Activities of Bernadette VERGNAUD related to 2013/0072(COD)
Plenary speeches (1)
Compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air PDF (921 KB) DOC (1 MB)
Amendments (35)
Amendment 180 #
Proposal for a regulation
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
Regulation (EC) No 261/2004
Article 1 – paragraph 1
Article 1 – paragraph 1
(-1) Article 1(1) is amended as follows: ‘1. This Regulation establishes, under the conditions specified herein, minimum rights for passengers when: (a) they are denied boarding against their will; (b) their flight is cancelled; (c) the departure of their flight is delayed; (d) their seats are downgraded.’
Amendment 182 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b a (new)
Article 1 – paragraph 1 – point 1 – point b a (new)
Regulation (EC) No 261/2004
Article 2 – point f
Article 2 – point f
(ba) The following sentence is added to the definition of ‘ticket’ in point (f): ‘with that document constituting the passenger’s contract of carriage and comprising one or more flight coupons corresponding to reservations on one or more flights, which may or may not be connecting flights;’
Amendment 195 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e
Article 1 – paragraph 1 – point 1 – point e
Regulation (EC) No 261/2004
Article 2 – point m
Article 2 – point m
Amendment 220 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e
Article 1 – paragraph 1 – point 1 – point e
Regulation (EC) No 261/2004
Article 2 – point s
Article 2 – point s
Amendment 228 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e
Article 1 – paragraph 1 – point 1 – point e
Regulation (EC) No 261/2004
Article 2 – point y a (new)
Article 2 – point y a (new)
In Article 2, the following point is inserted: ‘(ya) ‘delay in departure’ means the difference between the departure time for the flight indicated on the passenger’s ticket and the time at which the flight actually departs;’
Amendment 229 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e
Article 1 – paragraph 1 – point 1 – point e
Regulation (EC) No 261/2004
Article 2 – point y b (new)
Article 2 – point y b (new)
In Article 2, the following point is inserted: ‘(yb) ‘delay in arrival’ means the difference between the arrival time for the flight indicated on the passenger’s ticket and the time at which the flight actually arrives, or the difference between the time the passenger is due to arrive at his/her destination according to his/her ticket and his/her actual time of arrival;
Amendment 230 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e
Article 1 – paragraph 1 – point 1 – point e
Regulation (EC) No 261/2004
Article 2 – point y c (new)
Article 2 – point y c (new)
In Article 2, the following point is inserted: ‘(yc) ‘travel class’ means a section of the passenger cabin on the aircraft in which a different service is provided from that provided in the other part/s of the passenger cabin;’
Amendment 231 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e
Article 1 – paragraph 1 – point 1 – point e
Regulation (EC) No 261/2004
Article 2 – point y d (new)
Article 2 – point y d (new)
In Article 2, the following point is inserted: ‘(yd) ‘flight concerned’ means the flight on which the passenger has a confirmed reservation, or on which he/she has been rerouted;’
Amendment 232 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e
Article 1 – paragraph 1 – point 1 – point e
Regulation (EC) No 261/2004
Article 2 – point y e (new)
Article 2 – point y e (new)
In Article 2, the following point is inserted: ‘(ye) ‘rerouting’ means an offer of alternative transport at no additional price that enables the passenger to reach his/her final destination;’
Amendment 233 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 -a (new)
Article 1 – paragraph 1 – point 2 -a (new)
2. (-a) Article 3(1)(b) is amended as follows: ‘(b) to passengers on a flight departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits : - if the operating air carrier is a Community air carrier; - and if no legal framework compensation and were given assistancevering the incident experienced by the passenger/s exists in thate third country, if the operating air carrier of the flight concerned is a Community carrier. of departure, or if that legal framework is less advantageous for the passenger/s.’
Amendment 238 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EC) No 261/2004
Article 3 – paragraph 4
Article 3 – paragraph 4
Without prejudice to Article 8(6), this Regulation shall only apply to passengers transported by motorised fixed wing aircraft. However, where a part of the journey is carried out, in accordance with a single contract of carriage and on the basis of a single reservation, by another mode of transport or by helicopter, this Regulation shall apply for the whole journey and the part of the journey carried out by another mode of transport shall be considered as a connecting flight for the purposes of this Regulation.' The air carrier shall be responsible for ensuring that this Regulation applies for the whole journey.’
Amendment 239 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b a (new)
Article 1 – paragraph 1 – point 2 – point b a (new)
Regulation (EC) No 261/2004
Article 3 – paragraph 5
Article 3 – paragraph 5
2(ba) In Article 3(5) the following sentence is added: ‘Where the passenger travels on the flight of an operating air carrier to which this Regulation does not apply, when the passenger has a contract of carriage with an air carrier to which this Regulation would apply were it to have been the operating air carrier, the operating air carrier shall apply the relevant provisions of this Regulation to the passenger.’
Amendment 267 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation (EC) No 261/2004
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
In Article 4(5), the following paragraph shall be inserted: 5a. At the latest 48 hours prior to departure, passengers shall be able to change the date, time and/or destination of their booking with the air carrier, by paying an additional charge for this purpose where necessary.
Amendment 269 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 b a (new)
Article 1 – paragraph 1 – point 3 b a (new)
Regulation (EC) No 261/2004
Article 4 a (new)
Article 4 a (new)
The following Article 4a shall be inserted: Multiple-leg tickets 1. Where a multiple-leg ticket may be used for successive flights, the air carrier or ticket seller within the meaning of Regulation (EC) No 2111/2005 shall ensure that the passenger was fully aware of the specific conditions on which the fare being offered depends, and shall ask the passenger to contact the carrier, using the contact details provided, in the event that he/she is unable to take one of the flights. 2. Where a passenger has not undertaken his/her outward flight or journey or his/her feeder flight, the carrier shall not cancel the booking for the return flight or journey or subsequent flight. 3. Where the passenger has contacted the carrier before his/her return flight or journey or subsequent flight, he/she may take the flight without any additional charge. 4. In cases other than those covered under paragraph 3, and where the carrier is able to affirm that the provisions of paragraph 1 have been met, the carrier may apply a fare supplement of no more than the difference between the price paid for the flight as specified on the ticket and the price of the flight alone on the date the booking was made.
Amendment 279 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Regulation (EC) No 261/2004
Article 5 – paragraph 3
Article 5 – paragraph 3
An operating air carrier shall not be obliged to pay compensation in accordance with Article 7 if it can prove that the cancellation is caused by extraordinary circumstances and that the cancellation could not have been avoided even if all reasonable measures had been taken. Such extraordinary circumstances can only be invoked insofar they affect the flight concerned or the previous flighflight immediately preceding it operated by the same aircraft. Where no proof of the existence of extraordinary circumstances is provided, the compensation provided for in Article 7 shall be paid by the air carrier to the passengers.
Amendment 293 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
When an operating air carrier reasonably expects a flight’s departure to be delayed, or an operating carrier postpones the scheduled time of departure, beyond its originally scheduled time of departure, passengers shall be offered by the operating air carrier:
Amendment 295 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
when the delay is of at least two hours, the assistanccare specified in Article 9(1)(a) and 9(2); and
Amendment 299 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 1 – point ii
Article 6 – paragraph 1 – point ii
when the delay is of at least five hours and includes one or several nights, the assistanccare specified in Article 9(1)(b) and 9(1)(c); and
Amendment 310 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
Amendment 321 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
Amendment 330 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
twelven hours or more after the scheduled time of arrival for journeys to/from third countries of 6000 kilometres or morenot covered under points (a) or (b).
Amendment 360 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 261/2004
Article 6 a – paragraph 1 – introductory part
Article 6 a – paragraph 1 – introductory part
Where a passenger misses a connecting flight at an airport located in the area in which the Treaty on European Union applies as a result of a delay or change of schedule to a precedingthe feeder flight, the Community air carrier operating the onward connectingfeeder flight shall offer the passenger:
Amendment 361 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 261/2004
Article 6 a – paragraph 1 – point i
Article 6 a – paragraph 1 – point i
the assistanccare specified in Article 9(1)(a) and 9(2) if the passenger's waiting time for the connection is prolonged by at least two hours; and
Amendment 367 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 261/2004
Article 6 a – paragraph 2
Article 6 a – paragraph 2
Where a passenger misses a connecting flight as a result of a delay to a preceding connecting flight, the passenger shall have a right to compensation by the Community air carrier operating that preceding flight in accordance with Article 6(2). For these purposes, the delay shall be calculated by reference to the scheduled time of arrival at the final destinationt an airport located in the area in which the Treaty on European Union applies as a result of a delay or change of at least 90 minutes to the schedule for the feeder flight at the transfer point, the passenger shall have a right to compensation by the Community air carrier operating that feeder flight under the conditions laid down in Article 7(1)(a), and without prejudice to Article 5(3)(e).
Amendment 402 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 261/2004
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 412 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 261/2004
Article 8 – paragraph 6
Article 8 – paragraph 6
Whenever passengers are offered, pursuant to paragraph 1, a total or partial rerouting by another mode of transport, this Regulation shall apply to the transport carried out by that other mode of transport as if it were carried out by fixed wing aircraft. The air carrier shall continue to be responsible for application of this Regulation for the whole of the journey.
Amendment 414 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Regulation (EC) No 261/2004
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
transport betweenfrom the airport andto the place of accommodation (hotel, place of residence of the passenger or other) and back.
Amendment 421 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Regulation (EC) No 261/2004
Article 9 – paragraph 4
Article 9 – paragraph 4
If the operating air carrier can prove that the cancellation, delayed departure or change of schedule is caused by extraordinary circumstances and that the cancellation, delayed departure or change of schedule could not have been avoided even if all reasonable measures had been taken, it may limit the total cost oflength of time for which accommodation is provided according to paragraph 1(b) to a maximum of three nights. After three nights, the air carrier may limit the total cost of accommodation to EUR 1080 per night and per passenger and to a maximum of 3. In the event the passenger decides to arrange his own accommodation, the air carrier may limit the costs of the accommodation to EUR 125 per night and to three nights. If the operating air carrier chooses to apply this limitation, it shall nevertheless provide the passengers with information about available accommodation after the three nights, in addition to the continued obligations for information specified in Article 14.
Amendment 436 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 261/2004
Article 11 – paragraph 3
Article 11 – paragraph 3
The operating air carrier shall not apply the limitations set out in Articles 9(4) and 9(5): a) if the passenger is a person with a disability or reduced mobility or any person accompanying him/her, an unaccompanied child, a pregnant woman or a person in need of specific medical assistance, on condition the air carrier or its agent or the organiser has been notified of their particular needs for assistance at least 48 hours before the scheduled time of departure of the flight,. Such notification shall be deemed to cover the entire journey and the return journey if both journeys have been contracted with the same air carrierare shown on the same ticket; b) if the passenger is a pregnant woman or an unaccompanied child. Air carriers shall also endeavour to ensure good care is taken of guide dogs and assistance dogs. Information about assistance and the arrangements available in line with point a) shall be made known through various accessible means of communication.
Amendment 441 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 261/2004
Article 13
Article 13
In cases where an operating air carrier pays compensation or meets the other obligations incumbent on it under this Regulation, no provision of this Regulation or of national law may be interpreted as restricting its right to seek compensation for the costs incurred under this Regulation from any third parties which contributed to the event triggeringrom any person, including third parties, in accordance with the law applicable. In particular, this Regulation shall in no way restrict the operating air carrier's right to seek compensation from an organiser or other person with whom the operating air carrier has a contract. Similarly, no provision of this Regulation may be interpreted as restricting the right of a tour operator or a third party, other than a passenger, with whom the operating air carrier has the contract, to seek compensation or ofrom ther obligationperating air carrier in accordance with applicable relevant laws.'
Amendment 481 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16a – paragraph 1
Article 16a – paragraph 1
At the time of reservation, air carriers or ticket sellers within the meaning of Article 2(d) of Regulation (CE) 2111/2005, shall provide information to passengers on their claim and complaint handling processes in relation to the rights set out in this Regulation and on the relevant contact addresses, to which passengers can submit claims and complaints, including via electronic means of transmission. The air carrier shall also inform passengers of the body or bodies competent for handling passenger complaints.
Amendment 489 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16a – paragraph 2
Article 16a – paragraph 2
If a passenger wants to make a complaint to the air carrier with regard to his rights under this Regulation, he shall submit it within 36 months from the date on which the flight was performed or was scheduled to be performed. Within 7 days of receiving the complaint, the carrier shall confirm the receipt of the complaint to the passenger. Within two months of receiving the complaint, the carrier shall provide a full answer to the passenger.
Amendment 516 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
The Commission shall report to the European Parliament and the Council by 1 January 2017 on the operation and the results of this Regulation, in particular with regard to the impact of the compensation for long delays and the limitation of accommodation in extraordinary circumstances of long duration. The Commission shall also report on the enhanced protection of air passengers on flights from third countries operated by non-Community carriers, in the context of international air transport agreements. The Commission shall also report on the effectiveness of the measures taken and sanctions imposed by the bodies referred to in Article 16 and the possible need for a harmonised approach; the report shall be accompanied, if necessary, by legislative proposals.
Amendment 521 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Regulation (EC) No 2027/97
Article 3 – paragraph 2
Article 3 – paragraph 2
The Community air carrier shall provide a complaint form at the airport situated on the territory where the Treaty on European Union applies and at those situated in third countries served by a Community carrier which allows the passenger to immediately submit such a complaint about damaged or delayed baggage. Such a complaint form, which may take the form of a Property Irregularity Report (PIR), shall be accepted by the air carrier at the airport as a complaint pursuant to Article 31(2) of the Montreal Convention. The complaint form shall also be made available to the passenger at all points of sale of the air carrier, including electronic sites, in respect of all transport operations by Community air carriers and transport to, from and within the European Union with regard to third-country air carriers. This possibility shall not affect the right of the passenger to submit a complaint via other means within the deadlines given by the Montreal Convention.
Amendment 538 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 2027/97
Article 6d – paragraph 1
Article 6d – paragraph 1
Whilst air carriers have full commercial freedom to establish the conditions under which they permit baggage to be carried, they shall clearly indicate, at booking and at the check-in desks (including at self- service check-in machines), the maximum baggage allowance passengers are permitted to carry within the cabin and hold of the aircraft on each of the flights included within a passenger's reservation, including any restrictions on the number of items that would be applied within a given maximum baggage allowance. The price of the ticket indicated on booking shall include the carriage of hand luggage, registered luggage and essential items. Where additional charges are applied for the carriage of baggage air carriers shall clearly indicate details of those charges at booking and on request at the airport.