Activities of Jaromír KOHLÍČEK 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 (14)
Amendment 132 #
Proposal for a regulation
Recital 11
Recital 11
(11) Regulation (EC) No 261/2004 should explicitly include the right to compensation for passengers suffering long delays, in line with the judgement of the European Court of Justice in the Joined cases C-402/07 and C-432/07 (Sturgeon). At the same time, the thresholds above which delays give rise to a right to compensation should be increased to take account of the financial impact on the sector and to avoid any increase in the frequency of cancellations as a consequence. To ensure that citizens travelling within the EU face homogenous conditions for compensation, the threshold should be the same for all travel within the Union, but it should depend upon the journey distance for travel to and from third countries to take into account the operational difficulties encountered by air carriers to deal with delays on remote airports.
Amendment 140 #
Proposal for a regulation
Recital 16
Recital 16
(16) Air carriers currently face unlimited liability for the accommodation of their passengers in the case of extraordinary circumstances of long duration. This uncertainty linked with the absence of any foreseeable limit in time may risk endangering a carrier's financial stability. An air carrier should therefore be able to limit the provision of care after a certain duration of time. Moreover, whilst providing to passengers adequate contingency planning and speedy rerouting shouldin order to lessen the risk of passengers being stranded for long periods.
Amendment 142 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 151 #
Proposal for a regulation
Recital 22
Recital 22
(22) Passengers should be adequately informed about the relevant procedures for submitting claims and complaints to air carriers and should receive a reply within a reasonable time periodshorter period as possible. Passengers should also have the option to complain about air carriers via out-of-court measures. However, since the right to an effective remedy before a tribunal is a fundamental right recognised in Article 47 of the Charter of Fundamental Rights of the European Union, those measures should neither prevent nor hinder passengers' access to courts.
Amendment 208 #
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 p
Article 2 – point p
“air journey” means a flight or a continued series of connecting flights transporting the passenger from an airport of departure to his final destination in accordance with the contract of carriage;
Amendment 262 #
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
Article 4 – paragraph 5
Where the passenger, or an intermediary acting on behalf of the passenger, reports a spelling mistake in the name of one or several passengers included in the same contract of carriage that may lead to a denial of boarding, the air carrier shall correct this at least once up until 248 hours before departure without any additional charge to the passenger or the intermediary, except where it is prevented from doing so by national or international law.
Amendment 275 #
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 in so far they affect the flight concerned or the previous flight operated by the same aircraft.
Amendment 281 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Regulation (EC) No 261/2004
Article 5 – paragraph 5
Article 5 – paragraph 5
At airports whose annual traffic has been not less than threeone and a half million passengers for at least three consecutive years, the airport managing body shall ensure that the operations of the airport and of airport users, in particular the air carriers and the suppliers of ground handling services, are coordinated through a proper contingency plan in view of possible situations of multiple cancellations and/or delays of flights leading to a considerable number of passengers stranded at the airport, including in cases of airline insolvency or revocation of the operating licence. The contingency plan shall be set up to ensure adequate information and assistance to the stranded passengers. The managing body of the airport shall communicate the contingency plan and any amendments to it to the National Enforcement Body designated pursuant to Article 16. At airports below the above- mentioned threshold, the airport management body shall make all reasonable efforts to coordinate airport users and to assist and inform stranded passengers in such situations.
Amendment 350 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 5
Article 6 – paragraph 5
Subject to safety constraints, where a tarmac delay exceeds one hour, the operating air carrier shall provide free of charge access to toilet facilities and drinking water, shall ensure adequate heating or cooling of the passenger cabin, and shall ensure that adequate medical attention is available if needed. Where a tarmac delay reaches a maximum of five hour90 minutes, the aircraft shall return to the gate or another suitable disembarkation point where passengers shall be allowed to disembark and to benefit from the same assistance as specified in paragraph 1, unless there are safety-related or security- related reasons why the aircraft cannot leave its position on the tarmac.
Amendment 430 #
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 5
Article 9 – paragraph 5
Amendment 432 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 261/2004
Article 10 – paragraph 2 – point (a), (b) and (c)
Article 10 – paragraph 2 – point (a), (b) and (c)
10. In paragraph 2, points (a), (b) and (c) of Article 10, the term ‘price of the ticket’ is replaced by ‘flighair ticket price’.
Amendment 499 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16 a – paragraph 5
Article 16 a – paragraph 5
Within 7 days of receiving the complaint, the designated body shall confirm receipt of the complaint and shall send a copy to the appropriate National Enforcement Body. The time taken to provide the final reply to the complainant shall not be longer than threewo months from the receipt of the complaint. A copy of the final reply shall also be provided to the National Enforcement Body.
Amendment 583 #
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – paragraph 1 – point vii
Annex 1 – paragraph 1 – point vii
Amendment 595 #
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – paragraph 2 – point ii
Annex 1 – paragraph 2 – point ii
unavailability of flight crew or cabin crew (unless caused by labour disputes).