TRAN - Study Guide

EUropa.S. 2019

April 19th-22nd | University of Piraeus Organized by: Institute of Research & Training on European Affairs

EUropa.S. 2019 European Parliament TRAN Committee

Study Guide Topic: Passengers’ rights in the era of security threats; challenges and dilemmas for the EU

EUropa.S. 2019 EP- TRAN, “Passengers’ rights in the era of security threats; challenges and dilemmas for the EU“ Study Guide

Table of Contents Table of Contents _____________________________________________________ 2 Greeting of the Board __________________________________________________ 3 Introduction to TRAN Committee _________________________________________ 4 Introduction of the Topic _______________________________________________ 5 Legal Framework ______________________________________________________ 5 Passengers’ rights ___________________________________________________ 5 Security ___________________________________________________________ 8 Air transportation ____________________________________________________ 10 Aviation Security policy ______________________________________________ 11 Maritime Transportation ______________________________________________ 13 EU’s Maritime Security Policy _________________________________________ 14 EU’s Maritime Security Strategy (EUMSS) _______________________________ 14 Rail Transportation ___________________________________________________ 16 Rail Transport Security and the Stakeholder Consultation Strategy ___________ 16 Road Transportation __________________________________________________ 18 Security Threats _____________________________________________________ 19 Challenges __________________________________________________________ 21 European Political Parties ______________________________________________ 21 Conclusions _________________________________________________________ 24 Questions Raised_____________________________________________________ 24 Bibliography ________________________________________________________ 24 Further Reading _____________________________________________________ 30 Useful Links _________________________________________________________ 31

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EUropa.S. 2019 EP- TRAN, “Passengers’ rights in the era of security threats; challenges and dilemmas for the EU“ Study Guide

Greeting of the Board Distinguished Members of the European Parliament, It is our great pleasure to officially welcome you to EUropa.S. 2019 and in the Committee on Tourism and Transport (TRAN) of the European Parliament, where we have the honor to serve as Board Members. We are sure that we will have a unique experience and a great time.

Our agenda item consists of a very controversial issue, the issue of “Passengers’ rights in the era of security threats: challenges and dilemmas for the EU”. As new security challenges emerge every day, it is of utmost importance to ensure that mobility inside and outside the EU remains safe for everyone without jeopardizing the balance between security measures and passenger rights, which under no circumstances should be overlooked. As free movement of individuals between its Member-States is one of the core principles of the EU, it is vital that no obstacles shall prevent EU citizens from enjoying that privilege.

We hope that this study guide will facilitate your understanding of the topic. Of course, this document will only be the starting point of your research and, hopefully, will motivate you to conduct further research. We are looking forward to meeting all of you in person. Should you have any inquiries regarding the topic or the Rules of Procedure, we remain at your disposal.

Kind Regards, The Board of TRAN Committee

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EUropa.S. 2019 EP- TRAN, “Passengers’ rights in the era of security threats; challenges and dilemmas for the EU“ Study Guide

Introduction to TRAN Committee The European Parliament is a directly elected body of the European Union, consisting of 751 Members (MEPs). It has legislative (along with the European Commission and the Council of EU), supervisory and budgetary responsibilities. In order to facilitate its legislative work, the Parliament has 20 committees and 2 subcommittees that are responsible for a specific policy area1. The Committee on Transport and Tourism (TRAN), one of the standing committees of the European Parliament, is responsible for issues concerning all forms of transport within the European Union, as well as postal services and tourism.

TRAN committee is responsible for promoting the development of trans-European networks in the sector of infrastructure. At the same time, the committee discusses issues such as, transport services, relations with third countries, international bodies and organizations in the transportation sector2. TRAN is committed to facilitating every day transport for all EU citizens, while transport safety is one of its main goals.

The committee is also concerned with reducing pollution created by the transport and tourism sector and is actively involved in finding a response to social dumping.

Last but not least, TRAN is interested in keeping up with technologic innovations and ensuring that they will not pose a threat to safety and consumers’, workers’ and passengers’ rights3.

1

European Union, 2018, European Parliament (Online). Available at: https://europa.eu/europeanunion/about-eu/institutions-bodies/european-parliament_en#what-does-the-parliament-do?

[Accessed 9 December 2018] 2 European Parliament, 2018, Rules of Procedure of the European Parliament- TRAN Committee (Online). Available at: http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+RULESEP+20180731+RESP-TRAN+DOC+XML+V0//EN[Accessed 9 December 2018].

3 European Parliament, 2018, TRAN committee (Online).

Available at: http://www.europarl.europa.eu/committees/en/tran/home.html[Accessed 9 December 2018] EUropa.S. 2019, April 19th-22nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 4

EUropa.S. 2019 EP- TRAN, “Passengers’ rights in the era of security threats; challenges and dilemmas for the EU“ Study Guide

Introduction of the Topic One of the European Union’s initiatives that makes it stand out is the right of free movement of people, which ameliorates its citizens’ transportation within the European borders. This free movement of people results in further rights and privileges that allow them to move freely and easily. That being said, passengers within the EU enjoy a great variety of rights that facilitate their transportation and ensure restoring their damage in case the trip does not go as planned. At the same time, security measures concerning transportation are set, in order to decrease possible incidents that might occur. However, it is evident that new security threats emerge every day, such as terrorist attacks in means of transportation, stations, ports and airport terminals, hijacking and illegal migration. In many cases the already existing mechanisms have proven to be inefficient, while such incidents are used as an excuse for major rights’ violations from stakeholders. It remains to be seen how the EU will adapt to the new security threats emerging every day without violating fundamental passengers’ rights.

Legal Framework Passengers’ rights Free movement of persons within the European Union is one of the cornerstones upon which the EU was built and plays a key role in shaping EU policies. It is clearly stated, in Article 3 of the Treaty on the European Union that “The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime”4. Moreover, in Article 21, paragraph 15 of the Treaty on the Functioning of the European Union is stated that the EU ensures the free movement and residence of EU citizens within the Member-States, with due respect to the Treaties. Hence, passengers in the European Union enjoy freedom of movement with fewer limitations than other parts of the world.

The achievement and upholding of passenger rights has been one of the most important accomplishments of the European transport policy, making the EU a global innovator. The European Union’s legislation provides a detailed framework 4

EUR-Lex, 2018. Treaty on the European Union. (Online). Available at: https://eurlex.europa.eu/resource.html?uri=cellar:2bf140bf-a3f8-4ab2-b506fd71826e6da6.0023.02/DOC_1&format=PDF[Accessed 9 December 2018] 5 EUR-Lex, 2018. Treaty on the Functioning of the European Union (Online). Available at:https://eurlex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:12012E/TXT&from=EN[Accessed 30 November 2018] EUropa.S. 2019, April 19th-22nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 5

EUropa.S. 2019 EP- TRAN, “Passengers’ rights in the era of security threats; challenges and dilemmas for the EU“ Study Guide concerning each form of transport with some differences related to the special requirements the different means may have. At the same time, the contribution of the European Commission to the coordination of efforts and monitoring of progress has been crucial.

In 2011, the Commission provided the European Parliament and the European Council with a Communication under the title of “A European vision for Passengers: Communication on Passenger Rights in all transport modes” 6 (COM (2011)898), which provided the EU with a review of the legislation concerning the issue until that point and declared the cornerstones of passenger rights: a.

Non discrimination b.

Accurate, timely and accessible information, and c.

Immediate and proportionate assistance The Commission embodied those main principles in ten general rights, which form the core of passenger rights applying to all means of transport, the following:

European Commission- Mobility and Transport. 2018. Transport Infographics. Available at: https://ec.europa.eu/transport/facts-fundings/infographics/zero-to-ten_en

In order to meet the requirements of this year’s agenda, the study guide will focus on the right to non-discrimination, the right to information, the right to renounce travelling when the trip is disrupted, and the right to compensation.

6

EUR-Lex, 2008. Communication from the Commission to the European Parliament and the Council: A European vision for Passengers: Communication on Passenger Rights in all transport modes(Online).

Available at:https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:52011DC0898[Accessed 30 November 2018] EUropa.S. 2019, April 19th-22nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 6

EUropa.S. 2019 EP- TRAN, “Passengers’ rights in the era of security threats; challenges and dilemmas for the EU“ Study Guide The right to non-discrimination The right to non-discrimination in access to transport prohibits all types of discrimination based on nationality, with the practical discrimination form of denied boarding, and discrimination based on mobility limitations or disability. According to Article 18 of the Treaty on the Functioning of the European Union,7 discrimination based on nationality is strictly prohibited. Access to transport shall not be denied to anybody on grounds of nationality or based to the place of residence. This was first introduced in Regulation (EC) No 1008/20088 about air transport and has been also applied to all other forms of transport. In simple words, no one shall have their rights violated because of their citizenship. A natural outcome is the denial of boarding, which is usually the case in air transport (for more information see Air transportation sector). Last but not least, passengers with mobility limitations shall under no circumstances be denied travelling, with the only exception being their own personal safety.

The right to information Passengers shall have all the necessary information both before and during their journey. Before the trip, they shall be informed about their rights concerning quality standards and all the details of the transport contract before purchasing their ticket.

During the trip, they are entitled to be fully aware of any disruption that may come up within reasonable time. Timely and accurate information has many advantages, such as decreasing of the costs and time required for rescheduling or re-routing the trip and improving trust between passengers and carriers.

The right to compensation In case some kind of inconvenience has occurred during the journey, travelers have the right to be compensated, as a relief to their discomfort. Even though a system of shared responsibility is in force, it has been poorly applied so far. However, in cases of extraordinary circumstances, meaning that the inconvenience could not be predicted or avoided in any way, air and waterborne carriers may not be liable to compensate, which might also apply to bus operators when they have effectively offered the choice of compensation or re-routing and rail services when the disruption is caused by a passenger, a third party or unpredictable circumstances.

Passengers have to be confident that they will receive their compensation as soon as it is proven that no extraordinary circumstances apply to their case.

7

EUR-Lex, 2018. Treaty on the Functioning of the European Union (Online). Available at:https://eurlex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:12012E/TXT&from=EN[Accessed 30 November 2018] 8 EUR-Lex, 2008, EU Regulation on Common Rules for the operation of air services ( Online). Available at:https://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:293:0003:0020:EN:PDF[Accessed 9 December 2018] EUropa.S. 2019, April 19th-22nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 7

EUropa.S. 2019 EP- TRAN, “Passengers’ rights in the era of security threats; challenges and dilemmas for the EU“ Study Guide The European Union provides a variety of legislation concerning the different forms of transport. The following table depicts a short presentation of the most significant initiatives of EU legislation for all different means of transport.

LEGISLATION SHORT DESCRIPTION Regulation (EC) No. 261/2004 EU Regulation on Air Passenger Rights Interpretative Guidelines on European Commission Interpretive Regulation (EC) No. 261/2004 Guidelines on air passenger rights (2016/C 214/04) Regulation (EC) No. 1008/2008 EU Regulation on common rules for the operation of air services Regulation (EC) No. 889/2002 EU Regulation on air carrier liability in respect of the carriage of passengers and their baggage Regulation (EC) No. 1371/2007 Rail passenger rights Regulation (EU) No. 181/2011 Rights of passengers in bus and coach transport Regulation (EC) No. 392/2009 Liability of carriers of passengers by sea in the event of accidents Regulation (EU) No. 1177/2010 Rights of passengers travelling by sea and inland waterway

Security When travelling, individuals shall under no circumstances have their life or physical integrity jeopardized. Ensuring transport security is a crucial matter not only for the TRAN committee, but for the European Union as a whole, especially in the light of contemporary security threats. To this direction, legislative measures have been taken for each means of transport so as to prevent such events and ensure passengers’ safety.

As far as air security9 is concerned, common rules for safeguarding civil aviation are considered to be a necessity. The main legal instrument of the EU towards achieving this goal is Regulation (EC) No. 300/200810on common rules in the field of civil aviation security. Complying with international standards, it applies to all nonmilitary EU airports and provides common standards, as well as setting requirements for third countries and enforcing cooperation with International Civil Aviation 9

European Commission-Mobility and Transport,2018. Air Security.[Online] Available at: https://ec.europa.eu/transport/modes/air/security/legislation_en[Accessed 9 December 2018] 10 EUR-Lex, 2008, Regulation on common rules in the field of civil aviation security(Online). Available at: https://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:097:0072:0084:EN:PDF[Accessed 9 December 2018] EUropa.S. 2019, April 19th-22nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 8

EUropa.S. 2019 EP- TRAN, “Passengers’ rights in the era of security threats; challenges and dilemmas for the EU“ Study Guide Organization (ICAO). Apart from that, there is a number of additional legislative measures that complete civil aviation security modifying this basic regulation, including many Commission Regulations, such as Commission Regulation (EC) No. 272/2009, 11 concerning modifications on Regulation 300/2008 and Commission Regulation (EU) No. 1254/200912, setting criteria under which Member-States can derogate from basic standards and adopt alternative security measures.

As far as land transport security13 is concerned, there is currently no EU legislation addressing the topic. The European Commission has tried to draw EU’s attention to the issue by adopting a “Staff Working Document on Transport Security” 14 underlining the problem and offering some suggestion. Due to the different risks and threats and the diversity of needs, it is almost impossible to include efficient measures for all land transportation in a common set of rules. It is therefore more practical to work on a sector-by-sector basis. Considering the intimidating number of security incidents in land transport in the past years, the need for an effective legal framework is imperative.

Finally, the main maritime security legislation15 of the EU consists of three main legal instruments: Regulation (EC) No. 725/200416 on enhancing ship and port facility security, Directive 2005/65/EC 17 on enhancing port security and Commission Regulation (EC) No. 324/2008 18 on procedures for conducting Commission inspections in the field of maritime security. The first text aims to the 11

EUR-Lex, 2009, Commission Regulation supplementing the common basic standards on civil aviation security (Online).

Available at:https://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:091:0007:0013:EN:PDF[Accessed 9 December 2018] 12 EUR-Lex, 2009, Regulation setting criteria to allow Member-States to derogate from the common basic standards on civil aviation security and to adopt alternative security measures (Online). Available at: https://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:338:0017:0017:EN:PDF[Accessed 9 December 2018] 13 European Commission – Mobility and Transport, 2018, Land Security. (Online). Available at: https://ec.europa.eu/transport/themes/security/land_security_en[Accessed 30 November 2018] 14 European Commission, (2012).Commission Staff Working Document on Transport Security (Online).

Available at: https://ec.europa.eu/transport/sites/transport/files/2012-05-31-swd-transportsecurity.pdf [Accessed 30 November 2018] 15 European Commission, (2018]. EU Legislation on Maritime Security. (Online). Available at: https://ec.europa.eu/transport/sites/transport/files/modes/maritime/security/doc/legislation_mariti me_security.pdf[Accessed 30 November 2018] 16 EUR-Lex, (2007), Regulation on enhancing ship and port facility security (Online). Available at: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0725&rid=7[Accessed 9 December 2018] 17 EUR-Lex, 2005, Regulation on enhancing port security (Online). Available at: https://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:310:0028:0039:EN:PDF[Accessed 9 December 2018] 18 EUR-Lex, 2008, Regulation laying down revised procedures for conducting Commission inspections in the field of Maritime Security. (Online). Available at: https://eur-lex.europa.eu/legalcontent/EN/TXT/PDF/?uri=CELEX:32008R0324&from=GA[Accessed 9 December 2018] EUropa.S. 2019, April 19th-22nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 9

EUropa.S. 2019 EP- TRAN, “Passengers’ rights in the era of security threats; challenges and dilemmas for the EU“ Study Guide implementation of preventive security measures against unlawful acts that take place at sea, while harmonizing EU efforts with those of the International Maritime Organization (IMO). The Directive completes the aforementioned Regulation by expanding security in the area of all EU ports. Lastly, the Commission Regulation is about monitoring the effectiveness of national port and maritime security issues with the participation of the European Maritime Safety Agency (EMSA) and the assistance of Maritime Security Committee (MARSEC).

Air transportation Air transportation has been of great significance not only for developing tourism in the continent but also for facilitating transport all over the EU, in accordance with the principal of free movement as described in Article 3 of the Treaty on the European Union and Article 21 of the Treaty on the Functioning of the European Union. The single market has provided passengers with numerous benefits, including lower fares and the right to choose among a great variety of carriers and services.

Even though considered one of the safest means of transport, its nature calls for specific security measures so as to ensure passenger safety on board. Consequently, civil aviation has been regulated in detail in EU legislation, being the template for regulating the other means of transport. As a result, the security measures taken are stricter when travelling in the air than travelling by any other mean of transport. At the same time, passenger rights are to be carefully interpreted so as to ensure that they are not sacrificed on the altar of security.

Passenger rights when travelling by airplane do not apply only on the Member-States of EU, but also in Iceland, Norway and Switzerland. Application of those rights can be found in the following cases: Departure from: Arrival in: Airline : EU member state EU member state EU and non-EU airline Outside EU EU member state EU airline EU member state Non-EU member state EU and non-EU airline That been said, the study guide will focus on the different flight issues that might occur, as well as passenger rights in each occasion19.

Cancelled flight When the original flight is cancelled and the passenger is moved to another flight, or when the flight took off but had to return to the departure airport and the passenger is moved to another flight, or when the flight arrives to another airport rather than the one scheduled, the cancellation regime applies. In such cases, passengers are 19

Europa, 2018, Air Passenger Rights.

(Online).

Available https://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_en.htm[Accessed November 2018]

at: 30

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EUropa.S. 2019 EP- TRAN, “Passengers’ rights in the era of security threats; challenges and dilemmas for the EU“ Study Guide entitled to reimbursement, re-routing or return to their trip’s starting point, as well as care (e.g. meals, accommodation etc.) and compensation. However, if cancellation is due to extraordinary circumstances or if the passenger is informed two weeks prior to the departure, passengers are entitled no compensation. The same happens if the passenger accepted re-routing from the airport to their destination or the different airport is in the same city, district or region with the original destination airport. 20 Delay In cases of a delayed departure, passengers have the right to reimbursement, assistance and a return flight to the initial point of their trip, depending on the flight distance and the duration of the delay, while if the flight delays for more than 3 hours, they are entitled to compensation, unless the delay was a result of extraordinary circumstances.21 Denied boarding - Overbooking A passenger may be rightfully denied boarding for safety, security or health reasons, for lacking the necessary travel documents, for not taking some of the other flights included in the same reservation or for lacking the necessary documents for pets travelling with them. If none of the above is the case and the passengers are denied boarding due to overbooking or for operational reasons, they are entitled to compensation, assistance and the right to choose between reimbursement, rerouting or rebooking. The same rights apply in cases of an overbooked flight, while in both cases passengers have the right to voluntarily give up their seat.

It is self-evident that the general guidelines concerning passenger rights also apply in air transport. Therefore, air passengers have the right not to be discriminated, to be timely informed about any incidents concerning their flight and be granted immediate assistance.22

Aviation Security policy Prior to 2001, there was no common aviation security regulation at EU level and such issues were regulated by each state’s national legislation. The attack on World trade Center in September 2001 stressed out the significance of a common framework concerning air security. To this direction, the Commission has established since 2002 common rules related to protecting persons and goods from unlawful acts on air.

Regulation (EC) N° 2320/2002 was replaced by Regulation (EC) N° 300/2008, developing the legal instrument that allows the EU to ensure passenger security while balancing travel comfort, private data protection and operational factors. EU, 20

Ibid Ibid 22 Flightrights, 2018, Denied Boarding. (Online). Available at: https://www.flightrights.ie/passengerrights/denied-boarding.83.html[Accessed 30 November 2018] 21

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EUropa.S. 2019 EP- TRAN, “Passengers’ rights in the era of security threats; challenges and dilemmas for the EU“ Study Guide Member-States and various stakeholders have been cooperating in order to further develop an efficient EU aviation security strategy through: a. Authorizing the general use of security scanners at airports b. Replacing the ban on liquids with security screening procedures c. Improving EU bound cargo and mail security departing outside the EU d. Improving transparency and ensuring cost-relatedness and nondiscrimination when levying charges at the airports.23 Regulation (EC) N° 300/2008 not only has set the basic standards for civil aviation security but also has set up procedures to monitor the implementation of the measures taken. Basic standards include:  Screening of passengers, cabin baggage and hold baggage  Airport security  Aircraft security  Screening of airport supplies 24  Staff recruitment and training Additionally, Member-States are obliged to designate a single authority responsible for aviation security, as well as setting national civil aviation security and control programs. The Regulation also includes obligations for operators, who must design and implement airport security and air carriers’ security programs. The common aviation security regime is based on coordination among the Member-States, EU bodies and stakeholders, while the Commission participates actively in all related activities of the International Civil Aviation Organization (ICAO). Furthermore, in order to ensure that EU skies are safe, a list of banned airlines from EU skies is created, with the goal to notjeopardize human lives with carriers that do not meet security requirements.25 It is possible for issues to occur as far as security screening and passenger rights are concerned. Various screening methods are used so as to ensure that passengers do not carry dangerous items that could jeopardize others, with the most common one being the use of security scanners.26 In order to find the golden line between security and passenger rights, the “Commission Implementing Regulation (EU)

23

European Commission – Mobility and Transport, 2018. Aviation Security. (Online). Available at: https://ec.europa.eu/transport/modes/air/security/aviation-security-policy_en[Accessed 30 November 2018] 24 European Commission- Mobility and transport, 2018. Aviation Security (Online). Available at:https://ec.europa.eu/transport/modes/air/security_en[Accessed 30 November 2018] 25

Ibid European Commission – Mobility and Transport, 2018. Security Scanners. (Online). Available at: https://ec.europa.eu/transport/modes/air/security/aviation-security-policy/scanners_en[Accessed 30 November 2018] 26

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EUropa.S. 2019 EP- TRAN, “Passengers’ rights in the era of security threats; challenges and dilemmas for the EU“ Study Guide 27 2015/1998” has been adopted concerning security scanners. The use of security scanners is optional, however when used in EU airports minimum standards apply.

Specifically, scanners using radiation harmful for health cannot be used, while the image taken shall under no circumstances be stored, retrieved or copied. The human reviewer of the image shall be in a different location and precautions must be taken so as to ensure that the reviewer does not know the passenger’s identity. On the other hand, the passenger has the right to select the gender of their reviewers, as well as opting out from the security scanner and choosing an alternative screening method, such as hand search. Last but not least, passengers shall be informed about the technology used during this process. 28 Another initiative towards achieving security that could challenge human rights implementation is Passenger Name Record (PNR)29, which contains all data collected by air carriers concerning their passengers. PNR is considered an important tool in the fight against terrorism and criminality, however respect towards private life is fundamental. On 2016, the PNR directive was adopted (Directive (EU) 2016/681), which obliges carriers to transfer such data to Member-States. At the same time, EU Member-States have to establish specific entities called Passenger Information Units for storage and processing PNR data. The Directive also safeguards data by limiting processing them only for the fight against terrorism. Additionally, those data have to be deleted after 5 years and processing them must under no circumstances reveal a person’s race, nationality or other sensitive information. Last but not least, a national independent authority oversights processing of these data and subjects have the right to access, erase and restrict their data, as well as a right to be compensated and to have judicial redress.30

Maritime Transportation Europe is a continent surrounded mostly by sea and rivers. Europeans acknowledged this advantage they had and exploited it by creating waterways that enabled them to trade with other countries and to travel. Hence, maritime transportation has played amongst others- a significant role in the economic development of the European Union as it enabled the facilitation of the exchange of goods and travelling.

Nowadays, the European Union also has to deal with many challenges that have 27

European Commission (2018). Commission Implementing Regulation (EU) 2015/1998 of 5 November 2015 laying down detailed measures for the implementation of the common basic standards on aviation security (Online). Available at: https://ec.europa.eu/transport/modes/air/security/aviationsecurity-policy/scanners_en [Accessed 30 November 2018] 28 Ibid 29 European Commission-Migration and Home Affairs, 2018. Passenger Name Record (PNR) (Online).

Available at: https://ec.europa.eu/home-affairs/what-we-do/policies/policecooperation/information-exchange/pnr_en[Accessed 30 November 2018] 30 Ibid EUropa.S. 2019, April 19th-22nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 13

EUropa.S. 2019 EP- TRAN, “Passengers’ rights in the era of security threats; challenges and dilemmas for the EU“ Study Guide affected its policy-making, for instance the issues of migration and terrorism.

Consequently, the European Union has planned its strategies according to the new data they have in order to efficiently tackle these phenomena31.

The European law includes rights that ship passengers have when their journey is delayed or cancelled, when accidents are occurred during the journey or when their luggage are damaged or lost. However, one of the most important rights that has been a European initiative is the fact that no one is being charged a higher price for a ticket because of their nationality which is in line with the right of nondiscrimination. Due to the last events of terrorist attacks and the migration issue, people tend to have more discriminatory attitudes.

EU’s Maritime Security Policy The European Union has realized the challenges that maritime transportation has to face and thus has shaped and implements a Maritime Security Policy whose main objective is to protect its citizens and economies from unlawful intentional acts. In charge of its monitoring at the behest of the European Parliament and the Council, is the European Commission. The latter has adopted a Regulation that allows it to conduct inspections in the field of maritime security in order to check the efficiency of the national incentives on the matter (Commission Regulation (EC) No 324/2008).The basic aim of this policy is to reassure that ships and passengers are protected and travelling safely in the European waters. Furthermore, another goal is the elimination of substandard shipping and the reduction of environmental pollution32.

EU’s Maritime Security Strategy (EUMSS) In order to ameliorate the implementation of European Union’s Maritime Security Policy, the European Council has adopted on June 2014 the European Union’s Maritime Security Strategy (EUMSS), part of the EU Global Strategy (2016), which will ensure the efficient response to the modern-day challenges. The aforementioned strategy -as well as others within the European Union-, gives emphasis in the collaboration in a transnational and regional level and underlines that only in this way the Member-States and the European Union can exploit the already existing resources for there to be security. After four years, the EUMSS Action Plan has been revised, on June 2018, to be more up to date with the ongoing challenges, the

31

European Commission, 2018, Maritime, (Online).

Available https://ec.europa.eu/transport/modes/maritime_en[Accessed 30 November 2018] 32 European Commission, 2018, Safety & Environment, (Online). Available https://ec.europa.eu/transport/modes/maritime/safety_en[Accessed 10 December 2018]

at: at:

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EUropa.S. 2019 EP- TRAN, “Passengers’ rights in the era of security threats; challenges and dilemmas for the EU“ Study Guide political lines and the recently adopted European Union legislation about the defense and security area.33 “With this action plan, the EU reaffirms its role as a global maritime security provider. It promotes international cooperation, maritime multilateralism and the rule of law at sea, in line with the strategic priorities identified in the EU Global Strategy.”- High Representative for Foreign Affairs and Security Policy Federica Mogherini34.

These are the main changes that have been made in the newly revised Action Plan35: 



 

An innovative & holistic perspective on maritime security, encompassing terrorism as well as cyber, hybrid, chemical, biological, radiological and nuclear threats in the maritime domain Introducing a regional approach to a global challenge, allowing for tailormade responses to security challenges in European sea basins and key hotspots such as the Gulf of Guinea and the Horn of Africa Protection of critical maritime infrastructure such as ports, ships and energy installations at sea Stronger collaboration between civilian and military actors, between different agencies and across borders.

All the aforementioned, seek to ensure the promotion of a global maritime security and furthermore tackle the challenges that rise in this security environment.

Moreover, the EUMSS Action Plan underlines the significance of the international cooperation in security matters. Precisely, it prioritizes cooperation between the United Nations (UN) and specifically the promotion of the UN Convention on the Law of Sea, the North Atlantic Treaty Organization (NATO) and the International Maritime Organization (IMO)36.

33

European Commission, 2018, Maritime Security Strategy. (Online). Available at: https://ec.europa.eu/maritimeaffairs/policy/maritime-security_en[Accessed 10 December 2018] 34 European Council – Council of the European Union, 2018, Maritime Security: EU revises its Action Plan.

(Online).

Available at: https://www.consilium.europa.eu/en/press/pressreleases/2018/06/26/maritime-security-eu-revises-its-action-plan/[Accessed 10 December 2018] 35 European External Action Service, 2018. Maritime security: EU adopts new action plan for more secure seas and oceans.

(Online).

Available at: https://eeas.europa.eu/delegations/mali/47365/maritime-security-eu-adopts-new-action-plan-moresecure-seas-and-oceans_uk 36 European Commission, 2018. International Cooperation and Coordination. (Online) Available at: https://ec.europa.eu/transport/modes/maritime/international_en[Accessed 30 November 2018].

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EUropa.S. 2019 EP- TRAN, “Passengers’ rights in the era of security threats; challenges and dilemmas for the EU“ Study Guide

Rail Transportation Travelling by train has been one of the most popular transportation means in many EU countries, since it not only offers a priceworthy alternative for international trips but also facilitates everyday life for many people that work far from home. Even though rail transportation is considered to be one of the safest ways to travel and European railways are among the safest in the world, statistics show that in the 21 century the number of terrorist attack victims on land transport exceeds deaths from the same cause in maritime or air transport. The increasing number of terrorist attacks and security incidents in rail stations and trains has been indicating the need for action an alteration of the already existing regime, as far as passenger rights and security are concerned37.

The core of passenger rights that are in force for all means of transport also apply in rail transport, while the regulation offers the necessary measures that train transport requires due to its nature38. The general guidelines that apply to rail transportation have been mentioned above (See passenger rights legislation sector).

In case the purpose of the journey cannot be fulfilled due to the delay, the passenger may request a return trip to the initial departure point or transportation to the final destination as soon as possible, even with other means of transport, while accommodation and meals shall be provided where necessary. At the same time, passengers are entitled to compensation up to 50% of their ticket value, depending on the duration of the delay, if they decide to continue with their journey. The carrier is also responsible for compensation in case of registered luggage loss or damage. Last but not least, in cases of rail accidents that result in injury or death, passengers or they dependents are entitled to compensation, while an amount shall be paid in advance within 15 days from the accident so as to cover pressing needs39. st

Rail Transport Security and the Stakeholder Consultation Strategy Article 26 40of the Regulation on rail transport states that rail transport stakeholders ‘shall take adequate measures in their respective fields of responsibility and adapt them to the level of security defined by the public authorities to ensure passengers’ personal security in railway stations and on trains and to manage risks. They shall cooperate and exchange information on best practices concerning the prevention of 37

European Commission-Mobility and Transport , 2018. Land Security. [Online] Available at: https://ec.europa.eu/transport/themes/security/land_security_en[Accessed 30 November 2018] 38 Europa, 2018, Rail Passenger Rights.

[Online].

Available at:https://europa.eu/youreurope/citizens/travel/passenger-rights/rail/index_en.htm [Accessed 30 November] 39 Ibid 40 EUR-Lex, 2018. Regulation on rail passengers’ rights and obligations (Online). Available at: https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32007R1371[Accessed 30 November 2018] EUropa.S. 2019, April 19th-22nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 16

EUropa.S. 2019 EP- TRAN, “Passengers’ rights in the era of security threats; challenges and dilemmas for the EU“ Study Guide acts, which are likely to deteriorate the level of security’. However, there are no concrete EU measures on rail security. While some Member-States have tried to strengthen national security measures in order to include rail transport, the efforts have not been coordinated and fully efficient.

Designing a rail security initiative that reflects the EU citizens’ public interest is of utmost importance. The European Commission has the aim to consult stakeholders on the matter in order to achieve the best result possible. To achieve that, the establishment of a fruitful dialogue with stakeholders through which interested parties shall express their proposals and provide feedback on the matter at hand will help achieving the aim of delivering high quality and credible impact assessment. In order for this strategy to be effective, the appropriate mix of consultation methods for each group has to be found. It is important to keep in mind that not all stakeholders share common interests or have the same influence. Therefore, a different approach is necessary for each category of stakeholders. The methods that are mostly used are open public consultation, which takes place through a questionnaire concerning impact assessment, targeted consultation, through questionnaires to specialized stakeholders and participation in a LANDSEC41 group meeting. LANDSEC (Land Transport Security Experts Group) is a body that meets 3-4 times per year and is composed from experts on the transport sector. It has the purpose of assisting the Commission with forming and implementing EU’s activities and policies relating to land security. That being said, the following table depicts the consultation method used by category: Targeted stakeholders42

Consultation Activity

Citizens and associations of rail users

Public consultation, Open discussion at LANDSEC group meeting 23/01/18

Non Governmental Organisations

Public consultation

Public consultation & Targeted Railway Undertakings/Infrastructure questionnaire, Open discussion at Managers & Station Managers LANDSEC group meeting 23/01/18

41

European Commission- Register of Commission Expert Groups , 2018. Expert Group on Land Transport Security(Online).

Available at: http://ec.europa.eu/transparency/regexpert/index.cfm?do=groupDetail.groupDetail&groupID=2821 &Lang=EN[Accessed 30 Noveber 2018] 42 European Commission- Mobility and transport, 2018. Improving Passenger Rail Security: Stakeholder Consultation Strategy (Online). Available at: https://ec.europa.eu/transport/themes/security/land_security/improving-passenger-railsecurity_en[Accessed 30 Noveber 2018] EUropa.S. 2019, April 19th-22nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 17

EUropa.S. 2019 EP- TRAN, “Passengers’ rights in the era of security threats; challenges and dilemmas for the EU“ Study Guide Rail Transport Workers’ organisations

Public consultation

Technology providers/ Associations

Public consultation, Open discussion at LANDSEC group meeting 23/01/18

Public consultation & Targeted Member State National & Transport questionnaire, Open discussion at Authorities LANDSEC group meeting 23/01/18

Law enforcement authorities

Public consultation & Targeted questionnaire, Open discussion at LANDSEC group meeting 23/01/18

Research Institute/Associations

Public consultation

Other

Public consultation

In 2018, the European Commission has taken significant initiatives in order to improve rail passenger security. In June, the EU Action Plan to improve the security of rail passengers and staff was presented with the goal to coordinate the efforts made by Member-States and create a safe environment for passengers and staff.

Part of this Action Plan is the establishment of an EU Rail Passenger Security Platform, which will be a vital part of information collection and exchange, coordination of national efforts and improving cross-border rail services security.

The launch of the platform took place in June 2018, a few days after the Action Plan43.

Road Transportation Last but not least, road transportation plays a significant role in the development of the European single market because it allows the transportation of goods and people (73% of European citizens also travel by car, bus or coaches) to be implemented in an easy and fast way. Transportation in road is nowadays safer than it was some years ago thanks to the European Union’s initiative. However, it is still more dangerous than the other means of travel.

Road transportation is a form of transportation that has recently gained a series of passengers’ rights with the Regulation No. 181/2011 adopted in February 2011 and which have been in force since March 201344. This measure of the EU primarily covers the right of non-discrimination regarding transport conditions and for people 43

Ibid European Commission, 2012. Road Transport: A Change of Gear. (Online) Available at: https://ec.europa.eu/transport/sites/transport/files/modes/road/doc/broch-roadtransport_en.pdf 44

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EUropa.S. 2019 EP- TRAN, “Passengers’ rights in the era of security threats; challenges and dilemmas for the EU“ Study Guide of reduced mobility and the right to compensation in case of accidents, delay or cancellation. Specifically, as it is applied to the other means of transportation no one is charged a higher priced ticket because of their nationality reassuring the right of non-discriminations mentioned previously. As the event of delay or cancellation is concerned, passengers’ have the right to always being informed of what is going on.

The right of compensation according to the European Law applies only in case of the travelling distance be more than 250 km and the delay is at least 2 hours.

Passengers’ can choose whether they want to claim a refund and return to their departure point at no cost or to travel to their final destination point at the earliest opportunity again without any extra charge. In case of an accident occurred in a long-distance journey, the passenger is entitled of compensation. The same also applies to the event of damage of luggage and personal items due to an accident 45.

Security Threats Nowadays, the European Union is facing a lot of challenges in the security field especially the last few years, such as combating terrorism, illegal migration. The latter have been threatening the safety of the European citizens and thus must be eliminated. In order to combat such phenomena, the institutions of the EU have adopted Strategies, Action Plans and Directives that address such issues and underline the need for further cooperation at all levels (at a European level as well as at an international level through the cooperation with third countries and other international institutions such as the UN, NATO and IMO)46.

Terrorism has been a threat for peace within the European borders for a long time now and the fact that the Union provides a free area of movement makes it an easy target, more vulnerable to attacks. Nonetheless, the last two years the European Union has been attacked several times, with the most recent events taking place in Germany, France and the United Kingdom. Hence, it is highly important that the Member-States of the European Union enhance their Counter-Terrorism Strategy which was adopted in 2005 and focuses on 4 pillars47: 1. Prevent 2. Protect 3. Pursue and 4. Respond One of the main targets of the European Union is to provide safety to its people, as previously mentioned, in all aspects of life and especially in their transportation as it 45

European Commission, 2018. Bus and Coach Passenger Rights. (Online) Available at: https://europa.eu/youreurope/citizens/travel/passenger-rights/bus-andcoach/index_en.htm[Accessed 30 November 2018] 46 European Commission, 2018. International Cooperation and Coordination. (Online) Available at: https://ec.europa.eu/transport/modes/maritime/international_en[Accessed 30 November 2018] 47 European Council – Council of the EU, 2018. EU Fight against Terrorism. (Online) Available at: http://www.consilium.europa.eu/en/policies/fight-against-terrorism/[Accessed 30 November 2018] EUropa.S. 2019, April 19th-22nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 19

EUropa.S. 2019 EP- TRAN, “Passengers’ rights in the era of security threats; challenges and dilemmas for the EU“ Study Guide plays a major role in a European citizen’s everyday life. So as to achieve this, the Member-States have revised this strategy to keep it more up to date concerning the current challenges and able to combat any newly risen threats. A form of terrorist act that is related to transportation is the act of aircraft hijacking, meaning the illegal seizing of an aircraft while it is in transit. In Europe such incidents are not often. As it is referred in the second pillar of the EU Counter-Terrorism, with a view to offering protection, EU collective action is highly important48. Furthermore, as passengers’ rights are concerned, they have the right of safe movement within the European borders. In order to achieve the latter by preventing possible terrorists to enter the European Union, the respective institutions have used technological means to collect and exchange passengers’ data and to include biometric information in travel documents so as to reassure the better quality of security checks.49 However, this collection of personal data must guarantee that these are private and are only being used for the purpose of security without disrespecting people’s privacy. Also, the Visa Information System (VIS) and the Schengen Information System II (SIS II) play significant role in the better check of who is entering and exiting the European Member-States. All the above, conclude in the need of raising the standards of transport security by strengthening the protection of airports, ports, train and bus stations. Another factor that plays a significant role in this attempt to fight terrorism, is the role of European Agencies and their joint actions, such as the European External Action Service and the European Border and Coast Guard Agency (FRONTEX)50. In 2015, the EU Member-States set some priorities of the EU CounterTerrorism Strategy which namely are51: a) ensuring the security of citizens b) preventing radicalization and safeguarding values and c) cooperating with international partners.

Apart from the armed attacks, within the European borders, another issue that the Union has to deal with is the migrant crisis that is being ongoing the last few years.

The particular crisis has raised the need of better external borders’ control as the inflows are large. Some countries observe that within these inflows there might be people that might threaten their countries’ peace and safety and thus, do not allow immigrants to enter their borders. This attitude is mainly due to the terrorist attacks that have taken place, which made governments more suspicious and careful of who is entering or not. Moreover, this attitude has also increased discriminatory acts 48

Ibid Council of the European Union, 2016, Implementation of the counter-terrorism agenda set by the European Council. (Online). Available at: http://data.consilium.europa.eu/doc/document/ST-142602016-ADD-1-EXT-1/en/pdf [Accessed: 9 December 2018] 50 Ibid 51 European Council - Council of the EU, 2018. Counter Terrorism Coordinator. (Online). Available at:https://www.consilium.europa.eu/en/policies/fight-against-terrorism/counter-terrorismcoordinator/ [Accessed: 9 December 2018] 49

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EUropa.S. 2019 EP- TRAN, “Passengers’ rights in the era of security threats; challenges and dilemmas for the EU“ Study Guide which are not part of the European law particularly when it comes to the right of free movement of people. The European Union is called upon to find ways to manage the migrant crisis whereas simultaneously treat fairly to its citizens and ensure their safety.

Challenges Nowadays, the European Union has to ensure that its citizens’ rights are protected and implemented. More precisely, during the past years the Union has to deal with terrorism and the ongoing migrant crisis, phenomena that have been threatening its citizens’ right of safety. In order to achieve that, the adopted Strategies, Action Plans and Directives of the European Union amid other proposals, underline the need for further information exchange which raises the uncertainty of whether the citizen’s personal data are being protected or not. Due to the security threats the EU is facing, passengers are requested to give more personal information and data but how are going to be used is not always clear. Moreover, regarding passengers, the Union has to ensure that fundamental rights should be protected, such as the right of nondiscrimination, mostly because of the increase of xenophobia caused by the current security threats, and the right on compensation in case of any accidents occurred during their travel. Unfortunately, in many cases passengers were treated differently and with suspicion because of their nationality or religion. The EU has to ensure that no passenger is deprived of their rights on those grounds and the principles of equality and proportionality are being respected. The European institutions need to find a common ground between safety and free movement whilst respecting passengers’ rights.

European Political Parties European People’s Party MEPs of the European People’s Party consider freedom of movement a fundamental principle of the EU, therefore consider that abuses of that principal have to be combated.52 As internal and external threats are no longer separate, EPP values a comprehensive response towards modern security threats, such as terrorism and illegal migration. The Party believes that EU has to protect its borders and find a golden section between minimizing the threat of criminal activities and maximizing convenience for travelers. As far as passenger rights are concerned, EPP has been in 52

European People’s Party Group, 2018, Legal and Home Affairs(Online). Available at: https://www.eppgroup.eu/what-we-stand-for/our-position/wg-legal-and-home-affairs[Accessed: 9 December 2018] EUropa.S. 2019, April 19th-22nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 21

EUropa.S. 2019 EP- TRAN, “Passengers’ rights in the era of security threats; challenges and dilemmas for the EU“ Study Guide favor of transparency and standardization of rights in all transport modes.53 The European Parliament Rapporteur on Air Passenger Rights Georges Bach, an EPP MEP has stated that “Existing EU Directives have to be revised in order to provide better transparency for the passenger. On this common basis, we then have to take the characteristics of the different transport modes into account"54.

Progressive Alliance of Socialists and Democrats (S&D) The Socialists and Democrats of the European Parliament are committed to ensuring efficient, safe, sustainable and competitive transport in the EU, while protecting passenger rights and ensuring free movement of goods and individuals. MEPs of S&D, recognizing that many passengers have experienced problems while travelling, have successfully fought for a common enhanced passenger rights package that will facilitate assistance for passengers.55 Transport safety has also been a party priority, with a focus on road safety, while aviation security has been the object of many S&D proposals. The group has been leading the vote in strengthening rail passenger rights56 , while S&D MEPs have been fighting towards achieving effective data protection standards on airline passenger data shared through the PNR initiative.

“The S&D Group supported the proposal but also called for clearer safeguards to ensure the data is used only for its intended purpose, that it meets legal data protection standards, and complies with the principle of necessity and proportionality”, stated Tanja Fajon, Vice President of the S&D Group57.

European Conservatives and Reformists Group (ECR) ECR Party is committed in enhancing internal and external EU security, including passenger security. MEPs of this party were leading PNR initiative and have led negotiations in this sector. The party believes that freedom of movement and

53

European People’s Party, 2018, Justice and Security (Online). Available at: https://www.epp.eu/ourcommitments/commitments/[Accessed 9 December) 54 European People’s Party Group, 2012, EU passenger rights must be standardized and transparent for all transport modes. (Online). Available at: https://www.eppgroup.eu/newsroom/news/eupassenger-rights-must-be-standardised[Accessed 9 December 2018] 55 S&D, 2018, Transport, Tourism and the Regions.

(Online). Available at: https://www.socialistsanddemocrats.eu/policies/transport-tourism-regions-0[Accessed 9 December 2018] 56 S&D, 2018, S&Ds lead the vote to strengthen rail passengers’ rights in the EU. (Online). Available at: https://www.socialistsanddemocrats.eu/newsroom/sds-lead-vote-strengthen-rail-passengers-rightseu[Accessed 9 December 2018] 57 S&D, 2015, “New EU rules on airline passenger information must meet high data protection standards” say S&D MEPs. (Online) Available at: https://www.socialistsanddemocrats.eu/newsroom/new-eu-rules-airline-passenger-informationmust-meet-high-data-protection-standards-say-sd[Accessed 9 December 2018] EUropa.S. 2019, April 19th-22nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 22

EUropa.S. 2019 EP- TRAN, “Passengers’ rights in the era of security threats; challenges and dilemmas for the EU“ Study Guide ensuring EU’s internal security call for efficient protection of EU borders.58 At the transport sector, ECR considers high quality transport fundamental for EU’s economic activities while working to make all railway services competitive. Last but not least, ensuring that consumers’ rights, and therefore passenger rights, are upheld across all Europe is believed by ECR to be one of the most efficient ways of improving EU citizens’ rights59.

Alliance for Liberals and Democrats for Europe (ALDE) MEPs of ALDE Party are actively involved in ensuring passenger rights for every EU citizen in every form of transport, while the requested standardized Union complaint form is an ALDE proposal. 60 Better information exchange and collaboration is considered by ALDE as the key towards a safer Europe61 and the party leader Guy Verhofstadt has stressed out the significance of safeguarding citizen’s rights, stating that “We should not undermine the rule of law and rights and freedoms in the name of security”62.

GUE/NGL Party GUE/NGL Party is determined to show zero tolerance to breaches of fundamental rights with the excuse of the fight against terrorism. GUE/NGL MEPs requested that the European Court of Justice checks the PNR initiative’s compliance with the Treaties, while recently they have criticized the program as ineffective. At the same time, the party continually opposed the use of security scanners in airports due to consideration that they pose a threat on privacy and their effect on health is unclear.63 Last but not least, ensuring the implementation of passenger rights has been in accordance with the general citizen’s rights protection of GUE/NGL, while, among others, the party has been fighting for a safe aviation sector with reasonable conditions both for workers and for passengers.

58

European Conservatives and Reformists Group, 2018, Protecting and respecting Member-States (Online).

Available at: https://ecrgroup.eu/vision/protecting_and_respecting_member_states[Accessed 9 December 2018] 59 European Conservatives and Reformists Group, 2018, Connecting People and Business (Online).

Available at: https://ecrgroup.eu/vision/connecting_people_business[Accessed 9 December 2018] 60 ALDE Party, 2018, More rights for railway passengers in the EU (Online). Available at: https://www.aldeparty.eu/news/more-rights-railway-passengers-eu-1[Accessed 9 December 2018] 61 ALDE Party, 2015, Fighting against terrorism, defending democracy: Two sides of the same coin.

(Online). Available at: https://alde.eu/en/news/21-fighting-against-terrorism-defending-democracytwo-sides-of-the-same-coin/[Accessed 9 December 2018] 62 Ibid 63 GUE/NGL Party, 2018, Civil Liberties, Data Privacy, protecting the vulnerable (Online). Available at: http://www.guengl.eu/policy/priority/civil-liberties-data-privacy-protecting-the-vulnerable[Accessed 9 December 2018] EUropa.S. 2019, April 19th-22nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 23

EUropa.S. 2019 EP- TRAN, “Passengers’ rights in the era of security threats; challenges and dilemmas for the EU“ Study Guide

Conclusions Concluding, while the EU has taken effective measures concerning air transportation and maritime security, while caring for passengers’ rights, land transportation is a field that is not efficiently regulated. Recent events and attacks to airports, aircrafts, rail transport (e.g. attack on Thalys in 2015) and ships have established a regime of fear and have underlined the need for a concrete answer to security threats. The EU shall ensure that a non discriminatory policy is enforced in all means of transportation and that carriers and stakeholders do not deprive passengers from their rights. It is upon the EU to ensure that all passengers are secure and equal when travelling and that no one is a victim of unfair suspicions because of their nationality or religion.

Questions Raised 1. Which passengers’ rights are most likely to be violated as a result of security threats?

2. What are considered to be the current security dilemmas that the EU has to deal with?

3. How can the EU create an effective regime concerning security and passengers’ rights in the field of land transportation?

4. In which ways can the EU institutions enhance their strategy regarding passengers’ rights in air and maritime transportation?

5. How can the EU protect passengers’ private data while enhancing its security strategy on the transport sector?

6. In which ways can reservations concerning security scanners and PNR be overcome?

7. Is the present interagency cooperation efficient in the field of security in maritime transportation?

8. What could be done to improve cooperation with stakeholders in rail transportation under the Stakeholder Consultation Strategy so as to improve passengers’ security?

9. What proposals can be made in order to keep the EU Counter-Terrorism Strategy up to date?

10. How can the EU reaffirm passengers’ rights via the further cooperation with third-party organizations (e.g. ICAO, IMOand UN)?

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30. European Commission-Mobility and Transport, 2018. Improving Passenger Rail Security: Stakeholder Consultation Strategy. [Online] Available at: https://ec.europa.eu/transport/themes/security/land_security/improvingpassenger-rail-security_en [Accessed 30 November 2018].

31. European Commission-Mobility and Transport, 2018. Transport Infographics.

[Online] Available at: https://ec.europa.eu/transport/factsfundings/infographics/zero-to-ten_en [Accessed 30 November 2018].

32. European Commission-Mobility and Transport, 2018. Land Security. [Online] Available at: https://ec.europa.eu/transport/themes/security/land_security_en [Accessed 30 November 2018].

33. European Commission- Mobility and Transport, 2018. Security Scanners.

[Online] Available at: https://ec.europa.eu/transport/modes/air/security/aviation-securitypolicy/scanners_en [Accessed 30 November 2018].

34. European Commission- Register of Commission Expert Groups, 2018. Expert Group on Land Transport Security.

[Online] Available at: http://ec.europa.eu/transparency/regexpert/index.cfm?do=groupDetail.grou pDetail&groupID=2821&Lang=EN [Accessed 30 November 2018].

35. European Conservatives and Reformists Group, 2018, Connecting People and Business [Online].Available at: https://ecrgroup.eu/vision/connecting_people_business [Accessed 9 December 2018] 36. European Conservatives and Reformists Group, 2018, Connecting People and Business [Online].

Available at: https://ecrgroup.eu/vision/connecting_people_business [Accessed 9 December 2018].

37. European Council - Council of the EU, 2018. Counter Terrorism Coordinator.

[Online].Available at:https://www.consilium.europa.eu/en/policies/fightagainst-terrorism/counter-terrorism-coordinator/ [Accessed 30 November 2018] 38. European Council – Council of the EU, 2018. EU Fight against Terrorism.

[Online] Available at: http://www.consilium.europa.eu/en/policies/fightEUropa.S. 2019, April 19th-22nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 28

EUropa.S. 2019 EP- TRAN, “Passengers’ rights in the era of security threats; challenges and dilemmas for the EU“ Study Guide against-terrorism/ [Accessed 30 November 2018].

39. European Council – Council of the European Union, 2018, Maritime Security: EU revises its Action Plan.

[Online].Available at: https://www.consilium.europa.eu/en/press/pressreleases/2018/06/26/maritime-security-eu-revises-its-action-plan/ [Accessed 10 December 2018].

40. European External Action Service, 2018. Maritime security: EU adopts new action plan for more secure seas and oceans.[Online]. Available at: https://eeas.europa.eu/delegations/mali/47365/maritime-security-euadopts-new-action-plan-more-secure-seas-and-oceans_uk[Accessed 30 November 2018].

41. European Parliament, 2018, Rules of Procedure of the European ParliamentTRAN Committee [Online].

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44. European People’s Party Group, 2012, EU passenger rights must be standardized and transparent for all transport modes [Online]. Available at:https://www.eppgroup.eu/newsroom/news/eu-passenger-rights-must-bestandardised [Accessed 9 December 2018].

45. European People’s Party Group, 2018, Legal and Home Affairs[Online].

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47. Flightrights , 2018. Denied Boarding. [Online] Available at: https://www.flightrights.ie/passenger-rights/denied-boarding.83.html [Accessed November 2018].

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EUropa.S. 2019 EP- TRAN, “Passengers’ rights in the era of security threats; challenges and dilemmas for the EU“ Study Guide 48. GUE/NGL Party, 2018, Civil Liberties, Data Privacy, protecting the vulnerable [Online]. Available at: http://www.guengl.eu/policy/priority/civil-libertiesdata-privacy-protecting-the-vulnerable [Accessed 9 December 2018].

49. S&D, 2015, “New EU rules on airline passenger information must meet high data protection standards," say S&D MEPs [Online]. Available at: https://www.socialistsanddemocrats.eu/newsroom/new-eu-rules-airlinepassenger-information-must-meet-high-data-protection-standards-say-sd [Accessed 9 December 2018].

50. S&D,2018, S&Ds lead the vote to strengthen rail passengers’ rights in the EU [Online].

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52. Safety 4 Sea, 2018. EU revises action plan on maritime security (Online).

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Further Reading  Council of the European Union, 2018. Council conclusions on the revision of the European Union Maritime Security Strategy (EUMSS) Action Plan. [Online] Available at: http://data.consilium.europa.eu/doc/document/ST-10494-2018INIT/en/pdf  EUR-Lex, 2014. Summary of Rail Passenger Rights. [Online] Available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM:l24003  EUR-Lex, 2015. Summary of EU denied boarding and delayed flight compensation system. [Online] Available at: https://eur-lex.europa.eu/legalcontent/EN/TXT/?uri=legissum:l24173  EUR-Lex, 2018. European Commission Interpretative Guidelines on air passenger rights. [Online] Available at:https://eur-lex.europa.eu/legalcontent/EN/TXT/?uri=CELEX:52016XC0615%2801%29  European Commission - Mobility and Transport , 2018. Synopsis Report: Summary of the Consultation on improving security of rail passengers.

[Online] Available at: https://ec.europa.eu/transport/sites/transport/files/swd-2018-400.pdf  European Commission - Mobility and Transport , 2018. The EU Air Safety List.

[Online] Available at: https://ec.europa.eu/transport/modes/air/safety/airban_en EUropa.S. 2019, April 19th-22nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 30

EUropa.S. 2019 EP- TRAN, “Passengers’ rights in the era of security threats; challenges and dilemmas for the EU“ Study Guide  European Commission - Mobility and Transport, 2018. European Commission puts forward action plan to improve security of rail passengers in the EU. [Online] Available at: https://ec.europa.eu/transport/modes/rail/news/201806-12-action-plan-security-rail-passengers_en  European Commission - Mobility and Transport, 2018. Synopsis Report: Summary of the Consultation on improving security of rail passengers.

[Online] Available at: https://ec.europa.eu/transport/sites/transport/files/swd-2018-400.pdf  European Commission, 2016. Staff Working Document on the Implementation of the EU Maritime Transport Strategy 2009-2018. [Online] Available at: https://ec.europa.eu/transport/sites/transport/files/swd2016_326.pdf  European Commission, 2017. A European Agenda on Security. [Online] Available at: https://ec.europa.eu/home-affairs/sites/homeaffairs/files/whatwe-do/policies/european-agendasecurity/20170907_a_european_agenda_on_security__state_of_play_en.pdf  European Commission, 2018. Maritime Transport. [Online] Available at: https://ec.europa.eu/transport/modes/maritime/maritime-transport_en  European Commission, 2018. Safety & Security. [Online] Available at: https://ec.europa.eu/transport/themes/security_en  European Commission, 2018. Safety of Passenger Ships. [Online] Available at: https://ec.europa.eu/transport/modes/maritime/safety-andenvironment/safety-passenger-ships_en  European Commission, n.d. Summary of provisions concerning the rights of passengers travelling by sea in the event of accidents. [Online] Available at: https://ec.europa.eu/transport/sites/transport/files/themes/passengers/mar itime/doc/rights-in-case-of-accident.pdf  European Parliament, 2016. The IMO - for safe, secure and efficient shipping on clean oceans.

[Online] Available at:http://www.europarl.europa.eu/RegData/etudes/BRIE/2016/577964/EPRS _BRI%282016%29577964_EN.pdf  European Passengers' Federation, 2014. Rail Passenger Rights. [Online] Available at: http://www.epf.eu/wp/rail-passenger-rights/

Useful Links  Website of the EPP Party: http://www.epp.eu  Website of the S&D Party: http://www.socialistsanddemocrats.eu  Website of the ECR Party: http://ecrgroup.eu EUropa.S. 2019, April 19th-22nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 31

EUropa.S. 2019 EP- TRAN, “Passengers’ rights in the era of security threats; challenges and dilemmas for the EU“ Study Guide  Website of the ALDE Party: https://www.aldeparty.eu/en  Website of the GUE/NGL Party: http://www.guengl.eu

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