that constitute the core of EU passenger rights23, applicable to all transport modes. Among these is the right to a fast and accessible claims system. These rights are based on three pillars: i) non-discrimination; ii) accurate, timely and accessible information and iii) immediate and proportionate assistance. In the field of air transport, protection is primarily based on the already mentioned Regulations No. 261/2004 and No. 1107/2006, as well as Regulation (EC) No. 2027/97 of the European Parliament and Council of 9 October 1997, on air carrier liability in the event of accidents24, amended by Regulation (EC) 889/2002 of the European Parliament and Council of 13 May 200225. There is no doubt that the high level of passenger protection requires not only proper regulation of their rights and the obligations of airlines and airport operators, but also an appropriate claims procedure and sanction regime. However, the provisions on these matters in the regulations have proven ineffective. We will now confirm that this inefficiency is due to a structural error in its origin: the minimal and vague regulation of non-compliance -understood broadly-. Thus, Regulation No. 261/2004 dedicates only one provision to this issue -Article 16- and Regulation No. 1107/2006, three provisions -Articles 14 to 16-. Moreover, the regulations shift the responsibility for system effectiveness to the Member States. Indeed, it is the Member States that choose the body responsible for compliance -or the body responsible for enforcement- of both regulations and determine the sanction regime, leading to inevitable differences between countries26. Using almost identical wording, Regulations No. 261/2004 and No. 1107/2006 proclaim the obligation of each Member State to designate one or more bodies responsible for the enforcement with respect to flights departing from airports in their territory and flights from third countries to those airports. This body was also responsible for taking the necessary measures to ensure the respect of passenger rights and/or the rights of persons with disabilities or reduced mobility. In Spain, the choice fell on AESA, the organisation that oversees compliance with civil aviation rules. In any case, it is important to note 23 European Commission Communication to the European Parliament and the Council “European Perspective on Passengers. Communication on Passenger Rights in All Modes of Transport,” COM (2011) 898 final, 19 December 2011, p. 4. 24 OJ L 285/1, 17 October 1997. 25 OJ L 140/2, 30 May 2002. 26 As noted in the report published in January 2020, “Study on the Current Level of Protection of Air Passenger Rights in the EU,” pp. 120-144, prepared by Steer at the request of the European Commission’s Directorate-General for Mobility and Transport. 37 THE IMPLEMENTATION OF ADR IN PASSENGERS AIR TRANSPORT
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