Helping air passengers whose journeys are disrupted

Travelling by plane can be stressful for many people, especially when their journey is disrupted. But airlines now have to look after passengers and arrange alternative means of transport for them when their journeys are disrupted, thanks to EU rules, and when the airline is at fault they may also have to pay compensation to affected passengers.

Know your rights - before you fly
© stock.xchng

For most people, air travel is far from their everyday routine. When their flight is delayed or cancelled – perhaps leaving them in a foreign country where they don’t speak the language, with few alternative routes home – they need assistance to minimise inconvenience and to rearrange their travel plans to continue their journey, with as little disruption as possible. To ensure they get the help they need, European countries have agreed rules on air passengers’ rights. These rules apply to all airlines – scheduled, charter, full-service or no-frills – and to all flights departing from airports in the EU, and to those arriving within the Union, operated by airlines registered in the EU.

Automatic help

Passengers who find their flight has been delayed by more than a few hours, cancelled completely without prior notice, or who have been denied boarding because the airline has too many passengers for the seats available must be given immediate assistance by the airline. It is the airline’s responsibility to organise alternative travel arrangements to get the passenger to their final destination (or back to where they started when there is no point in continuing the journey), unless the passenger chooses not to travel and to have their full fare reimbursed. And depending on the length of delay, the airline has to provide food and refreshments, communication facilities and – if the delay is overnight – accommodation.

Immediate assistance must be provided to passengers whatever the cause of the delay, whether the problem is within the airline’s control or not. In certain circumstances where the airline is responsible for the journey being disrupted – in particular when a passenger is denied boarding – the airline must also pay compensation to the passenger.

Informing passengers of the carrier's identity and the blacklist of high-risk companies

The accident in Sharm-el-Sheikh in 2004 caused 148 deaths, mainly of European tourists, and showed that more stringent safety rules were needed. To this end, this Regulation is designed to make ramp inspections obligatory and to compel Member States to participate in a wider exchange of information on the safety of airlines.

ACT

Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC.

SUMMARY

This new Regulation is designed to give passengers the right to be informed of the identity of the carrier operating the flight they have booked, while at the same time reinforcing the obligation on Member States to pass on safety-related information. Companies considered to be unsafe will find their aircraft banned from flying and will have their names published on a universally accessible blacklist. This list will be published both on the Internet and in the Official Journal.

These provisions apply to flights:

• departing from an airport in the territory of a Member State to which the Treaty applies;
• departing from an airport in a third country and arriving at an airport in the territory of a Member State, provided that the contracting carrier is based in the Community;
• departing from an airport in a third country, where the flight is part of a contract of carriage entered into in the Community, and provided that the journey started in the Community.

A blacklist of unsafe airlines

The Annex sets out common criteria for considering a Community-wide operating ban for safety reasons. Air carriers will be included on the blacklist on the basis of the following criteria:

• evidence of serious safety deficiencies on the part of a carrier;
• a lack of ability (or willingness) on the part of a carrier to address safety deficiencies (lack of transparency or insufficient action);
• a lack of ability (or willingness) on the part of the authorities responsible for overseeing a carrier to address safety deficiencies (lack of cooperation, insufficient ability, etc.).

Member States publish a list of all air carriers banned from their airspace or subject to traffic rights restrictions for safety reasons. This list is made available to other Member States and to the Commission. The Commission publishes a consolidated list of these air carriers. Furthermore, at least once every three months, the Commission must assess whether the blacklist needs to be updated to include or exclude certain carriers. To update the list, both the Member State concerned and the European Aviation Safety Agency (EASA) must notify the Commission of all the relevant information.

Passengers' rights to information and reimbursement

To enable airline passengers to be better informed about the operating carrier when choosing a flight, passengers must be able to know which carrier will be operating the flight when they make the booking. The contracting carrier is required to inform passengers of the identity of the operating air carrier or carriers when making a reservation, whatever the means used to make the booking. The passenger must also be kept informed of any change of operating carrier, either at check-in or, at the latest, when boarding.

The Regulation also gives passengers the right to reimbursement or re-routing if a carrier with which a booking has been made is subsequently added to the blacklist, resulting in cancellation of the flight concerned.

Background

Safety oversight is regulated worldwide within the framework of the 1944 Chicago Convention on International Civil Aviation and is based on standards developed by the International Civil Aviation Organisation (ICAO). Under the Convention, air carriers, and in particular their compliance with safety requirements, must be supervised by their home country.

At European level, safety procedures are based on Community legislation and specifically on the European Aviation Safety Agency.

However, outside the European Union (EU), safety levels depend on the effectiveness of oversight procedures applicable in third countries. In this context, Directive 2004/36/EC ensures a high level of aviation safety for aircraft flying into, out of or within the Community by providing for a harmonised inspection system for third-country aircraft using European airports.

Protection of air passengers

Following this Communication, the Commission launched a campaign to inform air passengers of their rights under Community legislation. The Commission presents its legislative strategy, which aims to give more protection to the interests of air passengers. At the same time, it will seek to obtain voluntary commitments from airlines and compare their performance. It will also aim to achieve better representation for the interests of air passengers.

ACT

Commission Communication of 21 June 2000 to the European Parliament and to the Council regarding the protection of air passengers in the European Union [COM(2000) 365 final - Not published in the Official Journal].

SUMMARY

This Communication is based on the results of a consultative document launched by the Commission. This document, which was addressed to organisations representing airlines, passengers and airports, concerned the problems encountered by air passengers and possible solutions.

Air passengers and their protection

Growth of air transport, stimulated by the development of the single market, is giving rise to much dissatisfaction today in terms of the quality of service provided by airlines. In spite of numerous measures already taken at Community level (compensation for denied boarding, liability in case of accidents, a code of conduct for computerised reservation systems and package travel), it appears that passengers have little knowledge of their rights. This has led the Commission to launch an awareness campaign through the display of a "charter of passenger's rights" in European airports (available in all languages as a PDF document available for download on the website of DG Energy and Transport).

The policy proposed in this Communication combines both Community law, through various legislative acts, and voluntary commitments by the air transport sector. The Commission is counting on the cooperation of the airlines and airports to allow looser European legislation, preferring solutions negotiated on a voluntary basis. There is a need to avoid overregulation so as not to lessen the scope for competition or hamper cooperation between airlines.

The Commission points out that future legislation will seek a balance between legal certainty for passengers and for airlines, while guaranteeing more rights for passengers. They must be able to obtain accurate and up-to-date information on airlines' performance so that they can make informed choices. Moreover, the difficulty of settling disputes must be addressed. The handling of complaints is often disappointing. Besides, representation of passenger interests is often weak when compared with very influential airlines.

Commission proposals

The Commission is proposing to base its action on both legislation and voluntary commitments. The legislation to be proposed will have three objectives:

• enable delayed passengers to continue their journeys under good conditions, by giving them the right either to reimbursement of the ticket or to an alternative flight at the earliest opportunity;
• create new rights for passengers, by setting minimum requirements for air travel contracts. The aim would be to create certainty for passengers by requiring the airlines to draft contracts clearly setting out the services offered and the conditions applied. The Commission also wishes to improve the balance of contracts in favour of passengers;
• give passengers the information they need to make well-founded choices between airlines. The Commission is proposing, on the basis of data submitted by the airlines, to publish regular reports for consumers.

The voluntary commitments concern:

• improvement of service quality (lower fares, better information, easier complaints procedures);
• care for delayed passengers;
• simpler procedures for lodging complaints and mechanisms for settling disputes out of court.

The Commission is also proposing to involve airports in this attempt to improve service to passengers.

Commission work programme

In 2000, the Commission set out the following tasks:

• discuss how best to strengthen the representation of passengers with Member States and passengers' organisations.
• examine the effects of Internet sales and reservations on the market and competition rules.
• study the effects on competition of code sharing and of tariff coordination in interlining.
• assess the impact of cabin conditions on passengers' health.

Questions and answers on the list of air carriers subject to an operating ban in the EU (the "black list")

1 How is the European Community blacklist updated?

All Member States and the European Aviation Safety Agency (EASA) have the obligation to communicate to the Commission all information which may be relevant to updating the list. This may include reports showing serious safety deficiencies of an air carrier (such as reports of Safety Assessment of Foreign Aircraft inspections performed at airports within the European Community), operating bans imposed by third countries, audit reports drawn up by the International Civil Aviation Organisation (ICAO) following safety inspections (in the framework of the Universal safety Oversight Audit Programme) of the civil aviation authorities of the 189 Contracting parties to the Chicago Convention, as well as accident-related information or other serious incident-related information.

For the purpose of updating the list, the Commission is assisted by the Air Safety Committee composed by technical air safety experts from all the EU Member States (plus Iceland, Norway and Switzerland which, however, have no voting rights) and chaired by the Commission (the Commission does not have any voting rights). Acting on a proposal by the Commission, the Air Safety Committee adopts its opinion by qualified majority, which is then submitted to the European Parliament before final adoption by the Commission and subsequent publication in the Official Journal.

The decision to include or remove a carrier (or a group of carriers certified in the same State) is taken on the basis of the common safety criteria annexed to the "Basic Regulation" (Regulation 2111/2005/EC establishing a Community list of banned carriers). These criteria take into consideration, for instance, the existence of safety deficiencies on the part of an air carrier, or the lack of ability (or willingness) by an air carrier or authorities responsible for its oversight to address safety deficiencies, operating bans imposed by third countries, audit reports drawn up by third countries or international organisations (ICAO) and substantiated accident related information. All criteria are based on international aviation safety standards.

2 To whom does it apply?

The rules establishing the Community list of banned carriers apply to all air carriers irrespective of their nationality – EU and non-EU ones. The rules apply only to commercial air transport, that is to air transport of passengers and cargo for remuneration or hire. The rules do not apply to private and non-commercial flights.

European air carriers are vetted against EU safety rules, which comply with international rules but follow stricter procedures and sanctions. Non-EU air carriers are vetted against internationally binding safety standards established by the 1944 Chicago Convention and its annexes. The International Civil Aviation Organisation (ICAO) was established by this Convention.

3 How often is the list updated and what is the timeframe for this? Is there not a risk that it will quickly become obsolete?

In accordance with "the Basic Regulation", the Community "blacklist" may be updated whenever the Commission deems that it is necessary, or upon request of an EU Member State. In any case however, at least every three months, the Commission verifies whether it is appropriate to update the list. Of course, every decision to impose a ban must be the result of a careful assessment and including a suitable right of defence for all carriers under investigation. However, this can be done very quickly in urgent cases where an immediate threat to air safety is detected.

4 How can an airline be cleared and taken off the list?

If an airline considers that it should be taken off the list because it complies with the relevant safety standards, it can address a request to the Commission or a Member State, either directly or through its civil aviation authority. Only the Commission or a Member State may ask for the list to be updated. The Air Safety Committee will then assess the evidence presented by the airline and/or its oversight authority to substantiate its request for being withdrawn from the EC "blacklist" and formulate its opinion to the Commission.

5 How is an airline added to the list?

The procedure is the same as that for updating the list. If the Commission or a Member State acquires evidence indicating serious safety deficiencies on the part of an airline or its oversight authority anywhere in the world, they ask for the list to be revised immediately. Indeed, in such cases Member States have the obligation to ask for the update of the "blacklist". A decision is then taken in the light of the common safety criteria for banning established by the "Basic Regulation".

Where the Commission is of the opinion that the continuation of operations into the Community of an air carrier is likely to constitute a serious risk to safety and that such risk has not been resolved satisfactorily at national level (by measures taken by the civil aviation authority of a Member State) it can take provisional measures, whereby the carrier is banned from entering the European air space. These measures are then presented to the Air Safety Committee for confirmation or modification.

6 What do the common safety criteria cover?

These objective and transparent criteria were drawn up during the adoption process of the "Basic Regulation" on the basis of work undertaken by the Air Safety Committee of experts, taking into account the long and rich experience of Member States in this field. They focus mainly on the safety related information available in the Member States and in the Commission and the European Aviation Safety Agency. The criteria reflect measurable and verifiable documented evidence of:

• results of aircraft ramp checks carried out in European airports
• the use of poorly maintained, antiquated or obsolete aircraft
• the inability of the airlines involved to rectify the shortcomings identified during the inspections (evidenced by a repetition of the same deficiencies over a period of time) and the inability of the authority responsible for overseeing the airline to perform this task and to ensure that the international safety standards are at all times respected.

The Commission takes a decision to impose a complete or partial ban on an airline only after it has analysed these different factors on a case-by-case basis, and after having given the airline in question the right to explain its position, and after having held detailed consultations with the oversight authority of the airline concerned and with the Air Safety Committee of experts.

7 Does the inclusion of an airline in the EC "blacklist" always mean that it is no longer allowed to fly in Europe?

YES. As long as the air carrier is subject to a total ban, it cannot operate with its aircraft and personnel in the EC. The airline is placed on Annex A to the regulation whereby the "blacklist" is updated. Equally, as long as an air carrier is subject to a partial ban it can operate only with the aircraft stipulated in the Regulation and cannot expand its network. The airline is placed on Annex B to the regulation whereby the "blacklist" is updated.

Nevertheless, banned airlines can still fly their aircraft into the Community for maintenance (notably to resolve safety deficiencies in this area) without carrying any passengers or payload – the so-called "ferry flights". Also, banned airlines can use other airlines (their aircraft and personnel) on the basis of contracts called "wet-lease agreements". In this way, passengers and cargo can still be transported but only by airlines which fully comply with the safety rules. Furthermore, aircraft which are used for government or state purposes (e.g. transport of the heads of state and/or government), escape the requirements of ICAO. Therefore, these aircraft are considered to be operating "state flights" and can therefore fly into the EC even if they are banned from operating commercial flights. Such flights need however a special authorisation as foreseen by ICAO, from all the Member States that the plane flies over as well as from the state of destination.

Finally, banned airlines cannot enter the airspace of any Member State and fly over their territory while they are banned (totally or partially).

8 Does the list prevent EU Member States from taking individual safety measures at a national level?

NO. The general principle is that whatever measure is considered at national level must be also examined at Community level. When an air carrier is considered unsafe and therefore banned in one Member State, there is an obligation to examine this measure at EU level with a view to applying it throughout the European Union. Nevertheless, even where a ban is not extended to the EU, there is scope for Member States to continue to act at national level in certain exceptional cases, particularly in emergencies or in response to a safety issue specifically affecting them.

9 What are airlines’ “rights of defence”?

Airlines which have been banned, or which are being investigated in view of a potential ban, have the right to express their points of view, submit any documents which they consider appropriate for their defence, and make oral and written presentations to the Air Safety Committee and the Commission. This means that they can submit comments in writing, add new items to their file, and ask to be heard by the Commission or to attend a hearing before the Aviation Safety Committee, which then formulates its opinion based on these proceedings and the materials submitted prior to or during the hearing. The rules foresee that carriers and authorities are given a deadline within which they have to respond.

10 Is there not a risk of retaliation by affected countries?

The Commission's sole aim is to improve aviation safety, which is in everyone’s interest, and in no way to affect a country’s economic or social development. Countries affected can put in place technical assistance measures to help airlines achieve a satisfactory level of aviation safety. Moreover, the Commission is always ready to explore any possible way of cooperating with countries which show a genuine intention of addressing their shortcomings with regard to aviation safety.

11 How is the public informed about the EC "blacklist" of unsafe airlines?

The latest version of the list is made available to the public online at http://ec.europa.eu/transport/air-ban/flywell_en.htm. The Commission also liaises closely with European and international travel agent associations each time that any changes are made to the list in order that they may be in the best possible position to aid their clients – the passengers – in making informed decisions when making their travel arrangements. Moreover, the "blacklist" regulation also obliges national civil aviation authorities, EASA and airports in the territory of the Member States to bring the EC "blacklist" to the attention of passengers, both via their websites and, where relevant, in their premises.

12 In what way does publishing the list help European citizens travelling beyond EC territory?

Publishing the list provides useful information to people wishing to travel outside the European Community - where the EC flight ban does not apply - in order for them to avoid travelling with these airlines. The list also safeguards the rights of consumers who have bought a trip at a travel agent which includes a flight operated by an airline on the EC "blacklist".

The "blacklist" regulation also establishes passengers' right to know the identity of every airline they fly with throughout their trip. To this effect, the contracting carrier is required to inform passengers of the identity of the operating air carrier or carriers when making a reservation, whatever the means used to make the booking. The passenger must also be kept informed of any change of operating carrier, either at check-in or, at the latest, when boarding. The Regulation also gives passengers the right to reimbursement or re-routing if a carrier with which a booking has been made is subsequently added to the blacklist, resulting in cancellation of the flight concerned.

LIST OF AIRLINES BANNED WITHIN THE EU

Effective aviation safety standards in Europe have rendered our safety record amongst the best in the world. Whilst the European Union and its Member States are working with safety authorities in other countries to raise safety standards across the world, there are still some airlines operating in conditions below essential safety levels.

To improve safety in Europe further, the European Commission – in consultation with Member States’ aviation safety authorities – has decided to ban airlines found to be unsafe from operating in European airspace.

These are listed in the document below. The first list includes all airlines banned from operating in Europe. The second list includes airlines which are restricted to operating in Europe under specific conditions.

Please send us an email to get the complete PDF report of the list of airlines banned within the EU: fundmanuals@yahoo.com

Commission updates the list of airlines banned from European airspace

The European Commission adopted yesterday evening the eleventh update of the Community’s list of airlines banned in the European Union which comprises those of two additional countries. With this update the ban imposed upon five airlines is lifted given satisfactory improvements in safety.

"We cannot afford any compromises in air safety, we have to remain vigilant; citizens have the right to fly safely every where in the world" said Commission Vice-President Antonio Tajani and concluded that "we will not accept that airlines fly at different standards when they operate inside and outside Europe – it is high time that the international community rethinks its safety policy; those airlines which are unsafe should not be allowed to fly anywhere. This list has greatly contributed to making Europe's skies safer. We should gradually move towards an international strategy based on cooperation between countries around the world".

The key conclusions to be drawn from this latest update of the list are twofold: a) the list acts a strong incentive to remedy safety deficiencies; withdrawal from the list is indeed possible, when the parties concerned put effectively in place sound corrective action to comply with all relevant safety standards; b) the concept of a Community list is increasingly proving to serve as a preventive rather than punitive instrument for safeguarding aviation safety. This is illustrated by the numerous instances where the Community has successfully addressed potential safety threats well ahead of resorting to the drastic measure of imposing restrictions.

Significant improvements and accomplishments of the Indonesian civil aviation authority are recognised in the area of safety. Since the imposition of the ban in July 2007, four air carriers – Garuda Indonesia, Airfast Indonesia, Mandala Airlines and Premiair can be taken off the list, because their authority ensures that they respect the international safety standards. The Thai carrier One Two Go has been removed from the list as its certificate has been revoked by the Thai aviation authorities. Progress made by the civil aviation authority of Angola and the air carrier TAAG Angola Airlines to resolve progressively any safety deficiencies are recognised. In that context, the cooperation and assistance agreement signed between the civil aviation authorities of Angola and of Portugal allowed the airline to operate again into Portugal only with certain aircraft and under very strict conditions.

This update also highlights the continuous dialogue with certain States regarding the safety of their carriers. In this respect, following evidence of improvements in the safety standards, the performance of various Russian air carriers on which the Russian authorities have imposed operating restrictions will be closely monitored.

It also acknowledges the efforts made by the civil aviation authorities of Indonesia, Gabon, Ukraine and Angola to enhance the exercise of their oversight responsibilities with a view to improving safety and cooperate closely to that end with the Commission.

Safety deficiencies identified in the system of oversight by the aviation authorities of Zambia and Kazakhstan, led to an operating ban on all carriers from these two countries, with the exception of the Kazakh air carrier Air Astana, whose operations into the Community are frozen under strict restrictions.

Nonetheless, all carriers covered by this and previous updates continue to be subject to prioritised ramp inspections at Community airports in order to ensure their consistent adherence to the relevant safety standards.

Hence, today, the Community’s list has 9 individual carriers whose operations are fully banned in the European Union – Air Koryo from the Democratic People Republic of Korea (DPRK), Air West from Sudan, Ariana Afghan Airlines from Afghanistan, Siem reap Airways International from Cambodia, Silverback Cargo Freighters from Rwanda, Motor Sich, Ukraine Cargo Airways, Ukrainian Mediterranean Airlines and Volare from Ukraine; all carriers (246) from 12 countries - Angola, Benin, the Democratic Republic of Congo (DRC), Equatorial Guinea, Gabon, (with the exception of three carriers which operate under restrictions and conditions), Indonesia (with the exception of the four carriers removed from the list), Kazakhstan (with the exception of one carrier which operates under restrictions and conditions), the Kyrgyz Republic, Liberia, Sierra Leone, Swaziland and Zambia; 7 air carriers which are allowed to operate under restrictions and conditions - TAAG Angola Airlines, Air Astana from Kazakhstan, Gabon Airlines, Afrijet and SN2AG from Gabon, Air Bangladesh and Air Service Comores.

The safety audits of the International Civil Aviation Organisation (ICAO) constitute a pillar and one of the common criteria which are used to impose an operating ban. Enhancing the cooperation in this area with ICAO is therefore essential. This was the key subject at a meeting on 9 July between Vice President Tajani and the President of ICAO's Council, Mr. Kobeh. A report later this year on the functioning of the rules will also contain proposals to strengthen the international dimension.