Passengers’ rights will be a key issue in the transport sector in the next six months. This has a lot to do with the fact that the Spanish EU presidency is hoping to make progress in talks on draft regulations on the rights of passengers travelling by sea, coach and bus. The talks may, at least for sea passengers, lead to a final agreement with the European Parliament. In addition, the European Commission is considering revising rules on the rights of airline passengers. It has just launched a wide-ranging consultation on the issue and a major conference will allow all stakeholders to express their views in early 2010. New legislative proposals are likely to follow. This follows a recent European Parliament resolution calling for measures, before July 2010, to protect passengers who are victims of airlines going bankrupt and a new European Court of Justice ruling (joint ruling of 19 November 2009 – cases C-402/07 and C-432/07). This interprets existing rules (Regulation 261/2004) very broadly by considering that a significant delay should give passengers the right to financial compensation by airlines. The regulation itself does not stipulate this. Given that the Commission has also criticised poor implementation of the rules and “significant” problems in baggage handling (Anne Houtman, director in DG Transport, at the parliamentary transport committee on 9 November), there is every reason to believe that “adjustments” will be put forward in the coming months. In addition, a huge information campaign on railway passengers’ rights is to be launched by the Commission in early 2010 after a new regulation in this area (Regulation 1371/2007) came into force on 3 December 2009.

SAFETY A PRIORITY

It is likely that transport safety, one of the Spanish presidency’s priorities, will be discussed at considerable length. Spain wants to move ahead with a text, tabled by the Commission at the end of October 2009, which proposes new rules for investigations into air accidents. The Spaniards hope to reach an agreement at first reading with the European Parliament. Contact with the rapporteur has been scheduled for February.

The Commission is due to present its new 2011-2020 action plan on road safety in the first half of 2010. If it does so early enough – March/April – some technical meetings will be organised by the Spanish presidency to draft conclusions, which could be approved by the Transport Council in June. Another issue could also feature: crossborder enforcement of road traffic offence penalties. The Commission tabled a draft directive in March 2008 (COM(2008)0151), which aims to put in place an electronic data exchange network throughout the EU to make it possible to identify drivers who have committed offences in another member state. The proposal was blocked in Council because of disagreement over its legal base. But this dispute has become obsolete now that the Lisbon treaty is in place and a new Commission proposal is expected. The legal base chosen (transport or judicial/police cooperation), will determine whether this is handled by transport or justice/home affairs ministers.

Railways are also awaiting a proposal to recast the first European railway package. This is due to arrive in the first half of 2010, possibly around April, although a delay until later in the year cannot be ruled out. The package contains several key directives, which define rules in terms of the attribution of capacities, fees, granting of licences and access to the railway market. There is still uncertainty over the extent of the reform envisaged, especially whether the Commission will address passenger transport liberalisation.

On the international scene, heads will be turning to the US and the negotiation of an ‘open skies II’ agreement. This is a Spanish presidency priority. The sixth round of talks is scheduled to take place in Washington between 11 to 14 January. Another round is scheduled for February in Madrid.

Little progress on the Eurovignette, a key transport dossier, can be expected in the next six months. At best there might be some technical meetings, but nothing political. The issue stagnated during the Swedish presidency and there is no reason to see this changing during its successor. The proposal aims to allow member states to put in place tolls reflecting the external costs generated by goods transported by lorry. Spain fears this will increase costs for its transporters and is fiercely opposed to it.

Railways are also awaiting a proposal to recast the first European railway package

What else on the horizon?

- Look out for funding of regional airports and aid for airlines using them: new guidelines are in the Commission pipeline. Greater liberalisation of stop over services is also being examined, with a public consultation running until mid-February.

- The Spanish presidency will work on an agreement with the Parliament on reporting formalities for ships arriving in and departing from EU ports. It may also start work on the future of the European maritime safety agency, if the relevant proposal is tabled in time by the Commission.

- The Spaniards also want to work on urban mobility based on the action plan put forward by the Commission last September. This is likely to be discussed during the informal Transport Council of 12-13 February in La Coruña (Galicia), which will emphasise technological innovation and safety.