The most important transport matters dealt with by ECTAA concern:
1. Air transport
2. Rail transport
3. Road transport
4. Maritime transport
Regulation (EC) No 261/2004 of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91
The Regulation establishes minimum rights for passengers when they are denied boarding against their will, their flight is cancelled or their flight is delayed. Depending on the circumstances, the passengers are entitled to a combination of assistance (meals and refreshments, hotel accommodation if necessary, etc.), compensation ranging between 250€ to 600€ and/or a right to reimbursement or rerouting.
[ View obligations of tour operators and travel agents ]
[ View Air Passenger Rights flyer and poster ]
Following a complaint from airlines’ associations, the Court of Justice of the European Communities has ruled the validity of the Regulation (EC) No 261/2004.
[ View IATA/ELFAA case ]
Regulation (EC) No 2111/2005 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
The Regulation aims at reinforcing air safety in the Community and information to passengers by (1) establishing and publishing a Community black list of air carriers which, for safety reasons, are subject to an operating ban, and (2) informing passengers of the identity of the air carrier operating the flights on which they travel.
[ View updated black list ]
Regulation (EC) No 1107/2006 of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when traveling by air
The Regulation establishes rules to protect disabled persons and persons with reduced mobility against discrimination and to ensure that they receive appropriate assistance free of charge.
[ View video showing rights and obligations of disabled persons and persons with reduced mobility ]
Regulation (EC) No 889/2002 of 13 May 2002 amending Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents
Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention)
The two Regulations transpose into Community law the Montreal Convention, which establishes the liability scheme of air carriers in case of delay, damage to baggage, passenger injury and death.
When a tour operator or an IATA travel agent goes bankrupt, there are financial guarantees in place to protect passengers’ money. No such mechanism is in place for airline failures despite the fact that there are an increasing number of airline failures. According to a European Commission study 50 airlines went bankrupt between 2000 and 2005, leaving more than 63.000 passengers stranded abroad without a return ticket.
ECTAA and the Guild of European Business Travel Agents (GEBTA) have worked with IATA on the elaboration of a passenger protection plan, which failed due to lack of support of airlines.
[ View details of Passenger Protection Plan ]
The European Commission has adopted a Regulation proposal to revise the third package of air transport liberalization, which provides additional safeguards to monitor airlines’ finances (Articles 5, 8 and 9). ECTAA does not consider that these measures are sufficient.
The European Commission launched in September 2007 a public consultation on the operation of Regulation 785/2004 on insurance requirements for air carriers and aircraft operators, which included questions on insurance coverage to protect passengers against air carrier insolvency. ECTAA requests to put in place a mandatory mechanism borne by air carriers to protect passengers against the bankruptcy of air carriers, possibly in the form of additional insurance requirements in Regulation 785/2004.
[ View Regulation proposal on common rules for the operation of air transport services in the Community ]
[ View ECTAA position ]
[ View ECTAA press release ]
Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers
Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes
Regulation (EEC) No 2409/92 of 23 July 1992 on fares and rates for air services
The Regulations constitute the third package of air transport liberalization in the Internal Market, with the introduction of harmonized requirements for an operating license for EU airlines, open access for all EU airlines to all routes within the EU and full freedom with regard to fares and rates. The European Commission has adopted a Regulation proposal to revise and consolidate those three Regulations. The proposed Regulation notably addresses the monitoring of airlines’ finances, the inclusion of taxes/fees/charges in air fares and prohibition of discrimination in access to fares based on travel agents’ establishment or passengers’ residence.
[ View Regulation proposal ]
Regulation (EC) 2299/89 of 24 July 1989 on a code of conduct for computerized reservation systems, as amended by Regulation (EEC) 3089/93 of 29 October 1993 and Regulation 323/1999 of 8 February 1999 (consolidated version)
Computerized Reservation Systems (CRSs) are systems that centralize air fares of participating carriers and enable subscribing travel agents to provide instantaneous information on fares and availability to customers, to confirm customers' bookings and issue air tickets. The CRS code of conduct aims at guaranteeing that CRS operate in a transparent and non-discriminatory way, preventing distortions of competition in the air transport supply chain.
ECTAA has participated in the consultation launched by the European Commission on the possible revision of the Regulation on CRSs. [ View ECTAA position paper ]
The European Commission has adopted a Regulation proposal for a revised CRS Code of Conduct on 15 November 2007. It provides for removal of agents’ identification from MIDTs, maintenance of obligations on parent carriers but possibly with a narrower interpretation of parent carrier, rules on display but not on full content in CRSs, and new obligations related to data protection.
Agreement between the European Union and the United States of America on the processing and transfer of passenger name record (PNR) data by air carriers to the United States Department of Homeland Security.
Following the terrorist attacks of 11 September 2001, for security reasons, the United States required that all European airlines give them access to the PNR data of their passengers on flights to or from the United States.
In order to guarantee the protection of the privacy of European citizens and of their personal data, the European Union concluded an agreement with the United States, in which the US authorities undertake to guarantee an adequate level of protection of the personal data of European air passengers.
The Agreement covers the data items that should be transferred and the way in which the US authorities will handle the collection, use and storage of those data taking into account the data protection requirements under EU law.
[ View Q&A information sheet prepared by the Commission ]
Furthermore, a European Working Group on the protection of personal data has published an opinion on the information that should be communicated to passengers concerning the transfer of their PNR data to US authorities and recommended using a short and/or a long information notice.
[ View opinion of the Working Group ]
[ View information notices ]
IATA Passenger Sales Agency resolutions and procedures
The 2008 edition of the Travel Agent’s Handbook (TAH818 for EU, EEA and Switzerland; TAH814 for Croatia and Turkey), the BSP Manual 2008 and the latest version of the Ticketing Handbook are available for download on the IATA website - click on this link.
IATA accredited travel agents are subject to a set of rules, laid down in the Passenger Sales Agency Programme, which are established by a conference composed of IATA member airlines (Passenger Agency Conference). ECTAA participates in IATA consultative bodies at European and global level to monitor and provide input on the developments of the Passengers Agency Programme.
In 2002, ECTAA and the Guild of European Business Travel Agents (GEBTA) filed a complaint against IATA and the IATA member airlines to the European Commission, for infringement of European competition legislation in the Passenger Agency Programme. Following the introduction of changes in the Programme, ECTAA and GEBTA withdrew their complaint in December 2005.
Proposal for a Directive amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community, COM(2006) 0818 final
The objective of this proposal is to address the growing climate change impact attributable to aviation by including aviation in the Community emissions trading scheme in two steps; from 2011, emissions from all domestic and international flights between EU airports will be covered; and from 2012, the scope will be expanded to cover emissions from all international flights - from or to anywhere in the world - that arrive at or depart from an EU airport.
Directive proposal on airport charges, COM(2006) 820 final
The Directive proposal on airport charges defines a number of principles to be respected by airport operators when they determine their airport charges, such as non-discrimination between carriers and between passengers, consultation and remedy of airport users, transparency of airport charges, etc.
[ View ECTAA position paper ]
As a protection against the new threat of liquid explosives, the EU has adopted security rules that restrict the amount of liquids that passengers can take through security checkpoints. They apply to all passengers departing from airports in the EU whatever their destination.
[ View poster and Q&A provided by the EU ]
Regulation (EC) No 13171/2007 of 23 October 2007 on rail passengers’ rights and obligations
The Regulation introduces a set of rules for reinforcing and improving the rights and obligations of passengers in rail transport, such as compensation and assistance in disruptive events, rights of persons with reduced mobility, etc.
Regulation (EC) No 561/2006 of 15 March 2006 on the harmonization of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85
The Regulation provides a common set of Community rules for maximum daily and fortnightly driving times as well as daily and weekly minimum rest periods for all drivers of road haulage and passenger transport vehicles, subject to specified exceptions and derogations.
Proposal for a Regulation on the liability of carriers of passengers by seas and inland waterways in the event of accidents, COM (2005)0592
This proposal aims at incorporating into European law the Athens Convention of 2002 on the carriage by sea of passengers and their luggage and to extend the application of the provisions of this Convention to carriage by sea within a single Member State as well as to international and domestic transport on inland waterways. ECTAA is in favor of the exclusion of inland waterways from the scope of the proposd Regulation.