Commission publishes new guidelines for more clarity on air passenger rights
Today, the Commission is publishing revised interpretative guidelines on air passenger rights that will facilitate compliance with regulations and harmonise enforcement by national bodies. Since 2016, the Commission has been providing guidelines to address common concerns raised by national enforcement bodies, passengers and their associations, and industry representatives. Today’s revision notably takes into account rulings by the Court of Justice since 2016 that clarify certain provisions, allowing for more effective and consistent enforcement of the rules. A new section on massive travel disruptions has also been added.
Revised interpretative guidelines on the rights of persons with disabilities and persons with reduced mobility when travelling by air have also been published.
Passenger rights defined at EU level are applied by transport providers and enforced by national bodies. Disparities between national practices can creat
e confusion for passengers when they face challenges during their journey, especially if it spans EU borders. It can also be difficult for passengers to understand the necessary steps and find appropriate assistance. Today’s guidelines will help improve implementation and complement the Commission’s efforts to raise awareness of passenger rights, including through regular online awareness-raising campaigns, the Your Europe web pages and a passenger rights mobile app.
Passengers in need of more information about their rights
Today’s guidelines come together with the release of a new Eurobarometer survey, which highlights that most Europeans still feel that they lack sufficient information on their passenger rights, even if awareness increased compared to five years ago.
Results highlight that respondents were most likely to feel well informed about passenger rights for travel by rail (33%), followed by air (30%), coach (27%) and then ship/ferry (16%). The survey also shows that 84% of respondents requesting
assistance for persons with disabilities or reduced mobility were satisfied with the response.
35% of travellers have seen information about passenger rights, up 13 percentage points since 2019. Most commonly, this was in railway stations (9%, +5). 75% of plane passengers received pre-travel information on their rights, compared to 61% for rail, 51% for coaches, and 54% for ships/ferries. Awareness-raising remains extremely important.
Satisfaction with how significant disruptions were handled is highest for flights (66%, +12 pp, followed by ships/ferries (53%, -3 pp), rail (52%, +8 pp), and coaches (50%, +8 pp).
Use of single tickets for multimodal journeys remains limited at 11% (unchanged), with rail/coach (39%, +9 pp) and air/rail (25%, +1 pp) the most common combinations. 32% (+7 pp) faced issues, 13% (+4 pp) almost missed a connection, and 11% (+3 pp) actually missed a connection.
Next steps
The guidelines can now be used by operators and national enforcement bodies. In addition, the results of the
Eurobarometer survey, as well as the guidelines, are available to the co-legislators as they consider the two Commission proposals of November 2023 on enforcing passenger rights and on passenger rights in the context of multimodal journeys, as well as the Commission’s 2013 legislative proposal on air passenger rights.
Background
The EU is the only area in the world where passengers are protected by a full set of rights – whether they travel by air, rail, ship or bus and coach. Passenger rights are based on three cornerstones: non-discrimination; accurate, timely and accessible information; immediate and proportionate assistance. This protection is unique in the world.
Eurobarometer is the polling instrument used by EU institutions and agencies to regularly monitor the state of public opinion in Europe on issues related to the European Union as well as attitudes on subjects of political or social nature. This Eurobarometer survey was conducted between 12 January and 4 February 2024, with interviews of 26,60
1 citizens.
For More Information
Revised interpretative guidelines on air passenger rights
Annex to the Revised interpretative guidelines on air passenger rights
Revised interpretative guidelines on the rights of persons with disabilities and persons with reduced mobility when travelling by air
Annex to the Revised interpretative guidelines on the rights of persons with disabilities and persons with reduced mobility when travelling by air
Results: Special Eurobarometer 543
Information on EU passenger rights is available in all official languages of the EU on the Your Europe web pages and via the EU passenger rights app.
Quote(s)
The EU is the only area in the world where passengers are protected by a full set of rights – this is something we can be proud of. With today’s guidelines we continue to support national authorities and transport operators, especially when it comes to rights of people with disabilities and persons with reduced mobility. This will in turn help citizens as today’s Eurobaromete
r shows that they are not always fully aware of their rights. Last November, the Commission proposed that providers inform passengers of their rights and address rights for multimodal journeys. I ask the Parliament and the Council to swiftly agree on these new rules on multimodal journeys to better protect Europeans, no matter how they travel.
Wopke Hoekstra, Commissioner For Climate Action and responsible for transport
Commission coordinates action by national consumer protection authorities against Meta on ‘pay or consent’ model
Today, the Consumer Protection Cooperation (CPC) Network sent a letter following concerns that Meta’s ‘pay or consent’ model might breach EU consumer law. The Commission coordinated this action which is led by the French Directorate General for Competition, Consumer Affairs and Fraud Prevention. The action started in 2023, immediately after Meta had requested consumers overnight to either subscribe to use Facebook and Instagram against a fee or to consent to Meta’s use of their p
ersonal data to be shown personalised ads, allowing Meta to make revenue out of it (‘pay or consent’).
Consumer protection authorities assessed several elements that could constitute misleading or aggressive practices, in particular whether Meta provided consumers upfront with true, clear and sufficient information. They analysed whether this information allowed consumers to understand the implications of their decision to pay or to accept the processing of their personal data for commercial purposes on their rights as consumers. In addition, CPC authorities are concerned that many consumers might have been exposed to undue pressure to choose rapidly between the two models, fearing that they would instantly lose access to their accounts and their network of contacts.
This coordinated action by the CPC network against Meta comes on top of other ongoing EU and national procedures related to the same model. Today’s action focuses specifically on the assessment of Meta’s practices under EU consumer law and is d
istinct from the ongoing investigations against the company by the Commission on its ‘pay or consent’ model potentially breaching the Digital Markets Act (DMA), the Commission’s formal request for information under the Digital Services Act (DSA), and the assessment by the Irish Data Protection Commission under the General Data Protection Regulation (GDPR).
Key elements of the action against Meta:
CPC authorities identified several practices in the context of Meta’s roll-out of its new business model that raise concern and could potentially be considered unfair and contrary to the Unfair Commercial Practices Directive (UCPD) and the Unfair Contract Terms Directive (UCTD):
Misleading consumers by using the word ‘free’ while, for users who do not want to subscribe against a fee, Meta requires them to accept that Meta can make revenue from using their personal data to show them personalised ads;
Confusing users by requiring them to navigate through different screens in the Facebook/Instagram app or web-versio
n and to click on hyperlinks directing them to different parts of the Terms of Service or Privacy Policy to find out how their preferences, personal data, and user-generated data will be used by Meta to show them personalised ads;
Using imprecise terms and language, such as ‘your info’ to refer to consumers’ ‘personal data’ or suggesting that consumers who decide to pay will not see ads at all, while they might still see ads when engaging with content shared via Facebook or Instagram by other members of the platform;
Pressurising consumers who have always used Facebook/Instagram free of charge until the new business model was introduced, and for whom Facebook/Instagram often constitute a significant part of their social lives and interactions to make an immediate choice, without giving them a pre-warning, sufficient time, and a real opportunity to assess how that choice might affect their contractual relationship with Meta, by not letting them access their accounts before making their choice.
Next Steps
M
eta has until 1 September 2024 to reply to the letter of the CPC network and the Commission and to propose solutions. If Meta does not take the necessary steps to solve the concerns raised, CPC authorities can decide to take enforcement measures, including sanctions.
Background
Cross-border enforcement cooperation under the CPC Regulation (EU) 2017/2394
The CPC Network is a network of authorities responsible for the enforcement of EU consumer protection laws. Under the Consumer Protection Cooperation Regulation, and with the coordination of the European Commission, it can take action to address cross-border issues at EU level. Moreover, within the same framework, consumer associations, such as the European Consumer Organisation (BEUC), can post alerts about emerging market threats and their information is then directly accessible by enforcement authorities.
On 30 November 2023, BEUC alerted the CPC network about potentially misleading and aggressive practices in Meta’s new subscription model. In addition,
CPC authorities from different Member States received several complaints from national organisations in this regard.
Relevant substantive consumer law provisions
Articles 5-9 of the Directive concerning unfair business-to-consumer commercial practices in the internal market prohibits unfair commercial practices in the form of misleading or aggressive actions or misleading omissions. The European Commission’s Guidance Notice on the interpretation and application of the UCPD provides further specific information about claims that can be considered to be misleading under the UCPD.
Article 3 of the Directive on unfair terms in consumer contracts prohibits contract terms that, contrary to the requirement of good faith, cause a significant imbalance in the parties’ rights and obligations arising under the contract to the detriment of the consumer. The European Commission’s Guidance Notice on the interpretation and application of the UCTD provides specific information about contract terms to be considered unfair.
On 1 March 2024, the Commission formally sent Meta a request for information under the DSA to provide more information related to the Subscription for no Ads options for Facebook and Instagram that Meta introduced for users in the EU in November 2023.
On 25 March 2024, the Commission opened proceedings against Meta to investigate whether the ‘pay or consent’ model, introduced for users in the EU in November 2023, complies with Article 5(2) of the DMA which requires gatekeepers, such as Meta, to obtain consent from users when they intend to combine users’ personal data between designated core platform services and other services. On 1 July 2024, the Commission sent its preliminary findings to Meta, informing them that their ‘pay or consent’ advertising model fails to comply with DMA.
For More Information
Social media and search engines – European Commission
More information on the consumer enforcement actions
Unfair commercial practices directive
Consumer Protection Cooperation Network
Quote(s)
We will
not stand by and watch some sneaky practices that mislead consumers. We are proud of our strong consumer protection laws which empower Europeans to have the right to be accurately informed about changes such as the one proposed by Meta. In the EU, consumers are able to make truly informed choices and we now take action to safeguard this right.
Vera Jourová, Vice-President for Values and Transparency
Consumers must not be lured into believing that they would either pay and not be shown any ads anymore, or receive a service for free, when, instead, they would agree that the company used their personal data to make revenue with ads. EU consumer protection law is clear in this respect. Traders must inform consumers upfront and in a fully transparent manner on how they use their personal data. This is a fundamental right that we will protect.
Didier Reynders, Commissioner for Justice
Commission accepts commitments by Vifor to address possible anticompetitive disparagement of iron medicine
The European Commiss
ion has made commitments offered by Vifor legally binding under EU antitrust rules. The commitments address the Commission’s competition concerns relating to Vifor’s potential disparagement of Monofer, the closest – and potentially only – competitor of Vifor’s flagship intravenous iron medicine in Europe, Ferinject.
The Commission’s preliminary concerns
The Commission preliminarily found that Vifor may be dominant in several national markets for the provision of intravenous iron medicines, namely in Austria, Finland, Germany, Ireland, Portugal, Romania, Spain, Sweden and the Netherlands.
The Commission is concerned that for many years, Vifor may have restricted competition in the above markets for intravenous iron treatment by disseminating potentially misleading information about the safety of Monofer, an iron deficiency treatment marketed by Vifor’s closest competitor in Europe, Pharmacosmos. Vifor’s messages, primarily targeting healthcare professionals, may have unduly hindered Monofer’s uptake in the
European Economic Area (‘EEA’). They appear to be aimed at shielding Vifor’s own blockbuster high-dose intravenous iron treatment medicine, Ferinject, from competition.
The Commission’s preliminary view is that Vifor’s conduct may have restricted competition in the market for intravenous iron treatment and potentially amount to an abuse of dominant position, in breach of Article 102 of the Treaty on the Functioning of the European Union (‘TFEU’).
The commitments
To address the Commission’s preliminary concerns, Vifor offered certain commitments. Between 22 April and 22 May 2024, the Commission market tested those commitments and consulted all interested third parties to verify whether the commitments would remove its competition concerns. In light of the outcome of this market test, Vifor adjusted the initially proposed commitments and offered the following:
To launch a comprehensive and multi-channel communication campaign to rectify and undo the effects of the potentially misleading messages previously
disseminated by Vifor regarding the safety of Monofer. In particular, Vifor commits to: (i) disseminate via email, mail and in-person meetings a succinct and factual clarificatory communication to a significant number of healthcare professionals in the nine Member States where the Commission preliminarily found Vifor may be dominant; (ii) to publish such communication prominently on its website; (iii) to publish such communication in leading medical journals in each of the Member States concerned; and (iv) to allow third parties, including Pharmacosmos, to use such communication when contacting healthcare professionals.
Not to engage in external promotional and medical communications, in writing or orally, about Monofer’s safety profile using information that is neither based on Monofer’s label nor derived from clinical trials specifically designed to compare Ferinject and Monofer across the entire EEA.
To implement a number of measures and safeguards to ensure compliance, including internal mechanisms to e
nsure that all relevant external promotional and medical communications as well as internal training materials are in line with the commitments prior to their use, as well as annual internal trainings of staff and a system of certification of compliance.
The Commission concluded that Vifor’s final commitments would address its competition concerns over Vifor’s potential disparagement of Monofer. It therefore decided to make them legally binding on Vifor.
The implementation of the commitments offered by Vifor will be monitored by a monitoring trustee appointed by Vifor and will last for a period of 10 years.
Background
Iron helps producing healthy red blood cells that move oxygen across the body. Iron deficiency is quite common, especially among women and persons suffering from chronic inflammatory diseases, cancers and blood losses (for example, after an accident or during surgery). In severe cases, iron deficiency can cause serious complications, such as heart failures, lung problems, pregnancy complicat
ions, as well as poor cognitive and motor development in children. It is a major cause of morbidity and mortality worldwide.
Vifor Pharma’s Ferinject and Pharmacosmos’ Monofer high-dose intravenous iron medicines are indicated for the treatment of iron deficiency when, for instance, oral preparations are ineffective or cannot be used.
Vifor is a global pharmaceutical company part of the biotechnology group CSL that develops, manufactures and markets worldwide pharmaceutical products to treat iron deficiency, nephrology and cardio-renal therapies. Pharmacosmos, a Danish family-owned specialist pharmaceutical company, focuses on the treatment of iron deficiency conditions.
The Commission opened a formal antitrust investigation into Vifor’s behaviour in June 2022, following a complaint filed with the Commission by Pharmacosmos. In February 2024, Vifor and Pharmacosmos reached a confidential commercial settlement agreement on this matter, which was taken into consideration by the Commission in its decision to
explore the commitments procedure in this case. In April 2024, the Commission adopted a Preliminary Assessment summarising the main facts of the case and identifying the preliminary competition concerns.
Article 102 of the TFEU, which can also be applied by the national competition authorities, prohibits the abuse of a dominant position that may affect trade within the EU and prevent or restrict competition. The implementation of this provision is defined in Regulation No 1/2003.
Article 9(1) of Regulation 1/2003 enables companies investigated by the Commission to offer commitments in order to meet the Commission’s concerns and empowers the Commission to adopt a decision to make such commitments binding on the companies. Article 27(4) of Regulation 1/2003 requires that before adopting such decision the Commission shall provide interested third parties with an opportunity to comment on the offered commitments.
If the market test indicates that the commitments are a satisfactory way of addressing the Commiss
ion’s competition concerns, the Commission may adopt a decision making the commitments legally binding on the company concerned. Such a decision would not conclude that there is an infringement of EU antitrust rules but would legally bind the company to comply with the commitments it has offered.
If the company concerned does not honour such commitments, the Commission may impose a fine of up to 10% of its total annual turnover, without having to find an infringement of EU antitrust rules, or a periodic penalty payment of 5% per day of its daily turnover for every day of non-compliance.
This is the Commission’s second investigation into potential abuses relating to exclusionary disparagement of competing products in the pharmaceutical industry. In October 2022, the Commission sent a Statement of Objections to Teva over misuse of the patent system and disparagement of a competing multiple sclerosis medicine with a view to hinder its market entry and uptake.
For More Information
More information, including
the full text of today’s decision and the full version of the commitments will be available on the Commission’s competition website, in the public case register under the case number AT.40577.
Quote(s)
Iron deficiency is a condition affecting millions of people across Europe. Access to safe, effective, and affordable medicines is therefore essential. Vifor has committed to undo the effects of its potentially misleading communications on the safety of the closest competing medicine for intravenous iron treatment. Today’s decision makes these commitments legally binding on Vifor and re-establishes a level playing field to the benefit of consumers.
Margrethe Vestager, Executive Vice-President in charge of competition policy
EU and Serbia sign strategic partnership on sustainable raw materials, battery value chains and electric vehicles
Today, the EU and the Republic of Serbia have signed a Memorandum of Understanding (MoU) launching a Strategic Partnership on sustainable raw materials, battery value chains
and electric vehicles.
The Partnership aims to support the development of new local industries and high-quality jobs along the electric vehicle value chain in full respect of high environmental and social standards while addressing the concerns of local communities with full transparency.
The Partnership also provides the framework for a strong public-private multi-level engagement between the EU institutions and bodies, industrial actors, business associations, social partners, representatives of civil society, relevant ministries of interested Member States and Serbia, public organisations, financial institutions, and investors.
Executive Vice-President for the European Green Deal, Interinstitutional Relations and Foresight of the European Commission, Maroš Šefcovic, signed the MoU with the Minister of Mining and Energy of the Republic of Serbia, Dubravka Ðedovic Handanovic. The signing ceremony took place during the High-Level Summit on critical raw materials in Belgrade.
The Partnership builds on the
Stabilisation and Association Agreement (‘SAA’) entered into force on 1 September 2013 and is in line with EU’s New Growth plan for the Western Balkans. It represents a building bloc in advancing Serbia’s integration within the EU’s single market, and further boosting its economic, social and environmental convergence with the EU.
Five areas of cooperation
This MoU, in accordance with the SAA, establishes close cooperation between Serbia and the EU in the following five areas:
Enhance the development of value chains for raw materials, batteries and EVs, by facilitating close cooperation between EU and Serbian industrial actors and stakeholders. The MoU will encourage the development of a mutually beneficial pipeline of projects with special focus on the EV industrial ecosystem.
Cooperation on research and innovation (R and I), by mapping the existing cooperation areas under EU Horizon Europe R and I framework programme and other schemes. On the basis of the MoU, both parties will share knowledge and techn
ologies related to sustainable exploration, extraction, processing and recycling of secondary raw materials.
Application of high environmental, social and governance standards and practices will be facilitated through mutual consultation and exchange of information on relevant policies and initiatives along the entire value chains, including through the application of increased due diligence and traceability for the battery value chain.
Mobilisation of financial and investment instruments to support investment projects under the Partnership, notably through Invest EU, the Western Balkans Investment Framework and a Single Project Pipeline in Serbia as well as under the European Raw Materials Alliance and European Battery Alliance.
Developing necessary skills for high-quality jobs in raw materials and battery sectors. This includes participation of Serbian organisations in European Battery and upcoming Raw Materials Academies, including possible Serbian contribution with dedicated programmes and internships.
Next Steps
Following the signature of the MoU, the EU and the Republic of Serbia will jointly develop within six months a roadmap with concrete actions to put the Strategic Partnership into practice.
Background
The EU has a well-established and growing market for green technologies, like batteries, that offers many opportunities for offtake agreements, joint ventures and joint R and I projects. The Partnership will support developing sustainable supply chains between both sides and enable furthering environmental, social and governance standards and exchange of knowledge on raw materials.
With critical raw materials being an essential prerequisite for delivering on the green and digital transitions, the Commission has started to build a series of Partnerships on raw materials, following the Action Plan on Critical Raw Materials and the Critical Raw Materials Act. Such agreements were signed with Canada and Ukraine in 2021, with Kazakhstan and Namibia in 2022, with Argentina, Chile, Zambia, the Democratic
Republic of the Congo and Greenland in 2023, and with Rwanda, Norway, Uzbekistan and Australia in 2024.
The Critical Raw Materials Act aims to ensure the EU’s secure and sustainable supply of critical raw materials. The Act supports the development of projects contributing to build strategic raw materials capacities across all value chain stages, both within and outside of the EU.
For More Information
Memorandum of Understanding
European Commission on Strategic Partnerships on Raw Materials
Raw materials diplomacy
Quote(s)
The Memorandum of Understanding between the EU and Serbia on sustainable raw materials, battery value chains, and electric vehicles is a testament to our shared commitment to driving forward the green transition. Through strategic collaboration in these key sectors, we unlock immense potential for sustainable growth and innovation, while also enhancing Serbia’s integration with the EU’s single market and further boosting its economic, social and environmental convergence with the EU.
Maroš Šefcovic, Executive Vice-President for European Green Deal, Interinstitutional Relations and Foresight
The signature of the Memorandum of Understanding between the EU and Serbia on sustainable raw materials, battery value chains, and electric vehicles lays an important foundation for Serbia’s deepened integration into EU’s green technology supply chains, supporting the key objectives of the EU’s New Growth Plan for the Western Balkans. Our cooperation will create new job opportunities in industrial sectors that are crucial for the future, have added value in developing processing and battery manufacturing, and have substantial economic benefits. It also reaffirms Serbia’s EU path. Based on shared values, the EU perspective offers to transform societies and economies in a comprehensive and sustainable way to build long-term prosperity and resilience.
Olivér Várhelyi, Commissioner for Neighbourhood and Enlargement
The European Union becomes a fully-fledged participant of the Register of Damage for Ukra
ine
The Commission welcomes today’s adoption by the Council of the decision to change the Union’s status in the Register of Damage for Ukraine, from Associate Member to Participant. The Register of Damage serves as a record of evidence and information on claims for damages, losses or injuries caused by Russia’s war of aggression against Ukraine. It aims to ensure full and effective reparation for Ukraine and its people. The Register was established by the Council of Europe on 12 May 2023, with the 43 States and the EU joining so far, including 26 EU Member States.
On 30 May 2024, the Commission proposed to the Council to change the Union’s status to further strengthen the Union’s commitment to the activities of the Register. By becoming a fully-fledged participant, the Union keeps up and strengthens its commitment to ensure that all violations of international law committed by Russia will be duly compensated. The change of status also contributes to the financial stability of the Register as the Union commi
ts to providing a mandatory annual financial contribution.
Commissioner for Justice, Didier Reynders, said: ‘Russia must pay for the damage caused by its aggression against Ukraine. The Register of Damage constitutes an important step in that direction, by securely recording evidence and information on claims for damages, losses or injury suffered by Ukrainians for future adjudication and compensation. I welcome today’s decision that confirms and steps up the EU’s strong support to this mechanism.’
As of April 2024, the first claims related to damage or destruction of residential property started to be registered, with an expected total of 300,000 to 600,000 claims in this category. By August, twelve additional categories of claims will be open for submission, including those from individuals most affected by the war, and claims related to the damage or destruction of Ukraine’s critical infrastructure.
More information on the Register of Damage for Ukraine can be found online.
(For more information: Chris
tian Wigand – Tel.: + 32 2 296 22 53; Jördis Ferroli – Tel.: +32 2 299 27 29)
Commissioners Gentiloni and Urpilainen attend the G20 meetings in Rio de Janeiro
From today and until Friday, Commissioner for Economy, Paolo Gentiloni, and Commissioner for International Partnerships, Jutta Urpilainen, will attend the meetings of the G20 and side events in Rio de Janeiro, Brazil.
On 22 and 23 July 2024, Commissioner Urpilainen will participate in the G20 Development Ministerial Meeting. She will notably highlight how Global Gateway contributes towards inequality and poverty reduction objectives. The Commissioner will participate today in the opening of the IV Brazil-European Union Forum, organised by the Euroamerica Foundation and the Commission´s Directorate General for International Partnerships (DG INTPA), where she will announce the EU’s contribution to the Amazon Fund together with Aloizio Mercadante, President of the Brazilian Development Bank. Additionally, Commissioner Urpilainen will meet representative
s of the civil society and members of the ‘Youth Sounding Board’ in Brazil, and visit a human development project run by the youth organisation ‘Associação Bem TV’. Furthermore, the Commissioner will participate in the Global Alliance against Hunger and Poverty Task Force Ministerial Meeting, which will take place on Wednesday.
For his part, Commissioner Gentiloni will attend on Wednesday the G7 Finance Ministers and Central Bank Governors Meeting. From 25 to 26 July he will participate in the G20 Finance Ministers and Central Bank Governors Meeting. The meeting will bring together finance ministers and central bank governors from the world’s leading economies to discuss key global economic issues. On Thursday, 25 July, Commissioner Gentiloni will engage in discussions on the global economic outlook, financial sector issues, and international taxation cooperation. On Friday, 26 July, he will participate in sessions on financing climate goals and sustainable development, as well as reforming multilateral deve
lopment banks.
Audiovisual coverage will be available on EbS.
(For more information: Veerle Nuyts – Tel.: +32 229 96302; Ana Pisonero – Tel.: +32 2 295 43 20)
The European Commission is committed to personal data protection. Any personal data is processed in line with Regulation (EC) 2018/1725. All personal information processed by the Directorate-General for Communication / European Commission Representations is treated accordingly. If you do not work for a media organisation, you are welcome to contact the EU through Europe Direct in writing or by calling 00 800 6 7 8 9 10 11.
Source: Cyprus News Agency