Guidance on quality standards under Regulation EC …€¦ · Markets and Consumers Group Guidance...
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Markets and Consumers Group Guidance on quality standards under Regulation EC 1107/2006 CAP 1228
Transcript of Guidance on quality standards under Regulation EC …€¦ · Markets and Consumers Group Guidance...
Markets and Consumers Group
Guidance on quality standards under Regulation EC 1107/2006 CAP 1228
Published by the Civil Aviation Authority, 2014 Civil Aviation Authority, CAA House, 45-59 Kingsway London WC2B 6TE
You can copy and use this text but please ensure you always use the most up to date version and use it in context so as not to be misleading, and credit the CAA.
First published 2014 Enquiries regarding the content of this publication should be addressed to James Fremantle: 020 7453 6731 The latest version of this document is available in electronic format at www.caa.co.uk, where you may also register for e-mail notification of amendments.
CAP 1228 Contents
Contents
Contents 3
Introduction 4
Chapter 1 5
Publication of quality standards 5
Chapter 2 6
What the quality standards should contain 6
Legal framework 6
The ECAC Code and service standards 6
Departing passengers 7
Transit passengers 8
Arriving passengers 8
Passenger surveys 9
Chapter 3 10
Consultation 10
Chapter 4 11
Monitoring performance against quality standards 11
Annex
CAP 1228 Introduction
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Introduction
1. The aim of Regulation EC1107/2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air (‘the Regulation’) is to ensure that such people have the same opportunities for air travel as those of others, in particular that they have the same rights to free movement, freedom of choice and non-discrimination. A copy of the legislation is at Annex A.
2. In relation to airports, the requirements of the Regulation deal mostly with the assistance that airports are required to provide to disabled persons and persons with reduced mobility (PRMs) to help them move around the airport and embark or disembark the aircraft (usually through a contracted service provider). Given this, it is imperative that airports set appropriate quality standards for this assistance to ensure that it is delivered to an acceptable standard.
3. It is also important that these service quality standards, and the performance against them, are made public so that PRMs can have the confidence to travel, knowing that their assistance needs will be met; and also so that they can hold the airport to account if the assistance provided by the airport did not meet expected levels. Making this information public may also allow PRMs to incorporate airport performance into their decisions over which airports to fly to and from. (This is consistent with our proposals for information for PRMs under our information duties under sections 83-93 of the Civil Aviation Act 2012, where we are proposing minimum standards in terms of the information available for PRMs, and its accessibility, on airport and airline websites.)
4. The purpose of this guidance is to help clarify the requirements of the Regulation in relation to the setting, monitoring, and publication of service quality standards, to ensure that the objectives of the Regulation are met, and to help give PRM passengers the confidence to travel, knowing that their assistance needs will be met.
CAP 1228 Chapter 1: Publication of quality standards
October 2014 Page 5
CHAPTER 1
Publication of quality standards
1. Article 9(3) requires airports to publish their quality standard documents. These should be separate to any service level agreement with the PRM service provider.
2. It is important to ensure that a passenger can identify quality standards quickly and easily on an airport’s website. Quality standards documents should be published on the ‘special assistance’ sections of airport websites.
CAP 1228 Chapter 2: What the quality standards should contain
October 2014 Page 6
CHAPTER 2
What the quality standards should contain
Legal framework 1. The importance of setting, monitoring, and publishing service quality standards is
recognised in Article 9 of the Regulation. Article 9(1) requires that airports with 150,000 commercial passengers or more ‘set quality standards’ for the assistance specified in Annex I of the Regulation and that these quality standards are published (Article 9(3)). Under Article 14 there is a specific obligation on the CAA, as the UK National Enforcement Body, to ‘where appropriate...take the measures necessary to ensure that the rights of disabled persons and persons with reduced mobility are respected, including compliance with the quality standards’.
2. The Regulation states that airports must set the quality standards for the items listed in Annex I of the Regulation and that ‘full account’ must be ‘taken of internationally recognised policies and codes of conduct…notably the European Civil Aviation Conference (ECAC) Code of Good Conduct in Ground Handling for Persons with Reduced Mobility (a copy is at Annex B). The airports must set quality standards, and determine resources for meeting them, in cooperation with airport users and ‘organisations representing disabled passengers and passengers with reduced mobility’.
3. The Regulation also allows for airports to agree higher standards, or provide additional services, for PRMs travelling with particular carriers. However an airline may be required to pay an additional fee per passenger to the airport for this enhanced service.
The ECAC Code and service standards 4. The ECAC Code at paragraph 1.6 (service standards and performance
monitoring) provides a number of timeframes and percentage standards for assistance (these metrics are covered in more detail in subsequent sections of this guidance). Paragraph 1.8 of the ECAC Code specifies also that there should be ‘regular reviews to monitor the service provider’s performance against the quality standards and to continually improve performance-monitoring systems.’
5. The Code also states that the metrics referred to in paragraph 1.6 ‘represent the minimum levels of service’. It is clear that they do not cover all the areas of assistance that airports are required to provide under Annex 1 of the Regulation. The Code proposes that the metrics in paragraph 1.6 should be supplemented
CAP 1228 Chapter 2: What the quality standards should contain
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by a number of broader performance measures (paragraph 1.7 of the Code), including that
all customers should be satisfied with the assistance provided;
subject to pre-notification, 100% of departing customers who are at the designated point within the stipulated time should reach their aircraft in time to enable timely pre-boarding and departure;
all employees, including the management, who deal directly with the travelling public at airports, should receive at least annual customer service training in the ‘skills needed to communicate with disabled people’ and disability awareness training.
6. It is the CAA's view that airports should implement every recommendation in the ECAC Code. The recommendations will deliver a performance framework that is compliant with Article 9 of the Regulation. It also, more meaningfully, should ensure that airports are able to give PRMs the confidence to travel knowing that their assistance needs will be met; to allow PRMs to incorporate information on the performance against the standards in their consumer decision-making; and to enable PRMs to better hold the airport to account if the assistance provided by the airport does not meet their expectations.
Departing passengers 7. Each quality standards document should include a requirement, as set out in the
ECAC Code (paragraph 1.7), that ‘subject to pre-notification, 100% of departing customers who are at the designated point within the stipulated departure time should reach their aircraft in time to enable timely pre-boarding and departure’. This will ensure that all passengers who have pre-notified at least 48 hours before travel and arrive either at check-in, or at a designated point, at the times requested by the airline (or if no time is provided arrive no later than one hour at check-in, or two hours at a designated point, before the flight time (Article 7 of the Regulation)) will be provided with assistance that will get them to their flight on time.
8. For passengers who have not pre-notified 48 hours before travel, the airport (or PRM service provider) must make ‘all reasonable efforts’ to get PRMs to the gate on time (Article 7(3)). The CAA’s view is that airports should not attempt to quantify this in terms of a percentage. However, airports should note that the European Commission, in its ‘Interpretative guidelines’1 for the Regulation, expects airports ‘to take a proactive role in seeking to meet any request for assistance’.
1 http://ec.europa.eu/transport/themes/passengers/air/doc/prm/2012-06-11-swd-2012-171_en.pdf
CAP 1228 Chapter 2: What the quality standards should contain
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9. Airports should record any incident where a PRM passenger’s flight has departed without them. The information recorded should include the reason for the missed flight.
10. The ECAC Code (paragraph 1.6) stipulates targets for waiting times at landside ‘designated points’, including those outside the terminal building, once PRMs have made themselves known and before assistance is provided. These should be adopted as minimum standards and it should be made clear that this includes all ‘designated’ points within the terminal boundary or under the direct control of the airport. In addition to standards that measure time taken to move PRMs, airports should use qualitative metrics (see section on passenger surveys) in order to get a fuller assessment of performance.
Transit passengers 11. In order to meet the obligation listed under Annex 1 of the Regulation to ‘reach
connecting flights when in transit’, each document should state that, subject to ‘minimum connection times’, all passengers who have pre-notified at least 48 hours prior to travel should reach their connecting aircraft to enable timely pre-boarding and departure. For those that have not pre-notified, airports must ‘make all reasonable efforts’ to ensure that the passenger reaches the gate on time (again, the CAA’s view is that this should not be quantified).
12. Airports should record any incident where a PRM passenger’s flight has departed without them. The information recorded should include the reason for the missed flight.
Arriving passengers 13. The ECAC Code only recommends targets for arriving passengers in relation to
waiting times for assistance to disembark the aircraft.
14. Airports should endeavour to measure the passenger journey on arrival in totality (i.e. from gate to designated arrival point). However, there are factors which delay passengers that are outside the airport's control, such as time spent at baggage reclaim and immigration.
15. Given these difficulties, the CAA’s view is that airports need not stipulate quantitative metrics for waiting times for the assistance provided during the arriving passenger journey so long as, once the PRM passenger is disembarked, the airport assists the passenger through the airport in one continuous ‘movement’, i.e. directly from the arrival gate, through immigration and baggage reclaim, and to the final designated point, without a break in the assistance. However, if an airport uses ‘holding’ areas where PRM passengers have to wait for further assistance once disembarked from the aircraft, it should set targets for waiting times in these holding areas in a similar format to that of the ECAC time metrics.
CAP 1228 Chapter 2: What the quality standards should contain
October 2014 Page 9
Passenger surveys 16. The Code recommends that airports conduct regular passenger surveys of
PRMs and market research. The CAA’s view is that such tools are necessary to give airports a more complete assessment of the quality of the assistance provided to PRMs, particularly in areas such as staff attitudes, behaviours and customer service skills.
17. In principle, the CAA’s view is that each airport should conduct regular surveys of PRM satisfaction. However, in order to ensure qualitative metrics are used consistently and universally, and in an effort to address the burden of running such surveys on smaller airports, the CAA will design and host a PRMs satisfaction survey which will be available for all UK airports to use. It will cover key areas set out under Annex 1 of the PRM Regulation.
18. The risk of taking this approach is that, since the users of the survey will be self-selecting, the responses will not be representative of the experience of PRMs as a whole. In order for this approach to work, airports will need to ensure that they promote the survey actively and widely and find ways to encourage PRMs to complete the survey. Given these uncertainties, the CAA intends to trial this approach for one year from 1 January 2015, after which time we will evaluate its success. As part of evaluating the success of the survey at each airport, we will look at how each airport advertises and promotes the survey, the proportion of PRMs that complete the survey and, where possible, we will cross check the results of the survey with that of our own passenger survey, which contains a small number of high level questions about passenger satisfaction with the PRM service. We are committed to working with airports to make this a success but ultimately if airports wish this approach to be permanent, they will need to ensure it delivers useful intelligence on the quality of the PRM service.
19. We expect UK airports to actively advertise and promote the PRM satisfaction survey to PRM passengers. We intend to discuss with individual airports how this can be achieved, but in principle we expect the following methods to be used:
leaflets / cards available in waiting areas
leaflets / cards handed out personally by PRM agents
information on airport websites
notices in special assistance areas
notices in buggies / hi-lifts
notices at designated arrival and departure points
CAP 1228 Chapter 3: Consultation
October 2014 Page 10
CHAPTER 3
Consultation
1. Article 9(1) of the Regulation requires that airports set quality standards, and determine resources for meeting them, in cooperation with airlines through the Airport Users Committee, if one exists. It is the CAA’s view that if one does not exist, the airport must ensure it arranges for an alternative form of consultation which includes all airlines operating from the airport.
2. It must also set quality standards, and determine resources for meeting them, in cooperation with ‘organisations representing disabled passengers and passengers with reduced mobility.’ The Department for Transport Code of Practice for Access to Air Travel for Disabled Persons and Persons with Reduced Mobility2 suggests that airports could involve ‘local access/disability groups whose membership would include users of airports’ and provides a list of questions which airports can use to assess the suitability of groups (paragraph 5.3 of the Code of Practice). Ideally organisations or individuals representing a wide array of disabilities and mobility issues should be consulted. Consulting with individual PRM passengers who travel from the airport regularly is also an option (perhaps those who have made complaints or compliments to the airport about the PRM service).
3. Consultation should, as much as possible, include practical inspections of airport services (generally using ‘walk-throughs’). Airports should also consider convening regular forums containing representatives of disability groups and individuals.
4. Quality standards documents should make clear that consultation has taken place and list who the organisations were; when they were consulted; and how their views were taken into account (both for airlines and disability organisations).
2http://webarchive.nationalarchives.gov.uk/+/http:/www.dft.gov.uk/transportforyou/access/aviationshipping/acce
sstoairtravelfordisabled.pdf
CAP 1228 Chapter 4: Monitoring performance against quality standards
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CHAPTER 4
Monitoring performance against quality standards
1. Paragraph 1.8 of the ECAC Code specifies also that there should be ‘regular reviews to monitor the service provider’s performance against the quality standards and to continually improve performance-monitoring systems.’ Further it states that service providers ‘should be expected to introduce their own performance monitoring systems and to provide reasonable data as required by the airport community’.
2. Airports should collect data that measures performance in relation to the quality standards document. Airports should submit data to the CAA on its performance against its quality standards twice yearly (generally on a seasonal basis and within one month after each season). This should include detailed information on
performance against quantitative metrics (ECAC or similar)
any incident where a PRM passenger’s flight has departed without them
any incident where a PRM passenger’s connecting flight has been missed
the results of any in-house PRM passenger surveys
3. The performance against quantitative metrics should be published on airports’ websites with a clear link to the quality standards documents.
I
(Acts whose publication is obligatory)
REGULATION (EC) No 1107/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 5 July 2006
concerning the rights of disabled persons and persons with reduced mobility when travelling by air
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THEEUROPEAN UNION,
Having regard to the Treaty establishing the European Commu-nity, and in particular Article 80(2) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic andSocial Committee (1),
Having consulted of the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251of the Treaty (2),
Whereas:
(1) The single market for air services should benefit citizens ingeneral. Consequently, disabled persons and persons withreduced mobility, whether caused by disability, age or anyother factor, should have opportunities for air travelcomparable to those of other citizens. Disabled personsand persons with reduced mobility have the same right asall other citizens to free movement, freedom of choice andnon-discrimination. This applies to air travel as to otherareas of life.
(2) Disabled persons and persons with reduced mobility shouldtherefore be accepted for carriage and not refused transporton the grounds of their disability or lack of mobility, exceptfor reasons which are justified on the grounds of safety andprescribed by law. Before accepting reservations fromdisabled persons or persons with reduced mobility, aircarriers, their agents and tour operators should make allreasonable efforts to verify whether there is a reason whichis justified on the grounds of safety and which wouldprevent such persons being accommodated on the flightsconcerned.
(3) This Regulation should not affect other rights of passengersestablished by Community legislation and notably CouncilDirective 90/314/EEC of 13 June 1990 on package travel,package holidays and package tours (3) and Regulation (EC)No 261/2004 of the European Parliament and of theCouncil of 11 February 2004 establishing common ruleson compensation and assistance to air passengers in theevent of denied boarding and of cancellation or long delayof flights (4) . Where the same event would give rise to thesame right of reimbursement or rebooking under either ofthose legislative acts as well as under this Regulation, theperson so entitled should be allowed to exercise that rightonce only, at his or her discretion.
(4) In order to give disabled persons and persons with reducedmobility opportunities for air travel comparable to those ofother citizens, assistance to meet their particular needsshould be provided at the airport as well as on boardaircraft, by employing the necessary staff and equipment. Inthe interests of social inclusion, the persons concernedshould receive this assistance without additional charge.
(5) Assistance given at airports situated in the territory of aMember State to which the Treaty applies should, amongother things, enable disabled persons and persons withreduced mobility to proceed from a designated point ofarrival at an airport to an aircraft and from the aircraft to adesignated point of departure from the airport, includingembarking and disembarking. These points should bedesignated at least at the main entrances to terminalbuildings, in areas with check-in counters, in train, light rail,metro and bus stations, at taxi ranks and other drop-offpoints, and in airport car parks. The assistance should beorganised so as to avoid interruption and delay, whileensuring high and equivalent standards throughout theCommunity and making best use of resources, whateverairport or air carrier is involved.
26.7.2006 EN Official Journal of the European Union L 204/1
(1) OJ C 24, 31.1.2006, p. 12.(2) Opinion of the European Parliament of 15 December 2005 (not yet
published in the Official Journal), and Council Decision of 9 June2006.
(3) OJ L 158, 23.6.1990, p. 59.(4) OJ L 46, 17.2.2004, p. 1.
(6) To achieve these aims, ensuring high quality assistance atairports should be the responsibility of a central body. Asmanaging bodies of airports play a central role in providingservices throughout their airports, they should be given thisoverall responsibility.
(7) Managing bodies of airports may provide the assistance todisabled persons and persons with reduced mobilitythemselves. Alternatively, in view of the positive roleplayed in the past by certain operators and air carriers,managing bodies may contract with third parties for thesupply of this assistance, without prejudice to theapplication of relevant rules of Community law, includingthose on public procurement.
(8) Assistance should be financed in such a way as to spreadthe burden equitably among all passengers using an airportand to avoid disincentives to the carriage of disabledpersons and persons with reduced mobility. A charge leviedon each air carrier using an airport, proportionate to thenumber of passengers it carries to or from the airport,appears to be the most effective way of funding.
(9) With a view to ensuring, in particular, that the chargeslevied on an air carrier are commensurate with theassistance provided to disabled persons and persons withreduced mobility, and that these charges do not serve tofinance activities of the managing body other than thoserelating to the provision of such assistance, the chargesshould be adopted and applied in full transparency. CouncilDirective 96/67/EC of 15 October 1996 on access to thegroundhandling market at Community airports (1) and inparticular the provisions on separation of accounts, shouldtherefore apply where this does not conflict with thisRegulation.
(10) In organising the provision of assistance to disabled personsand persons with reduced mobility, and the training of theirpersonnel, airports and air carriers should have regard todocument 30 of the European Civil Aviation Conference(ECAC), Part I, Section 5 and its associated annexes, inparticular the Code of Good Conduct in Ground Handlingfor Persons with Reduced Mobility as set out in Annex Jthereto at the time of adoption of this Regulation.
(11) In deciding on the design of new airports and terminals,and as part of major refurbishments, managing bodies ofairports should, where possible, take into account the needsof disabled persons and persons with reduced mobility.Similarly, air carriers should, where possible, take suchneeds into account when deciding on the design of new andnewly refurbished aircraft.
(12) Directive 95/46/EC of the European Parliament and of theCouncil of 24 October 1995 on the protection ofindividuals with regard to the processing of personal dataand on the free movement of such data (2) should be strictlyenforced in order to guarantee respect for the privacy ofdisabled persons and persons with reduced mobility, andensure that the information requested serves merely to fulfilthe assistance obligations laid down in this Regulation andis not used against passengers seeking the service inquestion.
(13) All essential information provided to air passengers shouldbe provided in alternative formats accessible to disabledpersons and persons with reduced mobility, and should bein at least the same languages as the information madeavailable to other passengers.
(14) Where wheelchairs or other mobility equipment or assistivedevices are lost or damaged during handling at the airportor during transport on board aircraft, the passenger towhom the equipment belongs should be compensated, inaccordance with rules of international, Community andnational law.
(15) Member States should supervise and ensure compliancewith this Regulation and designate an appropriate body tocarry out enforcement tasks. This supervision does notaffect the rights of disabled persons and persons withreduced mobility to seek legal redress from courts undernational law.
(16) It is important that a disabled person or person withreduced mobility who considers that this Regulation hasbeen infringed be able to bring the matter to the attentionof the managing body of the airport or to the attention ofthe air carrier concerned, as the case may be. If the disabledperson or person with reduced mobility cannot obtainsatisfaction in such way, he or she should be free to make acomplaint to the body or bodies designated to that end bythe relevant Member State.
(17) Complaints concerning assistance given at an airportshould be addressed to the body or bodies designated forthe enforcement of this Regulation by the Member Statewhere the airport is situated. Complaints concerningassistance given by an air carrier should be addressed tothe body or bodies designated for the enforcement of thisRegulation by the Member State which has issued theoperating licence to the air carrier.
L 204/2 EN Official Journal of the European Union 26.7.2006
(1) OJ L 272, 25.10.1996, p. 36. Directive as amended by Regulation(EC) No 1882/2003 of the European Parliament and of the Council(OJ L 284, 31.10.2003, p. 1).
(2) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation(EC) No 1882/2003.
(18) Member States should lay down penalties applicable toinfringements of this Regulation and ensure that thosepenalties are applied. The penalties, which could includeordering the payment of compensation to the personconcerned, should be effective, proportionate and dissua-sive.
(19) Since the objectives of this Regulation, namely to ensurehigh and equivalent levels of protection and assistancethroughout the Member States and to ensure that economicagents operate under harmonised conditions in a singlemarket, cannot sufficiently be achieved by the MemberStates and can therefore, by reason of the scale or effects ofthe action, be better achieved at Community level, theCommunity may adopt measures, in accordance with theprinciple of subsidiarity as set out in Article 5 of the Treaty.In accordance with the principle of proportionality as setout in that Article, this Regulation does not go beyondwhat is necessary in order to achieve those objectives.
(20) This Regulation respects the fundamental rights andobserves the principles recognised in particular by theCharter of Fundamental Rights of the European Union.
(21) Arrangements for greater cooperation over the use ofGibraltar airport were agreed in London on 2 December1987 by the Kingdom of Spain and the United Kingdom ofGreat Britain and Northern Ireland in a joint declaration bythe Ministers of Foreign Affairs of the two countries. Sucharrangements have yet to enter into operation,
HAVE ADOPTED THIS REGULATION:
Article 1
Purpose and scope
1. This Regulation establishes rules for the protection of andprovision of assistance to disabled persons and persons withreduced mobility travelling by air, both to protect them againstdiscrimination and to ensure that they receive assistance.
2. The provisions of this Regulation shall apply to disabledpersons and persons with reduced mobility, using or intending touse commercial passenger air services on departure from, ontransit through, or on arrival at an airport, when the airport issituated in the territory of a Member State to which the Treatyapplies.
3. Articles 3, 4 and 10 shall also apply to passengers departingfrom an airport situated in a third country to an airport situatedin the territory of a Member State to which the Treaty applies, ifthe operating carrier is a Community air carrier.
4. This Regulation shall not affect the rights of passengersestablished by Directive 90/314/EEC and under Regulation (EC)No 261/2004.
5. In so far as the provisions of this Regulation conflict withthose of Directive 96/67/EC, this Regulation shall prevail.
6. Application of this Regulation to Gibraltar airport isunderstood to be without prejudice to the respective legalpositions of the Kingdom of Spain and the United Kingdom ofGreat Britain and Northern Ireland with regard to the disputeover sovereignty over the territory in which the airport issituated.
7. Application of this Regulation to Gibraltar airport shall besuspended until the arrangements included in the JointDeclaration made by the Foreign Ministers of the Kingdom ofSpain and the United Kingdom of Great Britain and NorthernIreland on 2 December 1987 enter into operation. TheGovernments of Spain and of the United Kingdom shall informthe Council of the date of entry into operation.
Article 2
Definitions
For the purposes of this Regulation the following definitionsshall apply:
(a) ‘disabled person’ or ‘person with reduced mobility’ meansany person whose mobility when using transport is reduceddue to any physical disability (sensory or locomotor,permanent or temporary), intellectual disability or impair-ment, or any other cause of disability, or age, and whosesituation needs appropriate attention and the adaptation tohis or her particular needs of the service made available toall passengers;
(b) ‘air carrier’ means an air transport undertaking with a validoperating licence;
(c) ‘operating air carrier’ means an air carrier that performs orintends to perform a flight under a contract with apassenger or on behalf of another person, legal or natural,having a contract with that passenger;
(d) ‘Community air carrier’ means an air carrier with a validoperating licence granted by a Member State in accordancewith Council Regulation (EEC) No 2407/92 of 23 July 1992on licensing of air carriers (1);
(e) ‘tour operator’ means, with the exception of an air carrier,an organiser or retailer within the meaning of Article 2(2)and (3) of Directive 90/314/EEC;
(f) ‘managing body of the airport’ or ‘managing body’ means abody which notably has as its objective under nationallegislation the administration and management of airportinfrastructures, and the coordination and control of theactivities of the various operators present in an airport orairport system;
26.7.2006 EN Official Journal of the European Union L 204/3
(1) OJ L 240, 24.8.1992, p. 1.
(g) ‘airport user’ means any natural or legal person responsiblefor the carriage of passengers by air from or to the airportin question;
(h) ‘Airport Users Committee’ means a committee of repre-sentatives of airport users or organisations representingthem;
(i) ‘reservation’ means the fact that the passenger has a ticket,or other proof, which indicates that the reservation hasbeen accepted and registered by the air carrier or touroperator;
(j) ‘airport’ means any area of land specially adapted for thelanding, taking-off and manoeuvres of aircraft, includingancillary installations which these operations may involvefor the requirements of aircraft traffic and servicesincluding installations needed to assist commercial airservices;
(k) ‘airport car park’ means a car park, within the airportboundaries or under the direct control of the managingbody of an airport, which directly serves the passengersusing that airport;
(l) ‘commercial passenger air service’ means a passenger airtransport service operated by an air carrier through ascheduled or non‑scheduled flight offered to the generalpublic for valuable consideration, whether on its own or aspart of a package.
Article 3
Prevention of refusal of carriage
An air carrier or its agent or a tour operator shall not refuse, onthe grounds of disability or of reduced mobility:
(a) to accept a reservation for a flight departing from orarriving at an airport to which this Regulation applies;
(b) to embark a disabled person or a person with reducedmobility at such an airport, provided that the personconcerned has a valid ticket and reservation.
Article 4
Derogations, special conditions and information
1. Notwithstanding the provisions of Article 3, an air carrier orits agent or a tour operator may refuse, on the grounds ofdisability or of reduced mobility, to accept a reservation from orto embark a disabled person or a person with reduced mobility:
(a) in order to meet applicable safety requirements establishedby international, Community or national law or in order tomeet safety requirements established by the authority thatissued the air operator's certificate to the air carrierconcerned;
(b) if the size of the aircraft or its doors makes the embarkationor carriage of that disabled person or person with reducedmobility physically impossible.
In the event of refusal to accept a reservation on the groundsreferred to under points (a) or (b) of the first subparagraph, theair carrier, its agent or the tour operator shall make reasonableefforts to propose an acceptable alternative to the person inquestion.
A disabled person or a person with reduced mobility who hasbeen denied embarkation on the grounds of his or her disabilityor reduced mobility and any person accompanying this personpursuant to paragraph 2 of this Article shall be offered the rightto reimbursement or re-routing as provided for in Article 8 ofRegulation (EC) No 261/2004. The right to the option of a returnflight or re-routing shall be conditional upon all safetyrequirements being met.
2. Under the same conditions referred to in paragraph 1, firstsubparagraph, point (a), an air carrier or its agent or a touroperator may require that a disabled person or person withreduced mobility be accompanied by another person who iscapable of providing the assistance required by that person.
3. An air carrier or its agent shall make publicly available, inaccessible formats and in at least the same languages as theinformation made available to other passengers, the safety rulesthat it applies to the carriage of disabled persons and personswith reduced mobility, as well as any restrictions on theircarriage or on that of mobility equipment due to the size ofaircraft. A tour operator shall make such safety rules andrestrictions available for flights included in package travel,package holidays and package tours which it organises, sells oroffers for sale.
4. When an air carrier or its agent or a tour operator exercises aderogation under paragraphs 1 or 2, it shall immediately informthe disabled person or person with reduced mobility of thereasons therefor. On request, an air carrier, its agent or a touroperator shall communicate these reasons in writing to thedisabled person or person with reduced mobility, within fiveworking days of the request.
Article 5
Designation of points of arrival and departure
1. In cooperation with airport users, through the Airport UsersCommittee where one exists, and relevant organisationsrepresenting disabled persons and persons with reducedmobility, the managing body of an airport shall, taking accountof local conditions, designate points of arrival and departurewithin the airport boundary or at a point under the directcontrol of the managing body, both inside and outside terminal
L 204/4 EN Official Journal of the European Union 26.7.2006
buildings, at which disabled persons or persons with reducedmobility can, with ease, announce their arrival at the airport andrequest assistance.
2. The points of arrival and departure referred to inparagraph 1, shall be clearly signed and shall offer basicinformation about the airport, in accessible formats.
Article 6
Transmission of information
1. Air carriers, their agents and tour operators shall take allmeasures necessary for the receipt, at all their points of sale inthe territory of the Member States to which the Treaty applies,including sale by telephone and via the Internet, of notificationsof the need for assistance made by disabled persons or personswith reduced mobility.
2. When an air carrier or its agent or a tour operator receives anotification of the need for assistance at least 48 hours before thepublished departure time for the flight, it shall transmit theinformation concerned at least 36 hours before the publisheddeparture time for the flight:
(a) to the managing bodies of the airports of departure, arrivaland transit, and
(b) to the operating air carrier, if a reservation was not madewith that carrier, unless the identity of the operating aircarrier is not known at the time of notification, in whichcase the information shall be transmitted as soon aspracticable.
3. In all cases other than those mentioned in paragraph 2, theair carrier or its agent or tour operator shall transmit theinformation as soon as possible.
4. As soon as possible after the departure of the flight, anoperating air carrier shall inform the managing body of theairport of destination, if situated in the territory of a MemberState to which the Treaty applies, of the number of disabledpersons and persons with reduced mobility on that flightrequiring assistance specified in Annex I and of the nature of thatassistance.
Article 7
Right to assistance at airports
1. When a disabled person or person with reduced mobilityarrives at an airport for travel by air, the managing body of theairport shall be responsible for ensuring the provision of theassistance specified in Annex I in such a way that the person isable to take the flight for which he or she holds a reservation,provided that the notification of the person's particular needs for
such assistance has been made to the air carrier or its agent orthe tour operator concerned at least 48 hours before thepublished time of departure of the flight. This notification shallalso cover a return flight, if the outward flight and the returnflight have been contracted with the same air carrier.
2. Where use of a recognised assistance dog is required, thisshall be accommodated provided that notification of the same ismade to the air carrier or its agent or the tour operator inaccordance with applicable national rules covering the carriageof assistance dogs on board aircraft, where such rules exist.
3. If no notification is made in accordance with paragraph 1,the managing body shall make all reasonable efforts to providethe assistance specified in Annex I in such a way that the personconcerned is able to take the flight for which he or she holds areservation.
4. The provisions of paragraph 1 shall apply on condition that:
(a) the person presents himself or herself for check-in:
(i) at the time stipulated in advance and in writing(including by electronic means) by the air carrier or itsagent or the tour operator, or
(ii) if no time is stipulated, not later than one hour beforethe published departure time, or
(b) the person arrives at a point within the airport boundarydesignated in accordance with Article 5:
(i) at the time stipulated in advance and in writing(including by electronic means) by the air carrier or itsagent or the tour operator, or
(ii) if no time is stipulated, not later than two hoursbefore the published departure time.
5. When a disabled person or person with reduced mobilitytransits through an airport to which this Regulation applies, or istransferred by an air carrier or a tour operator from the flight forwhich he or she holds a reservation to another flight, themanaging body shall be responsible for ensuring the provision ofthe assistance specified in Annex I in such a way that the personis able to take the flight for which he or she holds a reservation.
6. On the arrival by air of a disabled person or person withreduced mobility at an airport to which this Regulation applies,the managing body of the airport shall be responsible forensuring the provision of the assistance specified in Annex I insuch a way that the person is able to reach his or her point ofdeparture from the airport as referred to in Article 5.
7. The assistance provided shall, as far as possible, beappropriate to the particular needs of the individual passenger.
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Article 8
Responsibility for assistance at airports
1. The managing body of an airport shall be responsible forensuring the provision of the assistance specified in Annex Iwithout additional charge to disabled persons and persons withreduced mobility.
2. The managing body may provide such assistance itself.Alternatively, in keeping with its responsibility, and subjectalways to compliance with the quality standards referred to inArticle 9(1), the managing body may contract with one or moreother parties for the supply of the assistance. In cooperation withairport users, through the Airport Users Committee where oneexists, the managing body may enter into such a contract orcontracts on its own initiative or on request, including from anair carrier, and taking into account the existing services at theairport concerned. In the event that it refuses such a request, themanaging body shall provide written justification.
3. The managing body of an airport may, on a non-discriminatory basis, levy a specific charge on airport users forthe purpose of funding this assistance.
4. This specific charge shall be reasonable, cost-related,transparent and established by the managing body of the airportin cooperation with airport users, through the Airport UsersCommittee where one exists or any other appropriate entity. Itshall be shared among airport users in proportion to the totalnumber of all passengers that each carries to and from thatairport.
5. The managing body of an airport shall separate the accountsof its activities relating to the assistance provided to disabledpersons and persons with reduced mobility from the accounts ofits other activities, in accordance with current commercialpractice.
6. The managing body of an airport shall make available toairport users, through the Airport Users Committee where oneexists or any other appropriate entity, as well as to theenforcement body or bodies referred to in Article 14, an auditedannual overview of charges received and expenses made inrespect of the assistance provided to disabled persons andpersons with reduced mobility.
Article 9
Quality standards for assistance
1. With the exception of airports whose annual traffic is lessthan 150 000 commercial passenger movements, the managingbody shall set quality standards for the assistance specified inAnnex I and determine resource requirements for meeting them,in cooperation with airport users, through the Airport UsersCommittee where one exists, and organisations representingdisabled passengers and passengers with reduced mobility.
2. In the setting of such standards, full account shall be takenof internationally recognised policies and codes of conductconcerning facilitation of the transport of disabled persons orpersons with reduced mobility, notably the ECAC Code of GoodConduct in Ground Handling for Persons with Reduced Mobility.
3. The managing body of an airport shall publish its qualitystandards.
4. An air carrier and the managing body of an airport mayagree that, for the passengers whom that air carrier transports toand from the airport, the managing body shall provide assistanceof a higher standard than the standards referred to in paragraph 1or provide services additional to those specified in Annex I.
5. For the purpose of funding either of these, the managingbody may levy a charge on the air carrier additional to thatreferred to in Article 8(3), which shall be transparent, cost‑relatedand established after consultation of the air carrier concerned.
Article 10
Assistance by air carriers
An air carrier shall provide the assistance specified in Annex IIwithout additional charge to a disabled person or person withreduced mobility departing from, arriving at or transitingthrough an airport to which this Regulation applies providedthat the person in question fulfils the conditions set out inArticle 7(1), (2) and (4).
Article 11
Training
Air carriers and airport managing bodies shall:
(a) ensure that all their personnel, including those employed byany sub-contractor, providing direct assistance to disabledpersons and persons with reduced mobility have knowledgeof how to meet the needs of persons having variousdisabilities or mobility impairments;
(b) provide disability-equality and disability-awareness trainingto all their personnel working at the airport who dealdirectly with the travelling public;
(c) ensure that, upon recruitment, all new employees attenddisability‑related training and that personnel receiverefresher training courses when appropriate.
Article 12
Compensation for lost or damaged wheelchairs, othermobility equipment and assistive devices
Where wheelchairs or other mobility equipment or assistivedevices are lost or damaged whilst being handled at the airport or
L 204/6 EN Official Journal of the European Union 26.7.2006
transported on board aircraft, the passenger to whom theequipment belongs shall be compensated, in accordance withrules of international, Community and national law.
Article 13
Exclusion of waiver
Obligations towards disabled persons and persons with reducedmobility pursuant to this Regulation shall not be limited orwaived.
Article 14
Enforcement body and its tasks
1. Each Member State shall designate a body or bodiesresponsible for the enforcement of this Regulation as regardsflights departing from or arriving at airports situated in itsterritory. Where appropriate, this body or bodies shall take themeasures necessary to ensure that the rights of disabled personsand persons with reduced mobility are respected, includingcompliance with the quality standards referred to in Article 9(1).The Member States shall inform the Commission of the body orbodies designated.
2. Member States shall, where appropriate, provide that theenforcement body or bodies designated under paragraph 1 shallalso ensure the satisfactory implementation of Article 8,including as regards the provisions on charges with a view toavoiding unfair competition. They may also designate a specificbody to that effect.
Article 15
Complaint procedure
1. A disabled person or person with reduced mobility whoconsiders that this Regulation has been infringed may bring thematter to the attention of the managing body of the airport or tothe attention of the air carrier concerned, as the case may be.
2. If the disabled person or person with reduced mobilitycannot obtain satisfaction in such way, complaints may be madeto any body or bodies designated under Article 14(1), or to any
other competent body designated by a Member State, about analleged infringement of this Regulation.
3. A body in one Member State which receives a complaintconcerning a matter that comes under the responsibility of adesignated body of another Member State shall forward thecomplaint to the body of that other Member State.
4. The Member States shall take measures to inform disabledpersons and persons with reduced mobility of their rights underthis Regulation and of the possibility of complaint to thisdesignated body or bodies.
Article 16
Penalties
The Member States shall lay down rules on penalties applicableto infringements of this Regulation and shall take all themeasures necessary to ensure that those rules are implemented.The penalties provided for must be effective, proportionate anddissuasive. The Member States shall notify those provisions to theCommission and shall notify it without delay of any subsequentamendment affecting them.
Article 17
Report
The Commission shall report to the European Parliament and theCouncil by 1 January 2010 at the latest on the operation and theeffects of this Regulation. The report shall be accompanied wherenecessary by legislative proposals implementing in further detailthe provisions of this Regulation, or revising it.
Article 18
Entry into force
This Regulation shall enter into force on the 20th day followingthat of its publication in the Official Journal of the European Union.
It shall apply with effect from 26 July 2008, except Articles 3and 4, which shall apply with effect from 26 July 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 5 July 2006.
For the European ParliamentThe President
J. BORRELL FONTELLES
The PresidentFor the CouncilP. LEHTOMÄKI
26.7.2006 EN Official Journal of the European Union L 204/7
ANNEX I
Assistance under the responsibility of the managing bodies of airports
Assistance and arrangements necessary to enable disabled persons and persons with reduced mobility to:
— communicate their arrival at an airport and their request for assistance at the designated points inside and outsideterminal buildings mentioned in Article 5,
— move from a designated point to the check-in counter,
— check-in and register baggage,
— proceed from the check-in counter to the aircraft, with completion of emigration, customs and security procedures,
— board the aircraft, with the provision of lifts, wheelchairs or other assistance needed, as appropriate,
— proceed from the aircraft door to their seats,
— store and retrieve baggage on the aircraft,
— proceed from their seats to the aircraft door,
— disembark from the aircraft, with the provision of lifts, wheelchairs or other assistance needed, as appropriate,
— proceed from the aircraft to the baggage hall and retrieve baggage, with completion of immigration and customsprocedures,
— proceed from the baggage hall to a designated point,
— reach connecting flights when in transit, with assistance on the air and land sides and within and between terminals asneeded,
— move to the toilet facilities if required.
Where a disabled person or person with reduced mobility is assisted by an accompanying person, this person must, ifrequested, be allowed to provide the necessary assistance in the airport and with embarking and disembarking.
Ground handling of all necessary mobility equipment, including equipment such as electric wheelchairs subject to advancewarning of 48 hours and to possible limitations of space on board the aircraft, and subject to the application of relevantlegislation concerning dangerous goods.
Temporary replacement of damaged or lost mobility equipment, albeit not necessarily on a like‑for‑like basis.
Ground handling of recognised assistance dogs, when relevant.
Communication of information needed to take flights in accessible formats.
L 204/8 EN Official Journal of the European Union 26.7.2006
ANNEX II
Assistance by air carriers
Carriage of recognised assistance dogs in the cabin, subject to national regulations.
In addition to medical equipment, transport of up to two pieces of mobility equipment per disabled person or person withreduced mobility, including electric wheelchairs (subject to advance warning of 48 hours and to possible limitations of spaceon board the aircraft, and subject to the application of relevant legislation concerning dangerous goods.
Communication of essential information concerning a flight in accessible formats.
The making of all reasonable efforts to arrange seating to meet the needs of individuals with disability or reduced mobilityon request and subject to safety requirements and availability.
Assistance in moving to toilet facilities if required.
Where a disabled person or person with reduced mobility is assisted by an accompanying person, the air carrier will makeall reasonable efforts to give such person a seat next to the disabled person or person with reduced mobility.
26.7.2006 EN Official Journal of the European Union L 204/9
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ANNEX 5-C
CODE OF GOOD CONDUCT IN GROUND HANDLING FOR DISABLED PERSONS
AND PERSONS WITH REDUCED MOBILITY
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CODE OF GOOD CONDUCT IN GROUND HANDLING FOR DISABLED PERSONS AND PERSONS WITH REDUCED MOBILITY
Definition
‘disabled person’ or ‘person with reduced mobility’ means any person whose mobility when using transport is reduced due to any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation needs appropriate attention and the adaptation to his or her particular needs of the service made available to all passengers;
This definition does not include people who are sick and who need, for example, to travel on a stretcher or to receive in flight medical attention.
1.1 Introduction
The following specification provides guidance on the general nature and scope of the special assistance services to be provided and delivered at an airport in accordance with local, national & European legislation in order to ensure professional and seamless services to disabled persons and PRMs.
Airport managing bodies should work in partnership with all other operators, including air carriers and Ground Handling Companies, at a local level to organise special assistance for disabled persons and PRMs. Arrangements for the provision of special assistance should be in accordance with the EU Regulation (EC) 1107/2006 and disabled persons and PRMs should not be charged directly for the assistance they require. This does not apply to commercial medical services.
Disabled persons and PRMs have the same rights as other citizens to freedom of movement and freedom of choice. This applies to air travel as to all other areas in life. Discrimination towards disabled persons and PRMs in air travel should be prohibited. Disabled persons and PRMs should not be refused booking or carriage due to their disability. Disabled persons and PRMs should not be charged directly for the assistance they require.
1.2 Strategy for Special Assistance Services
Airport Managing Bodies should work in partnership to review and develop the way that special assistance services for disabled persons and PRMs are organised in order to support the principle of a professional and seamless service set out in the introduction.
Key strategies:
The service should be delivered in a harmonised, transparent, non-discriminatory way in accordance with the EU Regulation (EC) 1107/2006. Tbe same procedures should be adopted in Member States outside the European Union.
To improve levels of customer service and safety to disabled persons and PRMs, through a seamless service from quality suppliers, implemented with quality staff, equipment and a quality organisational structure, operating to meet and exceed prescribed customer service and safety standards.
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1.3 Scope
The services to be provided should include:
A booking service that enables the disabled person or PRM to notify his/her specific needs, and that ensures that these needs are recorded in the reservation system, for notification to all concerned entities in the travel chain.
A pre-booking service, utilising all aspects of all common and modern media (Web sites, e-mail, telephone text etc., both nationally and locally, for all those disabled persons and PRMs requiring assistance on departure and arrival).
Assistance from a designated point of set down at the airport to check-in.
Assistance with registration at check-in and with security processes.
Assistance in proceeding to the gate at the correct time for pre-boarding.
Assistance in boarding and disembarking, including the provision of a suitable service for passengers who require special access to/from the aircraft (in accordance with local or national regulatory requirements).
Assistance in the retrieval of baggage, and with immigration and customs processes.
Assistance from / to connecting flights both for landside and airside, inter and intra terminal connections.
Assistance up to the designated point of onward travel.
Enabling the customer to use the airport facilities as requested, subject to sufficient time being available.
Providing a wheelchair only service (non-assisted) as requested by passengers.
Adequate assistance in case of (long) delays and/or cancellation of flights (covering the momentary needs of the disabled person or PRM).
1.4 Operating Principles
Provisions regarding the facilitation of the transport of passengers requiring special assistance have been consolidated into the eleventh edition of ICAO - Annex 9, Chapter 8.
The following principles should be reflected in the operation:
Operating in accordance with the provisions laid down within the EU Regulation (EC) 1107/2006.
Airports managing bodies are responsible under that Regulation (article 8) for providing assistance to disabled persons and PRMs.
The airport should not charge the PRM directly. In any case, the service delivered should be in accordance, as a minimum, with the standards set out in Annex 1 of the Regulation and those are in accordance with ECAC Doc.30, Part 1.
‘Handover’ procedures should be avoided where possible. Where they cannot be avoided, procedures must be in place to ensure that there is continuity of service and that the passenger is not forgotten or left for too long.
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Seamless service should be provided where applicable.
An effective system of prioritising, scheduling and achieving timely assistance should be achieved.
Clear guidelines for the customer in order that they understand the provisions of the services should be available, including in an easy-to-read version.
Waiting/meeting areas at strategic points within individual airports should be provided in a suitable manner.
Where buggies are used, they should be organised and managed in a way that maximises their efficient utilisation.
The efficiency of the operation, ensuring that the most effective processes for redeploying staff and equipment are utilised, should continually be reviewed and improved.
Training programmes, based on the recommendations laid down within ECAC Doc 30, Part 1, appropriate to meet local regulations or national legislation, should be developed in partnership with representative disability organisations (see service level).
All necessary equipment used to provide assistance to PRMs that should comply with local & national legislation and also local airport requirements including national security regulations should be kept in readiness and provided by the service provider.
Airports in EU Member States must allow blind and other passengers who use them to be escorted by their recognised assistance dogs inside the terminals throughout their stay. The same policy should be adopted in all ECAC Member States.
1.5 Operating Hours and Locations
The suppliers should operate the required service during operational hours in landside, terminal and airside areas according to local requirements, including extended hours when necessitated by ad hoc or disrupted flights.
Set down and pick up points will include forecourts, public car parks, taxi ranks, coach and rail stations or other interchanges (where these exist within airport boundaries). Under EU Regulation (EC) 1107/2006 these points must be agreed at each airport in consultation with organisations representing disabled persons.
1.6 Service Standards and Performance Monitoring
These should be mutually agreed by the Airport Users Committee where one exists.
Service level targets and standards should be included in the service level agreement.
The following standards represent the minimum levels of service to be applied to the handling of disabled persons and PRMs. They are subject to adjustments agreed on by the local Airport Users Committee where one exists and all other stakeholders in accordance with the size of airport and the type of traffic concerned. PRMs and disabled persons should always receive assistance as soon as possible.
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For Pre-Booked Departing Customers
Upon arrival at the airport, once they have made themselves known:
80% of customers should wait no longer than 10 minutes for assistance
90% should wait for no longer than 20 minutes
100% should wait for no longer than 30 minutes.
For Non Pre-Booked Departing Customers
Upon arrival at the airport, once they have made themselves known:
80% of customers should wait no longer than 25 minutes
90% should wait no longer than 35 minutes
100% should wait no longer than 45 minutes.
Note: Waiting times over 15 minutes are subject to availability of waiting areas as referred to in 1.5.
For Pre-Booked Arriving Customers
Assistance should be available at the gate-room / aircraft side for:
80% of customers within 5 minutes of “on chocks”
90% within 10 minutes
100% within 20 minutes.
For Non Pre-Booked Arriving Customers
Assistance should be available at the gate-room / aircraft side for:
80% of customers within 25 minutes of “on chocks”
90% within 35 minutes
100% within 45 minutes.
1.7 General
All customers should be satisfied with the assistance provided
Subject to pre-notification, 100% of departing customers who are at the designated point within the stipulated time should reach their aircraft in time to enable timely pre-boarding and departure.
Training is required for all employees including the management who deal directly with the travelling public at airports and shall be tailored to the employee’s function. At least they should receive annual customer service training and disability awareness training, which should include the following:
o Information on the range of disabilities incl. all types of temporary disability (broken legs, arms etc.)
o Skills needed to communicate with disabled people, particularly those with a hearing impairment or learning difficulties.
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To deliver at least the minimum standards of service as defined in ECAC Doc 30, Part 1, the service provider of the special assistance to disabled persons and PRMs will employ well-trained and educated staff only.
Note: Training Courses should be developed in partnership with recognised national and European forums of people with a disability.
1.8 Performance & Quality Monitoring
There will be regular reviews to monitor the service provider performance against these standards and to continually improve performance-monitoring systems. Performance against some or all of the standards should be used to publicise the services provided and these could also be included within any future passenger charter.
Whilst regular market research surveys will be undertaken to measure performance, the suppliers should be expected to introduce their own performance monitoring systems and to provide reasonable data as required by the airport community.
2. Promoting Awareness
The service provider will be expected to provide useful information to the public and other airport organisations promoting awareness of the special assistance services or arrangements available.
They should also emphasise the importance of pre-booking and exploit the growing use of the Internet ensuring that information provided is in all accessible formats.
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