accredits the State Aviation Safety Agency as the ADR entity in the field of air transport, was published in the BOE on 10th May 2023. During this period, the only alternatives available to air passengers to defend their rights were to go through judicial means or AESA, but in its capacity as the body responsible for enforcing Regulations No. 261/2004 and No. 1107/2006. It seemed to have been forgotten that the requirement for the Agency to adapt its functioning for accreditation was contained in the original wording of the second additional provision of Law 17/2017. Moreover, this obligation had a stated deadline: “until the order mentioned in the previous paragraph comes into effect” -the order regulating the ADR procedure-. The purpose of this paper is to reflect on the ADR procedure for the application of European Union regulations on the protection of air transport users, as regulated in Order TMA/201/2022. However, addressing this requires prior contextualisation. Thus, in section II, we analyse the provisions concerning supervision and compliance contained in the aforementioned community regulations. In section III, we offer a critical approach to the procedure. The paper concludes with brief considerations in the form of a summary, which constitutes section IV. II. SUPERVISION AND ENFORCEMENT WITH COMMUNITY REGULATIONS CONCERNING AIR PASSENGER PROTECTION 1. The limited provisions on compliance, claims, and sanctions In Europe, the air transport market was liberalised through the adoption of various legal acts, the implementation of which began in the late 1980s17. Competition led to the emergence of new airlines -mainly low-cost carriers-, an increase in the number of routes and a reduction in fares, which in turn led to significant growth in the number of people using air travel. It also resulted in more conflicts, driven by factors such as airspace congestion, the greater size Order TMA/201/2022, of 14th March...”. It was also noted that “since the entry into force of the Order, AESA has been adapting its operations and procedures in order to be accredited as an alternative dispute resolution entity in the field of air passenger protection. The Ministry of Transport, Mobility and Urban Agenda (MITMA) will be the authority that, through a resolution published in the BOE, accredits the Agency to allow it to begin using the procedure. Until this happens, passenger rights claims will be processed according to the usual procedure”. 17 For further details, see CASANOVAS IBÁÑEZ, O., El transporte aéreo en la Unión Europea: de la liberalización a la protección de los consumidores, Atelier, Barcelona, 2017, pp. 66-76; or FOX, S. J. and MARTÍN-DOMINGO, L., “EU Air Passengers´ Rights Past, Present and Future: In an Uncertain World (Regulation (EC) nº 261/2004: Evalua-� tion and Case Study)”, Journal of Air Law and Commerce, Volume 85, Issue 2, 2020, pp. 275-277. 35 THE IMPLEMENTATION OF ADR IN PASSENGERS AIR TRANSPORT
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