91997E3484

WRITTEN QUESTION E-3484/97 by Richard Howitt (PSE) to the Council (3 November 1997)

Subject: The Warsaw Convention and an Essex resident held hostage in Kuwait - claim against British Airways

Given the long-standing complaint from Essex resident Mr Edward Hammett and 367 passengers of British Airways flight 149, that the airline recklessly and intentionally landed in Kuwait after the Iraqi invasion in the Gulf War, will the Council consider any possible European Union competence in relation to possible investigation?

In particular will the Council advise on aspects of European Union law which may be relevant, given the fact passengers in France have received compensation from BA following court action there, but fellow UK residents have been denied compensation in their own country?

Answer (12 February 1998)

The Council would draw the Honourable Member's attention to the fact that Council Directive 94/56/EC of 21 November 1994 (OJ L 319, 12.12.1994, p. 14) establishing the fundamental principles governing the investigation of civil aviation accidents and incidents simply places Member States under an obligation to have every accident or serious incident (Article 4) investigated by a functionally independent body or entity in each Member State (Article 6).

Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents (OJ L 285, 17.10.1997), as its title indicates, covers only damage sustained by passengers in the event of accidents.

The Council would remind the Honourable Member that it is for the Commission to ensure that the provisions of the Treaty establishing the European Community and the measures taken by the institutions pursuant thereto are applied.