Progress: Awaiting Council's 1st reading position
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | TRAN | ||
Former Responsible Committee | TRAN | ARIAS ECHEVERRÍA Pablo ( PPE) | |
Former Responsible Committee | TRAN | BACH Georges ( PPE) | |
Former Committee Opinion | ENVI | ||
Former Committee Opinion | IMCO | MAYER Hans-Peter ( PPE) | Dennis de JONG ( GUE/NGL), Robert ROCHEFORT ( ALDE), Matteo SALVINI ( ENF), Kerstin WESTPHAL ( S&D) |
Former Committee Opinion | JURI |
Lead committee dossier:
Legal Basis:
TFEU 100-p2
Legal Basis:
TFEU 100-p2Subjects
Events
The Council took note of progress achieved regarding a proposed update of the EU rules on air passenger rights on the basis of a progress report prepared by the Presidency.
Solid progress has been made on the dossier since the policy debate held by the Council in October 2013. In particular, i) provisions giving rise to the application of air passenger rights in other transport modes have been deleted; ii) those on tarmac delay have been fine-tuned; iii) the monetary limit on accommodation in the event of major travel disruption has been deleted; and iv) the rules on informing passengers of their rights have been considerably improved.
Rules allowing airlines to claim exemptions from the requirement to pay compensation : delegations generally agree that technical defects should not be used by airlines as a pretext for refusing to pay compensation. Efforts have therefore been made to define under what conditions airlines may invoke technical defects to seek exemption from paying compensation.
Complaints and dispute resolution : a compromise has been reached on a simple procedure for passengers to submit complaints to airlines and, subsequently, to out-of-court dispute resolution bodies.
The major outstanding questions include the following:
- thresholds for compensation : the modified distance bands and temporal thresholds proposed by the Presidency giving rise to compensation in cases of cancellation and delay - the proposed 5-9-12 time thresholds- do not meet the satisfaction of a number of delegations which have diverging positions on this key issue.
- compensation for missed connecting flights : the Presidency compromise provides a partial exemption to airlines from paying compensation, if the connecting time was relatively short (90 minutes in the current text), and the passenger who purchased the connecting ticket was aware that a short delay of the feeder flight could result in missing the connection. If, however, the originally planned transfer time was more than 90 minutes, the passenger shall receive compensation if his connecting flight is missed due to a delay of the feeder flight. This compromise proposal cannot be accepted by a number of delegations that propose the deletion of compensation for connecting flights, and consider that such amounts should be paid on the basis of each individual leg of the flight, and the corresponding delay suffered.
- extraordinary circumstances : discussions should continue on the status of any list – that is, exhaustive or non-exhaustive, binding or non-binding - establishing exemptions from the obligation of compensation payment.
- hand baggage : the only major outstanding issue relates to cabin baggage. It still needs to be decided whether clear provisions are needed on the so-called 'one bag rule', including purchases made at the airport which would enable all passengers at Union airports to take items on board under the same conditions, or whether this should be regarded as part of the air carrier's commercial freedom.
The European Parliament adopted by 580 votes to 41, with 48 abstentions, a legislative resolution 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.
Parliament position adopted at first reading following the ordinary legislative procedure amended the Commission proposal as follows:
Right to reimbursement or re-routing : where passengers choose the re-routing option, they shall, subject to availability and provided that comparable alternatives exist, have the right to re-routing, at the earliest opportunity, via another air carrier or another mode of transport where the operating air carrier cannot transport the passenger on its own services and in time to arrive at the final destination within eight hours of the scheduled arrival time. The air carrier shall inform the passenger, within 30 minutes after the scheduled departure time, whether it will transport the passenger on its own services within the time limit.
Right to compensation in case of long delays : the amended text seeks to grants passengers, in case of long delays, i.e. of more than three hours, the same rights as passengers whose flights are cancelled. The trigger point of five hours is therefore replaced by one of three hours.
Where the revised schedule involves too long a delay, passengers shall be offered the possibility to ask for reimbursement or rerouting. In addition, passengers should be offered the possibility to organise rerouting for themselves and claim reimbursement of the associated costs if the operating air carrier fails to offer the choice of rerouting.
With the aim to facilitate further the application of the current system and to create greater clarity for passengers and airlines, the resolution proposed to streamline the compensation amounts:
EUR 300 for all journeys of 2 500 kilometres or less; EUR 400 for all journeys between 2 500 km and 6 000 km; EUR 600 for all journeys of 6 000 km or more.
A new Article stipulated that the air carrier may reach a voluntary agreement with the passenger that replaces the compensation with other, non-monetary, benefits of at least equivalent value (for example: air travel vouchers without expiration date to the value of 100% of the entitlement to compensation), provided that this agreement is confirmed by a document signed by the passenger which unambiguously informs the passenger of his rights to compensation under this Regulation.
Rights with regard to connecting flights : the amended text stated passengers concerned should be offered assistance, care and rerouting by the preceding air carrier responsible for the delay at the transfer point which leads to passengers missing their connecting flight. Passengers who miss a connecting flight should also be able to claim compensation on a similar basis to those whose flights are delayed or cancelled. Members added a minimum threshold of 90 minutes of delay to the preceding flight at the transfer point, which shall entitle the passenger to compensation provided that the delay at the final destination of the journey is more than three or five hours respectively.
Denied boarding : the current definition of ‘denied boarding’ should be modified in order to include cases where a passenger misses a flight because the departure time has been brought forward. In order to improve levels of protection, it should not be possible for passengers to be denied boarding on a section of the journey of a two-way (return) ticket on the grounds that they have not travelled on every leg of the journey covered by the ticket.
An airline may not refuse boarding to a passenger with a disability or reduced mobility on the grounds that he/she is unaccompanied and may not insist on another person systematically accompanying him/her.
Information on passenger rights : the resolution called for the presence of a local point of contact representing the air carrier at the airport, with the ability to take immediate action on behalf of the carrier in case of necessity. The operating air carrier shall provide the passengers with clearly legible and transparent information about passenger rights and contacts for help and assistance on electronic tickets and electronic and printed versions of a boarding card.
In the event of denied boarding, flight cancellation, delay or change of schedule of at least two hours, the operating air carrier shall as soon as possible fully inform the passenger affected and provide him with a written notice or a notice in electronic form setting out the rules for compensation and assistance, and shall inform him of possible alternative transport modes. The air carrier shall have documents available at the check-in counter and the boarding gate containing the European Air Passengers Charter , which its staff shall give to air passengers on request. The European Commission shall update such documents Charter every time there is a substantial change to air passengers' rights.
Luggage : passengers would have to be informed early in the booking process about baggage allowances. A new Article has been included stipulating that passengers should be permitted to carry on board into the cabin, free of charge, essential personal items or belongings such as coats and handbags, including at least one standardised bag of airport shopping, in addition to the prescribed maximum cabin baggage allowance.
Contingency plans : the amended text stated that to ensure that passengers are not stranded when an air carrier goes bankrupt , Parliament inserted requirements for carriers to have in place appropriate guarantee mechanisms , such as guarantee funds, or to take out insurance policies. The contingency plan shall be set up by the airport management body in cooperation with the airport users, in particular the air carriers, the suppliers of ground handling services, the air navigation service providers, the airport retail outlets, and special assistance providers for disabled passengers or passengers with reduced mobility, and with the participation of the relevant national, regional or local authorities and organisations when appropriate.
Complaints procedure : the amended text introduced several amendments on claims and complaint procedures, in order to align the text with the new Directive 2013/11/EU on Alternative Dispute Resolution (ADR) which obliges Member States to create national bodies to deal with out-of-court resolution. These will be the future handling bodies of passenger complaints.
Air carriers which fail to reply to a complaint within 2 months would be deemed to have accepted the passenger’s claims. Those citing “extraordinary circumstances” in which they need not pay compensation would have to give the passenger a full written explanation. The draft rules include an exhaustive list of such circumstances, which include bird strikes, political unrest and unforeseen labour disputes.
However, in long-lasting extraordinary circumstances, air carriers’ liability to pay for passenger accommodation would be limited to 5 nights. If the passenger decides to arrange his own accommodation, it may further limit the cost of accommodation to EUR 125 per night, per passenger. If the operating air carrier chooses to apply this limitation, it shall nevertheless provide the passengers with information about available accommodation after the five nights, in addition to the continued obligations for information.
Lost and damaged or delayed baggage : for practical reasons a special baggage claim service should be available at all airports, in order to speed up and facilitate the procedure. A standardised EU-wide claim form should be made available alongside the revised regulation.
The Council held a policy debate on a proposed update of the EU rules on air passenger rights.
Clarifying grey areas in existing legislation : Ministers generally agreed about the need to clarify the current rules. Several ministers underlined that the most important goal for passengers is to get to their destination and receive proper care and attention.
Most of them stressed the importance of striking the right balance between the rights of passengers and the need to avoid disproportionate costs for air carriers, thus preserving the competitiveness of EU airlines.
Addressing the disproportionate costs that some obligations may impose on air carriers in the event of delayed or cancelled flights : most ministers expressed their opposition to linking the amount of compensation to the ticket price in the event of a delay, mentioning reasons such as (i) the volatility of ticket prices, (ii) the difficulty of determining the price of tickets which are part of a package and (ii) the principle of non-discrimination. A number of ministers considered instead that the basis for compensation should be the harm caused to the passenger and that compensation should not be an end in itself.
Several ministers were of the view that if the air carrier operating the first part of a combination flight is delayed, it should be the one to pay compensation .
Ministers also cautioned against rules that would encourage companies to limit their offer of combination flights or even to cancel flights.
According to some ministers the provisions as proposed by the Commission still need further clarification. Ministers' contributions will guide further examination of the proposal in the Council preparatory bodies.
PURPOSE: to modify the current legal framework in order to ensure a more effective application of the rights of airline passengers in the Union.
PROPOSED ACT: Regulation of the European Parliament and of the Council (amendment of Regulation (EC) N° 261/2004 and Regulation (EC) N° 2027/97).
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: Regulation (EC) No 261/2004 of the European Parliament and of the Council establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and Council Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air have significantly contributed to protecting the rights of air passengers when their travel plans are disrupted by denied boarding, long delays, cancellations or mishandled baggage.
A number of shortcomings revealed during the implementation of the rights under the Regulations have, however, prevented their full potential in terms of passenger protection from being realised. In order to ensure a more effective, efficient and consistent application of air passenger rights across the Union, a series of adjustments to the current legal framework is required. This was underlined in the Commission’s 2010 EU Citizenship Report on dismantling obstacles to EU citizens' rights , which announced measures to ensure a set of common rights, notably for air passengers, and the adequate enforcement of these rights.
In its resolution of 29 March 2012 , the European Parliament considered that proper application of the existing rules by Member States and air carriers, enforcement of sufficient means of redress and providing passengers with accurate information concerning their rights should be the cornerstones of regaining passengers’ trust.
IMPACT ASSESSMENT: the Commission evaluated four options:
Option 1 : focus on economic incentives (moderate change of enforcement);
Option 2 : balance stronger enforcement policy with economic incentives:
· Variant 2a : increasing the time threshold after which the passenger has a right to compensation in case of delays from the current three hours to at least five;
· Variant 2b : extending the scope of "extraordinary circumstances" to include most technical defaults;
Option 3 : focus on stronger enforcement and clarify passenger rights;
Option 4 : centralised enforcement.
The impact assessment concludes that option 2 is preferable to the others, as it would most effectively and efficiently enhance passengers' rights while taking into account the financial impact on the air transport sector. Variant 2a is slightly preferred to 2b.
LEGAL BASIS: Article 100 (2) of the Treaty on the Functioning of the European Union (TFEU).
CONTENT: the proposal aims to promote the interest of air passengers by ensuring that air carriers comply with a high level of air passenger protection during travel disruptions, while taking into account the financial implications for the air transport sector and ensuring that air carriers operate under harmonised conditions in a liberalised market.
In concrete terms, the proposal:
· clarifies the definition of "extraordinary circumstances in line with the European Court's decision in the case C-549/07 (Wallentin-Herman) i.e. circumstances which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control;
· increases the time threshold after which the right to compensation arises from three to five hours for all journeys within the EU . For journeys to/from third countries, the threshold will be dependent upon the distance of the journey: (i) 5 hours for outside-EU journeys of 3500 km or less; (ii) 9 hours for outside–EU journeys between 3500 and 6000 km, and (iii) 12 hours for outside-EU journeys of 6000 km and more;
· stipulates that if the air carrier cannot reroute the passenger on its own services within 12 hours, it must consider other carriers or other transport modes, subject to seat availability;
· introduces a single time threshold for care of 2 hours for flights of all distances;
· confirms that passengers that miss a flight connection because their previous flight was delayed have a right to care and, under certain circumstances, a right to compensation. However, such right would only apply where the connecting flights are part of a single contract of carriage;
· confirms that passengers of flights rescheduled with a notice of period of less than two weeks in advance of the originally scheduled time have similar rights to delayed passengers;
· clearly sets out the rights of passengers when their aircraft is delayed on the tarmac, in particular a right to disembark after five hours ;
· provides that passengers should have a right to information about the flight disruption as soon as the information is available;
· clarifies the role of the National Enforcement Bodies (NEBs), and extends their role to the monitoring of compliance with the baggage provisions of Regulation (EC) No 2027/97, and also enhances the exchange of information and the coordination between the NEBs, and between the NEBs and the Commission;
· requires air carriers to inform passengers, at the time of reservation, about their claim and complaint handling procedures, and provide electronic means to submit complaints. Airlines will be required to respond to passengers within two months.
Lastly, the proposal ensures better enforcement of passenger rights with regard to mishandled baggage : (i) passengers with reduced mobility should have the same right to free movement, and non-discrimination as other citizens; (ii) increased liability of air carriers with regard to mobility equipment up to the actual value of the equipment; (iii) enhanced transparency with regard to baggage allowances ; (iv) measures with regard to musical instruments; (v) require air carriers to issue a claim form at the airport where passengers can complain about delayed, damaged or lost baggage
BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget.
DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.
Documents
- Debate in Council: 3318
- Commission response to text adopted in plenary: SP(2014)446
- Results of vote in Parliament: Results of vote in Parliament
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading: T7-0092/2014
- Committee report tabled for plenary, 1st reading/single reading: A7-0020/2014
- Committee report tabled for plenary, 1st reading: A7-0020/2014
- Debate in Council: 3278
- Committee opinion: PE516.966
- Debate in Council: 3261
- Amendments tabled in committee: PE519.451
- Amendments tabled in committee: PE521.519
- Contribution: COM(2013)0130
- Committee draft report: PE510.868
- Economic and Social Committee: opinion, report: CES2576/2013
- Contribution: COM(2013)0130
- Contribution: COM(2013)0130
- Debate in Council: 3243
- Contribution: COM(2013)0130
- Contribution: COM(2013)0130
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2013)0062
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2013)0063
- Legislative proposal published: COM(2013)0130
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2013)0062
- Document attached to the procedure: EUR-Lex SWD(2013)0063
- Economic and Social Committee: opinion, report: CES2576/2013
- Committee draft report: PE510.868
- Amendments tabled in committee: PE519.451
- Amendments tabled in committee: PE521.519
- Committee opinion: PE516.966
- Committee report tabled for plenary, 1st reading/single reading: A7-0020/2014
- Commission response to text adopted in plenary: SP(2014)446
- Contribution: COM(2013)0130
- Contribution: COM(2013)0130
- Contribution: COM(2013)0130
- Contribution: COM(2013)0130
- Contribution: COM(2013)0130
Activities
- Georges BACH
- Michael CRAMER
- William (The Earl of) DARTMOUTH
- Saïd EL KHADRAOUI
Plenary Speeches (2)
- 2016/11/22 Compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (debate)
- 2016/11/22 Compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (A7-0020/2014 - Georges Bach) (vote)
- Luis de GRANDES PASCUAL
- Dieter-Lebrecht KOCH
- Jörg LEICHTFRIED
- Eva LICHTENBERGER
- Hans-Peter MAYER
Plenary Speeches (2)
- 2016/11/22 Compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (debate)
- 2016/11/22 Compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (A7-0020/2014 - Georges Bach) (vote)
- Gesine MEISSNER
- Inés AYALA SENDER
Plenary Speeches (1)
- Erik BÁNKI
Plenary Speeches (1)
- Philip BRADBOURN
Plenary Speeches (1)
- Zuzana BRZOBOHATÁ
Plenary Speeches (1)
- Spyros DANELLIS
Plenary Speeches (1)
- Jacqueline FOSTER
Plenary Speeches (1)
- Julie GIRLING
Plenary Speeches (1)
- Mathieu GROSCH
Plenary Speeches (1)
- Jim HIGGINS
Plenary Speeches (1)
- Karin KADENBACH
Plenary Speeches (1)
- Jaromír KOHLÍČEK
Plenary Speeches (1)
- Bogdan Kazimierz MARCINKIEWICZ
Plenary Speeches (1)
- Miroslav MIKOLÁŠIK
Plenary Speeches (1)
- Andreas MÖLZER
Plenary Speeches (1)
- Ria OOMEN-RUIJTEN
Plenary Speeches (1)
- Hubert PIRKER
Plenary Speeches (1)
- Phil PRENDERGAST
Plenary Speeches (1)
- Vilja SAVISAAR-TOOMAST
Plenary Speeches (1)
- Olga SEHNALOVÁ
Plenary Speeches (1)
- Brian SIMPSON
Plenary Speeches (1)
- Dubravka ŠUICA
Plenary Speeches (1)
- Keith TAYLOR
Plenary Speeches (1)
- Silvia-Adriana ȚICĂU
Plenary Speeches (1)
- Bernadette VERGNAUD
Plenary Speeches (1)
- Oldřich VLASÁK
Plenary Speeches (1)
- Sir Graham WATSON
Plenary Speeches (1)
Votes
A7-0020/2014 - Georges Bach - Am 171 #
A7-0020/2014 - Georges Bach - Am 172=Am 173 #
A7-0020/2014 - Georges Bach - Résolution législative #
Amendments | Dossier |
635 |
2013/0072(COD)
2013/10/08
IMCO
145 amendments...
Amendment 100 #
Proposal for a regulation Recital 10 (10) Airports and airport users such as air carriers
Amendment 101 #
Proposal for a regulation 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).
Amendment 102 #
Proposal for a regulation Recital 11 a (new) (11a) In order to take account of the financial impact on the air transport sector in the low-cost sector as well, it should be possible to claim compensatory payments amounting to the full price of the fare, but not exceeding the amounts referred to in this Regulation. This fare should cover the outward and homeward flights, including all ancillary charges, for example for baggage. This entitlement should apply, for the corresponding amount, for each flight delayed. Accordingly, where an outward journey and a return journey are delayed, there should be an entitlement to two compensatory payments, each covering the total ticket price.
Amendment 103 #
Proposal for a regulation Recital 12 (12) To ensure legal certainty, Regulation
Amendment 104 #
Proposal for a regulation Recital 17 Amendment 105 #
Proposal for a regulation Recital 18 (18) For disabled persons, persons with reduced mobility and other persons with special needs such as unaccompanied children, pregnant women and persons in need of specific medical attention, it may be more difficult to arrange accommodation when flight disruptions occur. Therefore, any limitations on the right for accommodation in cases of extraordinary circumstances
Amendment 106 #
Proposal for a regulation Recital 18 (18) For the most vulnerable passengers, such as disabled persons, persons with reduced mobility and other persons with special needs such as unaccompanied children, pregnant women and persons in need of specific medical attention, it may be more difficult to arrange accommodation when flight disruptions occur. Therefore, any limitations on the right for accommodation in cases of extraordinary circumstances or for regional operations should not apply to these categories of passenger.
Amendment 107 #
Proposal for a regulation Recital 20 (20) Passengers should not only be correctly informed about their rights in cases of flight disruption, but they should also be adequately informed about the cause of the disruption itself, as soon as the information becomes available. This information should also be provided where the passenger has acquired the ticket through an intermediary established in the Union. Passengers should also be informed as to the simplest and most rapid procedures for making claims and complaints, enabling them to exercise their rights.
Amendment 108 #
Proposal for a regulation Recital 21 (21) In order to ensure a better enforcement of passenger rights, the role of the National Enforcement Bodies should be more precisely defined and clearly distinguished from the handling of individual passenger complaints.
Amendment 109 #
Proposal for a regulation 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 period. Passengers should also have the option to complain about air carriers via out-of-court measures. For this purpose, they must be given the addresses and contact details of all bodies responsible for completion of the relevant formalities in each country. 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 110 #
Proposal for a regulation Recital 22 (22) Passengers should be adequately informed about the relevant procedures for submitting claims and complaints to air
Amendment 111 #
Proposal for a regulation Recital 28 (28) Passengers are sometimes confused about the baggage they are allowed to take on board, in terms of dimensions, weight or number of items. In order to ensure that passengers are fully aware of the baggage allowances included in their ticket, both for cabin and hold baggage, air carriers should clearly indicate these allowances at booking and at the airport. In addition to a cabin trolley case, passengers should also be allowed to take a small holdall with them so that important personal items, such as a wallets/purses or medicines, do not have to be taken out of cases on board, which are usually stowed in compartments directly overhead, but, because of a lack of space, may be stowed above other passengers further away. The approach taken by Ryanair is therefore not permitted.
Amendment 112 #
Proposal for a regulation Recital 28 a (new) (28a) Essential personal items and airport shopping should always be allowed at no extra cost, in addition to the prescribed cabin baggage allowance.
Amendment 113 #
Proposal for a regulation Recital 28 a (new) (28a) In order to protect passengers from excessive hand luggage restrictions, they should be allowed to take into the cabin free of charge certain basic personal possessions, including items purchased at the airport, over and above the maximum cabin baggage allowance.
Amendment 114 #
Proposal for a regulation Recital 33 (33) It is necessary that the monetary limits expressed in Regulation (EC) No 2027/97 should be amended in order to take into account economic developments
Amendment 115 #
Proposal for a regulation Recital 34 a (new) (34a) This regulation should also apply to the Airport of Gibraltar as a British Overseas Territory and an airport within the European Union.
Amendment 116 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point d Regulation (EC) No 261/2004 Article 2 – point l Amendment 117 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point d Regulation (EC) No 261/2004 Article 2 – point l Amendment 118 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point m Amendment 119 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point m “extraordinary circumstances” means circumstances which, by their nature or origin, are not inherent in the normal
Amendment 120 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point m “extraordinary circumstances” means circumstances which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control. For the purposes of this Regulation, extraordinary circumstances shall include the circumstances set out in the
Amendment 121 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point m «extraordinary circumstances» means circumstances which, by their nature or origin, are
Amendment 122 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point m «extraordinary circumstances» means circumstances which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control. For the purposes of this Regulation, extraordinary circumstances shall include the circumstances set out in the Annex, the list of which is not exhaustive;
Amendment 123 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point o «connecting flight» means a flight which, under a single contract of carriage and on the basis of a single reservation reference, is intended to enable the passenger to arrive at a transfer point in order to depart on another flight, or,
Amendment 124 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point o “connecting flight” means a flight which, under a single contract of carriage and a single booking reference, is intended to enable the passenger to arrive at a transfer point in order to depart on another flight, or, where appropriate in the context, means that other flight departing from the transfer point.
Amendment 125 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point s Amendment 126 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point v Amendment 127 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point w «tarmac delay» means, at departure, the time the aircraft remains on the ground between the
Amendment 128 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point -a (new) Regulation (EC) No 261/2004 Article 3 – paragraph 1 – point b (b) to passengers 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 or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier or the flight was a return flight booked together with a corresponding flight departing from an airport in the EU by a Community carrier.
Amendment 129 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point a Regulation (EC) No 261/2004 Article 4 – paragraph 3 If boarding is denied to passengers against their will, the operating air carrier shall immediately and without any further formality compensate them in accordance with Article 7 and assist them in accordance with Article 8. Where the passenger opts for rerouting at the earliest opportunity pursuant to Article 8(1)(b) and where the departure time is at least two hours after the initial departure time, the operating carrier shall assist the passenger in accordance with Article 9.
Amendment 130 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point a Regulation (EC) No 261/2004 Article 4 – paragraph 3 If boarding is denied to passengers against their will on the outward or homeward flight, the operating air carrier shall immediately compensate them in accordance with Article 7 and assist them in accordance with Article 8. Where the passenger opts for rerouting at the earliest opportunity pursuant to Article 8(1)(b)
Amendment 131 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point b Regulation (EC) No 261/2004 Article 4 – paragraph 4 Amendment 132 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point b Regulation (EC) No 261/2004 Article 4 – paragraph 4 Paragraphs 1, 2 and 3 shall also apply to onward and return tickets where the passenger is denied boarding at the return or onward journey on the grounds that he/she did not take the
Amendment 133 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point b Regulation (EC) No 261/2004 Article 4 – paragraph 4 Paragraphs 1, 2 and 3 shall also apply to return tickets where the passenger is denied boarding at the return journey on the grounds that he/she did not take the outward journey or did not pay an additional charge for this purpose. Denied boarding within the meaning of this paragraph shall not have occurred if a ticket covers more than two flights and the passenger is not carried because he/she has not taken all preceding flights or has not taken them in the agreed order. Should that be the result of unavoidable extraordinary circumstances, the passenger may take the remaining flights making up the journey, in the agreed order, provided that he/she provides evidence of those circumstances by the time of the next flight at the latest.
Amendment 134 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point b Paragraphs 1, 2 and 3 shall also apply to return tickets where the passenger is denied boarding at the return journey on the grounds that he/she did not take the outward journey or did not pay an additional charge for this purpose. (This amendment concerns the Greek version only. It is intended to correct a mistake in the Greek version of the Commission proposal, which makes reference to paragraphs 1 and 2 only, and not to paragraphs 1, 2 and 3 as in the other language versions.)
Amendment 135 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point b Regulation (ΕC) No 261/2004 Article 4 – paragraph 4 Paragraphs 1, 2 and 3 shall also apply to return tickets where the passenger is denied boarding at the return journey on the grounds that he/she did not take the outward journey or did not pay an additional charge for this purpose. (This amendment concerns the Greek version only. It is intended to correct a mistake in the Greek version of the Commission proposal, which makes reference to paragraphs 1 and 2 only, and not to paragraphs 1, 2 and 3 as in the other language versions.)
Amendment 136 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point b Regulation (EC) No 261/2004 Article 4 – paragraph 5 Where the passenger, or an intermediary acting on behalf of the passenger, reports a spelling mistake in the name, or an error in the title, 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
Amendment 137 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point b Regulation (EC) No 261/2004 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
Amendment 138 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point b Regulation (EC) No 261/2004 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 flight operated by the same aircraft. Should the operating air carrier not provide evidence, within two weeks, of what the specific extraordinary circumstances outside its area of responsibility were and that all necessary action was taken to prevent the flight from being cancelled or delayed, the passenger shall receive, without delay, the compensation provided for by this Regulation.
Amendment 139 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point c a (new) Regulation (EC) No 261/2004 Article 5 – paragraph 5 a (new) (ca) The following paragraph 5a is added: '5a. In the event of cancellation of a flight due to the insolvency of an air carrier or suspension of operations of an air carrier, passengers shall have the right to reimbursement or a return flight to the point of departure in accordance with point (a) of Article 8(1) and the right to care as specified in Article 9. Air carriers shall provide sufficient evidence of security for the costs of reimbursement and repatriation.’
Amendment 140 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 1 – point i Amendment 141 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 1 – point ii when the delay is of at least
Amendment 142 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 1 – point iii when the delay is of at least
Amendment 143 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point a Amendment 144 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point a Amendment 145 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point a Amendment 146 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point b Amendment 147 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point b Amendment 148 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point b Amendment 149 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point c Amendment 150 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point c Amendment 151 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point c Amendment 152 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 4 An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay or change of schedule is caused by extraordinary circumstances and that the delay or change of schedule 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 flight operated by the same aircraft. The passenger may insist that the carrier provides full information on these extraordinary circumstances.
Amendment 153 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 4 – point 4 a (new) 4a. If the aircraft is rerouted to land at an airport other than the one initially scheduled for reasons beyond the air carrier's control, the latter shall arrange to transfer its passengers as rapidly as possible to the scheduled point of arrival and shall provide them with assistance in accordance with Article 8(1)(a).
Amendment 154 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 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
Amendment 155 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) 261/2004 Article 6 – paragraph 5 Subject to safety constraints, where a tarmac delay
Amendment 156 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 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
Amendment 157 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 5 Subject to safety constraints, where a tarmac delay
Amendment 158 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 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 f
Amendment 159 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 5 a (new) Where a tarmac delay of over one hour occurs, meals and refreshments shall be served in accordance with Article 9(1)(a).
Amendment 160 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point c a Regulation (EC) No 261/2004 Article 6 – paragraph 5 a (new) 5a. Paragraph 5a (new) is added: "5a. In the event of cancellation of a flight due to the insolvency of an air carrier or suspension of operations of an air carrier due to the revocation of its operating licence, passengers shall have the right to reimbursement or a return flight to the point of departure in accordance with point (a) of Article 8(1) and the right to care as specified in Article 9. Air carriers shall provide sufficient evidence of security for reimbursement and repatriation costs.’
Amendment 161 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EC) No 261/2004 Article 6 a – paragraph 1 Where a passenger misses a connecting flight as a result of a delay or change of schedule to a preceding flight, the Community air carrier
Amendment 162 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Where a passenger misses a connecting flight as a result of a delay or change of schedule to a preceding flight, the Community air carrier
Amendment 163 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EC) No 261/2004 Article 6 a – paragraph 1 – introductory part Where a passenger misses a connecting flight as a result of a delay or change of schedule to a preceding flight, the Community air carrier
Amendment 164 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EC) No 261/2004 Article 6 a – paragraph 1 Where a passenger misses a connecting
Amendment 165 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EC) No 261/2004 Article 6a – paragraph 1 – introductory part Where a passenger misses a connecting flight as a result of a delay or change of schedule to a preceding flight, the Community air carrier
Amendment 166 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EC) No 261/2004 Article 6a – paragraph 1 – point i the assistance specified in Article 9(1)(a) and 9(2)
Amendment 167 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EC) No 261/2004 Article 6a – paragraph 1 – point iii when the scheduled time of departure of the alternative flight or other transport offered under Article 8 is at least
Amendment 168 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EC) No 261/2004 Article 6 a – paragraph 2 Amendment 169 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EC) No 261/2004 Article 6 a – paragraph 2 Amendment 170 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EC) No 261/2004 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
Amendment 171 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EC) No 261/2004 Article 6 a – paragraph 2 Where a passenger misses a connecting flight as a result of a delay to a preceding connecting flight, even owing to exceptional circumstances, 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 destination.
Amendment 172 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EC) No 261–2004 Article 6 a – paragraph 2 a (new) 2a. Member States shall ensure that parties who opt to resolve a dispute by means of procedures before National Enforcement Bodies or Alternative Dispute Resolution bodies as referred to in Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC,1 whose outcome is not binding, are not subsequently prevented from bringing legal proceedings in relation to the same dispute due to expiry of the time limit during such a procedure. This shall be without prejudice to provisions on limitations or prescription contained in international agreements to which Member States are party. __________________ 1 OJ L 165, 18.6.2013, p. 63.
Amendment 173 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Amendment 174 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EC) No 261/2004 Article 6 a – paragraph 3 Amendment 175 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EC) No 261/2004 Article 6 – paragraph 4 Paragraphs 1 a
Amendment 176 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EC) No 261/2004 Article 6 a – paragraph 4 Paragraph
Amendment 177 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 – point -a (new) Regulation (EC) No 261/2004 Article 7 – paragraph 1 – introductory part Amendment 178 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 – point a Regulation (EC) No 261/2004 Article 7 – paragraph 1 Amendment 179 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 – point b Regulation (EC) No 261/2004 Article 7 – paragraph 3 The compensation referred to in paragraph 1 shall be paid within seven days at the latest, in cash, by electronic bank transfer, bank orders or bank cheques or, subject to the signed agreement of the passenger, in the form of travel vouchers and/or other services.
Amendment 180 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 – point b Regulation (EC) No 261/2004 Article 7 – paragraph 5 Amendment 181 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 – point b The air carrier may reach a voluntary agreement with the passenger that replaces the compensation provisions set out in paragraph 1 with travel vouchers and/or other services, provided that this agreement is confirmed by a document signed by the passenger which reminds the passenger of his rights to compensation under this Regulation. The burden of proof in relation with the above mentioned agreement, lies with the operating air carrier.“
Amendment 182 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 Regulation (EC) No 261/2004 Article 8 – paragraph 1 – point a reimbursement within seven working days of the passenger's request, by the means provided for in Article 7(3), of the
Amendment 183 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 – point b Regulation (EC) No 261/2004 Article 9 – paragraph 4 If the operating air carrier can prove that the cancellation, delay or change of schedule is caused by extraordinary circumstances and that the cancellation, delay or change of schedule could not have been avoided even if all reasonable measures had been taken, it may limit the total cost of accommodation provided according to paragraph 1(b) to EUR 1
Amendment 184 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 – point b Regulation (EC) No 261/2004 Article 9 – paragraph 4 If the operating air carrier can prove that the cancellation, delay or change of
Amendment 185 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 – point b Regulation (EC) No 261/2004 Article 9 – paragraph 4 If the operating air carrier can prove that the cancellation, delay or change of schedule is caused by extraordinary circumstances and that the cancellation, delay or change of schedule could not have been avoided even if all reasonable measures had been taken, it may limit the total cost of accommodation provided according to paragraph 1(b) to EUR 100 per night and per passenger and to a maximum of
Amendment 186 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 – point b Regulation (EC) No 261/2004 Article 9 – paragraph 4 If the operating air carrier can prove that the cancellation, delay or change of schedule is caused by extraordinary circumstances and that the cancellation, delay or change of schedule could not have been avoided even if all reasonable measures had been taken, it may limit the total cost of accommodation provided according to paragraph 1(b) to EUR
Amendment 187 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 – point b If the operating air carrier can prove that the cancellation, delay or change of schedule is caused by extraordinary circumstances and that the cancellation, delay or change of schedule could not have been avoided even if all reasonable measures had been taken correctly, it may limit the total cost of accommodation provided according to paragraph 1(b) to EUR
Amendment 188 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 – point b Regulation (EC) No 261/2004 Article 9 – paragraph 5 Amendment 189 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 – point b Regulation (EC) No 261/2004 Article 9 – paragraph 5 Amendment 190 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 – point b Regulation (EC) No 261/2004 Article 9 – paragraph 6 Where a passenger opts for reimbursement pursuant to Article 8(1)(a) while being at
Amendment 191 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EC) No 261/2004 Article 14 – paragraph -1 (new) The following is inserted before paragraph 1: ‘-1. Air carriers shall ensure that contact personnel or third parties appointed to act as agents of the air carrier concerned are available at every airport where they operate in order to provide passengers with the necessary information about their rights, including complaint procedures, to assist them, and to take immediate action if flights have been disrupted or baggage has been lost or delayed .’
Amendment 192 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EC) No 261/2004 Article 14 – paragraph 5 In the event of cancellation or delay in departure, passengers shall be informed by the operating air carrier of the situation as soon as possible and in any event no later than
Amendment 193 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EC) No 261/2004 Article 14 – paragraph 6 Where the passenger does not acquire a ticket directly from the operating air carrier, but via an intermediary established within the Union, this intermediary shall provide the passenger's contact details to the air carrier, on condition that the passenger has given his explicit and written authorisation. This authorisation may only be given on an “opt-in” basis. The air carrier may use these contact details exclusively for the purpose of fulfilling the
Amendment 194 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 Regulation (EC) No 261/2004 Article 16 a – 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 3 months from the date on which the flight was performed or was scheduled to be performed. Within 7 working 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 195 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 Regulation (EC) No 261/2004 Article 16 a – paragraph 2 If a passenger wants to lodge a claim with, or make a complaint to, the air carrier
Amendment 196 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 Regulation (EC) No 261/2004 Article 16 a – 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
Amendment 197 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 Regulation (EC) No 261/2004 Article 16 a – 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
Amendment 198 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 Regulation (EC) No 261/2004 Article 16 a – paragraph 5 Amendment 199 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 Regulation (EC) No 261/2004 Article 16 a – paragraph 5 a (new) Amendment 200 #
Proposal for a regulation Article 1 – paragraph 1 – point -1 (new) Regulation (EC) No 261/2004 Article 1 – paragraph 3 Amendment 201 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Regulation (EC) No 2027/97 Article 6 – point d – paragraph 1 a (new) Passengers shall be allowed to carry in the cabin essential personal items or belongings, including airport shopping, at no extra cost in addition to the prescribed cabin baggage allowance.
Amendment 202 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Regulation 2027/97 Article 6 – point d – subparagraph 1 Amendment 203 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Regulation (EC) No 2027/97 Article 6 – point d – 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
Amendment 204 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Regulation (EC) No 2027/97 Article 6 – point d – paragraph 1 Amendment 205 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Regulation (EC) No 2027/97 Article 6 d – paragraph 1 Amendment 206 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Regulation (EC) No 2027/97 Article 6 d – paragraph 1 a (new) 1a. In addition to the permitted maximum hand luggage allowance, passengers may carry in the cabin, free of charge, up to 5 kg of essential personal items or belongings, including airport shopping.
Amendment 207 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Regulation (EC) No 2027/97 Article 6 d – paragraph 1 a (new) Passengers shall be allowed to take into the cabin free of charge their basic personal possessions, including items purchased at the airport, over and above the maximum cabin baggage allowance.
Amendment 209 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Regulation (EC) No 2027/97 Article 6 – point d – paragraph 1 a (new) The following paragraph 1a is inserted in Article 6d: '1a. In addition to the prescribed maximum cabin baggage allowance, passengers shall be allowed to carry in the cabin airport shopping, free of charge.'
Amendment 210 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Regulation (EC) No 2027/97 Article 6 – point d – paragraph 2 Amendment 211 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Regulation (EC) No 2027/97 Article 6 d – paragraph 1 a (new) Passengers shall be entitled to take on board free of charge, in addition to their cabin baggage allowance, any purchases from the airport departure area.
Amendment 212 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Regulation (EC) No 2027/97 Article 6 – point e – paragraph 2 Where a musical instrument is too large to be stowed safely in a suitable baggage compartment within the cabin or under an appropriate passenger seat, an air carrier may request the payment of a second fare where such musical instruments are carried as hand luggage on a second seat. Where a second seat is purchased an air carrier should make reasonable efforts to seat the passenger and the musical instrument concerned together. Where available and if requested, musical instruments shall be
Amendment 213 #
Proposal for a regulation Annex 1 Regulation (EC) No 261/2004 Annex 1 – title Annex:
Amendment 214 #
Proposal for a regulation Annex 1 Regulation (EC) No 261/2004 Annex 1 – title Annex:
Amendment 215 #
Proposal for a regulation Annex 1 Regulation (EC) No 261/2004 Annex 1 – point 1 – introductory part The following circumstances shall be uncontestably considered as extraordinary:
Amendment 216 #
Proposal for a regulation Annex 1 Regulation (EC) No 261/2004 Annex 1 – point 1 – introductory part The following circumstances shall always, as a binding rule, be considered as extraordinary:
Amendment 217 #
Proposal for a regulation Annex 1 Amendment 218 #
Proposal for a regulation Annex 1 Regulation (EC) No 261/2004 Annex 1 – point 1 – point ii technical problems
Amendment 219 #
Proposal for a regulation Annex 1 Regulation (EC) No 261/2004 Annex 1 – point 1 – point ii technical problems
Amendment 220 #
Proposal for a regulation Annex 1 Regulation (EC) No 261/2004 Annex 1 – point 1 – point ii a (new) war, political unrest, and riots rendering impossible the safe operation of the flight;
Amendment 221 #
Proposal for a regulation Annex 1 War, conflicts political instability, security risks, acts of sabotage or terrorism rendering impossible the safe operation of the flight;
Amendment 222 #
Proposal for a regulation Annex 1 Regulation (EC) No 261/2004 Annex 1 – point 1 – point vi Unforeseen meteorological conditions incompatible with flight safety; and
Amendment 223 #
Proposal for a regulation Annex 1 Regulation (EC) No 261/2004 Annex 1 – point 1 – point vi a (new) bird strike;
Amendment 224 #
Proposal for a regulation Annex 1 Regulation (EC) No 261/2004 Annex 1 – point 1 – point vii labour disputes at
Amendment 225 #
Proposal for a regulation Annex 1 Regulation (EC) No 261/2004 Annex 1 – point 1 – point vii a (new) official radar blackout in the airspace concerned and closure of an airport by the airport managing body;
Amendment 226 #
Proposal for a regulation Annex 1 Regulation (EC) No 261/2004 Annex 1 – point 2 – point i Amendment 227 #
Proposal for a regulation Annex 1 Regulation (EC) No 261/2004 Annex 1 – point 2 – point i technical problems
Amendment 228 #
Proposal for a regulation Annex 1 Regulation (EC) No 261/2004 Annex 1 – point 2 – point ii unavailability of flight crew or cabin crew
Amendment 229 #
Proposal for a regulation Annex 1 Regulation (EC) No 261/2004 Annex 1 – point 2 – point ii unavailability of flight crew or cabin crew
Amendment 230 #
Proposal for a regulation Annex 1 Regulation (EC) No 261/2004 Annex 1 – point 2 – point ii a (new) severe weather conditions, unless the airspace or airport concerned has been officially closed by the airport managing body;
Amendment 231 #
Proposal for a regulation Annex 1 Regulation (EC) No 261/2004 Annex 1 – point 2 – point ii b (new) the onset of winter, given that aircraft have to be kept operational;
Amendment 232 #
Proposal for a regulation Annex 1 Regulation (EC) No 261/2004 Annex 1 – point 2 – point ii c (new) any delays caused by incidents affecting a preceding flight;
Amendment 233 #
Proposal for a regulation Annex 1 Regulation (EC) No 261/2004 Annex 1 – point 2 – point ii d (new) removal of ownerless baggage from the hold;
Amendment 234 #
Proposal for a regulation Annex 1 Regulation (EC) No 261/2004 Annex 1 – point 2 – point ii e (new) iced-up engine, no de-icer;
Amendment 235 #
Proposal for a regulation Annex 1 Regulation (EC) No 261/2004 Annex 1 – point 2 – point ii f (new) damage to the aircraft on the ground by a third party shortly before the scheduled departure time;
Amendment 236 #
Proposal for a regulation Annex 1 Regulation (EC) No 261/2004 Annex 1 – point 2 – point ii g (new) labour disputes at the operating air carrier.
Amendment 237 #
Proposal for a regulation Annex 2 Regulation (EC) No 2027/97 Annex 2 – paragraph 7 If the baggage is damaged, delayed, lost or destroyed, the passenger must in all cases write and complain to the air carrier as soon as possible. A time limit to complain of
Amendment 92 #
Proposal for a regulation Recital 3 (3) In order to increase legal certainty for air carriers and passengers, a more precise definition of the concept of ‘extraordinary circumstances’ is needed, which takes into account the judgement of the European Court of Justice in the case C-549/07 (Wallentin-Hermann). Such a definition should be further clarified via a
Amendment 93 #
Proposal for a regulation Recital 3 a (new) (3a) Where flights are cancelled or delayed because of extraordinary circumstances, air carriers should be obliged to provide evidence, within two weeks, of what the extraordinary circumstances were and of what action was taken to prevent the cancellations or delays.
Amendment 94 #
Proposal for a regulation Recital 6 a (new) (6a) In order to strengthen air passengers’ protection in the event of cancellations of flights due to the insolvency of an air carrier or the suspension of an air carrier’s operations due to the revocation of its operating licence, air carriers should be obliged to provide evidence of security for the reimbursement of passengers or their repatriation.
Amendment 95 #
Proposal for a regulation Recital 7 (7) In order to improve levels of protection, passengers
Amendment 96 #
Proposal for a regulation Recital 7 (7) In order to improve levels of protection, passengers
Amendment 97 #
Proposal for a regulation Recital 7 a (new) (7a) In order to prevent situations in which boarding is unjustifiably denied to minors without identification travelling with their parents, airlines will have to comply with the rules laid down in the national aviation safety plans;
Amendment 98 #
Proposal for a regulation Recital 9 a (new) Amendment 99 #
Proposal for a regulation Recital 9 a (new) (9a) Passengers must enjoy specific protection in the event of flight cancellations due to the insolvency of an air carrier or the suspension of an air carrier’s operations due to the revocation of its operating licence; air carriers should be obliged to provide sufficient evidence of security for the reimbursement of passengers or their repatriation.
source: PE-521.501
2013/10/09
TRAN
490 amendments...
Amendment 107 #
Proposal for a regulation Recital 2 a (new) (2a) It should be stressed in addition that, as well as rights, passengers have responsibilities and that, by fulfilling them, they can help ensure that everything will pass off safely and smoothly for themselves and other travellers before, during, and after the journey.
Amendment 108 #
Proposal for a regulation Recital 2 a (new) (2a) Air transport services are services, prepaid by the passenger, and directly or indirectly subsidised by the tax-payer. Flight tickets should therefore be considered as "result contracts", where the airlines guarantee to fulfil the obligations of the contract with the utmost care.
Amendment 109 #
Proposal for a regulation Recital 3 (3) In order to increase legal certainty for air carriers and passengers, a more precise definition of the concept of “extraordinary circumstances” is needed, which takes into account the judgement of the European Court of Justice in the case C-549/07 (Wallentin-Hermann). Such a definition should be further clarified via a
Amendment 110 #
Proposal for a regulation Recital 3 (3) In order to increase legal certainty for air carriers and passengers, a more precise definition of the concept of ‘extraordinary circumstances’ is needed, which takes into account the judgement of the European Court of Justice in the case C-549/07 (Wallentin-Hermann). Such a definition should be further clarified via a non- exhaustive list of circumstances that are clearly identified as extraordinary or not.
Amendment 111 #
Proposal for a regulation Recital 4 (4) In the case C-173/07 (Emirates), the European Court of Justice held that the concept of
Amendment 112 #
Proposal for a regulation Recital 5 Amendment 113 #
Proposal for a regulation Recital 5 a (new) (5a) Booking, payment for and confirmation of a ticket within the meaning of this Regulation shall constitute a commitment binding on both parties (passenger and air carrier). That being the case, and unless the parties specifically agree otherwise: - any passenger who does not present him/herself for boarding in keeping with Article 1(2)(a) and (b) of this Regulation shall forfeit the rights attached to his/her ticket for the flight concerned; - all air carriers are must honour their undertakings (date, time and place) in respect of passenger boarding, except in the extraordinary cases set out in this Regulation.
Amendment 114 #
Proposal for a regulation Recital 6 (6)
Amendment 115 #
Proposal for a regulation Recital 6 (6) Regulation (EC) No 261/2004
Amendment 116 #
Proposal for a regulation Recital 6 (6) Regulation (EC) No 261/2004 also applies to passengers that have booked their air transport as part of a package travel. However, it should be clarified that passengers may not cumulate corresponding rights, in particular under both this Regulation and Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours17 . The passengers should be able to
Amendment 117 #
Proposal for a regulation Recital 7 Amendment 118 #
Proposal for a regulation Recital 7 (7) In order to improve levels of protection, passengers should not be denied boarding on the return journey of a two-way (return) ticket because they have not taken the outward journey when circumstances outside their control, such as an accident, an illness or a death, have prevented them from reaching the airport in time to make the outward journey.
Amendment 119 #
Proposal for a regulation Recital 7 (7) In order to improve levels of protection, passengers
Amendment 120 #
Proposal for a regulation Recital 7 (7) In order to improve levels of protection, passengers should not be denied boarding on the return journey of a two-way (return) ticket because they have not taken the outward journey or if they have not used all the flight coupons in the right order.
Amendment 121 #
Proposal for a regulation Recital 7 (7) In order to improve levels of protection, passengers
Amendment 122 #
Proposal for a regulation Recital 7 a (new) (7a) In order to improve the level of protection, passengers may not be denied boarding because they failed to travel on the previous leg of the journey by a different mode of transport, such as bus or train, using the same ticket.
Amendment 123 #
Proposal for a regulation Recital 8 (8) At present, passengers are sometimes penalised for spelling errors in their names by the application of punitive administrative fees.
Amendment 124 #
Proposal for a regulation Recital 8 (8) At present, passengers are sometimes penalised for spelling errors in their names by the application of punitive administrative fees. Reasonable corrections of obvious booking errors should be provided once and free of charge provided they do not imply a change of times, date, itinerary or passenger.
Amendment 125 #
Proposal for a regulation Recital 9 b (new) (9b) For example, the creation of a guarantee fund or a compulsory insurance scheme will enable air carriers to ensure that passengers can be reimbursed or repatriated when their flights are cancelled due to the insolvency of an air carrier or the suspension of an air carrier’s operations due to the revocation of its operating licence.
Amendment 126 #
Proposal for a regulation Recital 10 (10)
Amendment 127 #
Proposal for a regulation Recital 10 a (new) (10a) Air carriers should organise and, together with the administrator of the airport, clearly indicate a service centre and a body of staff within the airport to which passengers have access during the opening hours of the airport in the event of problems arising in relation to flights.
Amendment 128 #
Proposal for a regulation 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) and the principle of equal treatment, which requires that comparable situations must not be treated differently. 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 129 #
Proposal for a regulation 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).
Amendment 130 #
Proposal for a regulation 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).
Amendment 131 #
Proposal for a regulation 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. T
Amendment 132 #
Proposal for a regulation 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
Amendment 133 #
Proposal for a regulation 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 interalia 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 134 #
Proposal for a regulation Recital 11 a (new) (11 a) Compensation for delays should depend on scheduled short, medium and long flights and take into account the passenger's lost time and inconvenience caused by the delay.
Amendment 135 #
Proposal for a regulation Recital 13 (13) Passengers missing a connecting flight should be properly cared for while waiting for rerouting.
Amendment 136 #
Proposal for a regulation Recital 13 (13) Passengers missing a connecting flight
Amendment 137 #
Proposal for a regulation Recital 13 (13) Passengers missing a connecting flight should be properly cared for while waiting for rerouting. In line with the principle of equal treatment and the judgement of the European Court of Justice in case C- 11/11 (Air France v. Folkerts), such passengers should be able to claim compensation on a similar basis to passengers whose flights are delayed or cancelled in light of the delay upon reaching the final destination of their journey.
Amendment 138 #
Proposal for a regulation Recital 13 a (new) (13 a) Disabled passengers or passengers with reduced mobility missing a connecting flight due to delay caused by airport assistance services shall be adequately cared for while waiting for re- routing. Such passengers should be able to claim compensation from the airport managing body on a similar basis to passengers whose flights are delayed or cancelled by the air carrier.
Amendment 139 #
Proposal for a regulation Recital 16 Amendment 140 #
Proposal for a regulation Recital 16 (16) Air carriers currently face unlimited liability for the accommodation of their passengers in the case of extraordinary circumstances of long duration.
Amendment 141 #
Proposal for a regulation Recital 17 Amendment 142 #
Proposal for a regulation Recital 17 Amendment 143 #
Proposal for a regulation Recital 18 (18) For
Amendment 144 #
Proposal for a regulation Recital 18 (18) For
Amendment 145 #
Proposal for a regulation Recital 18 a (new) Amendment 146 #
Proposal for a regulation Recital 18 a (new) (18 a) The service providers should ensure that PRMs and people with disabilities have the right at all times to use safety-approved respiratory devices on aircraft free of charge. The Commission should draw up a list of approved medical oxygen equipment in cooperation with the industry and organisations representing people with disabilities and PRMS, taking due account of safety requirements.
Amendment 147 #
Proposal for a regulation Recital 19 (19) The reasons behind the current level of long delays and cancelled flights in the EU are not attributable solely to air carriers. In order to incentivise all actors in the aviation chain to seek efficient and timely solutions to minimise the inconvenience that long delays and cancellations cause to passengers, air carriers should have the right to seek redress from any third party which
Amendment 148 #
Proposal for a regulation Recital 20 (20) Passengers
Amendment 149 #
Proposal for a regulation Recital 21 a (new) (21 a) To assist National Enforcement Bodies in fulfilling their role regarding the enforcement of this Regulation, air carriers should provide them with relevant compliance documentation that demonstrates their consistent compliance with all relevant Articles of the Regulation.
Amendment 150 #
Proposal for a regulation Recital 21 b (new) (21 b) As commercial aviation is an integrated EU market, measures to guarantee enforcement of the Regulation will be more effective at Union level with increased involvement of the European Commission. Specifically, the European Commission should increase awareness of air carriers' compliance with passenger rights requirements among the flying public by publishing a list of carriers that systematically fail to comply with the Regulation.
Amendment 151 #
Proposal for a regulation 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
Amendment 152 #
Proposal for a regulation 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 period. Passengers should also have the option to complain about air carriers via out-of-court measures. Member States should provide for well equipped- mediation, where a conflict between the passenger and the airline could be solved. 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 153 #
Proposal for a regulation Recital 22 a (new) (22 a) If an airport whose annual traffic has more than two million passengers is located within the territorial jurisdiction of the court, competent to deal with a claim founded on this Regulation, the Member State should ensure that the passenger is provided free of charge with assistance of a translator, if necessary, and in case of an oral hearing, an interpreter, in order to initiate the proceedings and participate in it.
Amendment 154 #
Proposal for a regulation Recital 22 a (new) (22a) Before a claim is submitted, a complaint should invariably be lodged.
Amendment 155 #
Proposal for a regulation Recital 23 (23) In case C-139/11 (Moré vs KLM), the European Court of Justice clarified that the time-limits for bringing actions for compensation are determined in accordance with the national rules of each Member State. However, the significant differences in the time-limits laid down by the Member States mean that a single term should be established, following the example of the Montreal Convention.
Amendment 156 #
Proposal for a regulation Recital 26 a (new) Amendment 157 #
Proposal for a regulation Recital 27 Amendment 158 #
Proposal for a regulation Recital 27 (27) In order to ensure that the damage to or loss of mobility equipment is compensated to its full value, air carriers
Amendment 159 #
Proposal for a regulation Recital 27 (27) In order to ensure that the damage to or loss of mobility equipment is compensated to its full value, air carriers should offer free of charge to persons with reduced mobility the opportunity to make a special declaration of interest, which pursuant to the Montreal Convention, allows them to seek full compensation for loss or damage. Air carriers should inform passengers of this declaration and the rights attaching to it whenever they make a ticket booking.
Amendment 160 #
Proposal for a regulation Recital 28 Amendment 161 #
Proposal for a regulation Recital 28 (28) Passengers are sometimes confused about the baggage they are allowed to take on board, in terms of dimensions, weight or number of items. In order to ensure that passengers are fully aware of the baggage allowances included in their ticket, both for cabin and hold baggage, air carriers should clearly indicate these allowances at
Amendment 162 #
Proposal for a regulation Recital 28 (28) Passengers are sometimes confused about the baggage they are allowed to take on board, in terms of dimensions, weight or number of items. In order to ensure that passengers are fully aware of the baggage allowances included in their ticket, both for cabin and hold baggage, air carriers should clearly indicate these allowances at booking and at the airport. When an airline company has authorised baggage to be carried as cabin baggage at the time the passenger registers at the check-in desk at the airport, it cannot refuse to carry that baggage in the cabin, unless it transfers it free of charge to the hold.
Amendment 163 #
Proposal for a regulation Recital 28 a (new) (28a) Given that air carriers are increasingly offering additional products and services to passengers making reservations on computer systems, often unrelated to the transport service, such products and services should be seen by passengers making reservations only if they so wish and have given their consent.
Amendment 164 #
Proposal for a regulation Recital 29 Amendment 165 #
Proposal for a regulation Recital 29 (29) Musical instruments should
Amendment 166 #
Proposal for a regulation Recital 29 (29) Musical instruments should as far as possible be accepted as baggage within the passenger cabin and, where this is not possible, should where possible be carried under the appropriate conditions in the cargo compartment of the aircraft. In order to allow the passengers concerned to assess whether their instrument can be stored in the cabin, air carriers should inform them about the size of storage facilities. Regulation (EC) No 2027/97 should be amended accordingly.
Amendment 167 #
Proposal for a regulation Recital 29 (29) Musical instruments should as far as possible be accepted as baggage within the passenger cabin and, where this is not possible, should where possible be carried under the appropriate conditions in the cargo compartment of the aircraft. In order to allow the passengers concerned to assess whether their instrument can be stored in the cabin, air carriers should inform them about the size of storage facilities. Regulation (EC) No 2027/97 should be amended accordingly.
Amendment 168 #
Proposal for a regulation Recital 30 Amendment 169 #
Proposal for a regulation Recital 31 Amendment 170 #
Proposal for a regulation Recital 32 Amendment 171 #
Proposal for a regulation Recital 33 Amendment 172 #
Proposal for a regulation Recital 34 Amendment 173 #
Proposal for a regulation Recital 35 a (new) (35 a) 'Full service' airline providing flight catering to passengers as part of their service should not discriminate against passengers requiring special meals due to pre-existing medical conditions (e.g. Coeliacs, diabetes etc.). Such special meals should be provided at no additional cost to the passenger provided the passenger has informed the airline before travelling.
Amendment 174 #
Proposal for a regulation Recital 35 a (new) (35 a) Recital 24 of the base act is repealed.
Amendment 175 #
Proposal for a regulation Recital 35 a (new) (35 a) In order to improve passenger protection beyond EU borders, passenger rights should be continuously addressed in bilateral and international agreements.
Amendment 176 #
Proposal for a regulation Recital 35 b (new) (35 b) Specific facilities for severely disabled passengers requiring changing and toilet facilities (so called 'changing places') should be provided at no cost to the passenger at all EU airports with an annual passenger throughput of more than 1 million.
Amendment 177 #
Proposal for a regulation Recital 35 c (new) (35 c) The national enforcement bodies set up by the Member States (hereinafter referred as 'NEBs') do not always have sufficient power to ensure the effective protection of passenger rights. Member States should therefore give NEBs sufficient power to sanction infringements and to resolve disputes between passengers and industry and all NEBs should fully investigate all complaints received.
Amendment 178 #
Proposal for a regulation Recital 35 d (new) (35 d) The information some airlines provide to passengers with regard to the time needed to transfer between connecting flights is often misleading, especially at large international hub airports. Airlines should therefore provide connection timings that are suitable for all passengers, including families with small children, the elderly and PRM's
Amendment 179 #
Proposal for a regulation Article 1 – paragraph 1 – point -1 (new) Regulation (EC) No 261/2004 Article 1 – paragraph 1 – point c a (new) (-1) In Article 1(1) the following point shall be inserted: (ca) in case of downgrading.
Amendment 180 #
Proposal for a regulation Article 1 – paragraph -1 (new) Regulation (EC) No 261/2004 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:
Amendment 181 #
Proposal for a regulation Article 1 – paragraph 1 – point -1 (new) Regulation (EC) No 261/2004 Article 1 – paragraph 3 (-1) Article 1 paragraph 3 is deleted.
Amendment 182 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point b a (new) Regulation (EC) No 261/2004 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 183 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point c Regulation (EC) No 261/2004 Article 2 – point i "disabled person or “
Amendment 184 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point c Regulation (EC) No 261/2004 Article 2 – point i ‘«disabled person or person with reduced mobility» means any person as defined in Article 2(a) of Regulation (EC) No 1107/2006 concerning the rights of disabled persons and persons
Amendment 185 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point d Regulation (EC) No 261/2004 Article 2 – point 1 Amendment 186 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point d Regulation (EC) No 261/2004 Article 2 – point 1 Amendment 187 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point d Regulation (EC) No 261/2004 Article 2 – point l Amendment 188 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point d Regulation (EC) No 261/2004 Article 2 – point l A flight where the aircraft took off but, for
Amendment 189 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point d Regulation (EC) No 261/2004 Article 2 – point l A flight where the aircraft took off but
Amendment 190 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point d Regulation (EC) No 261/2004 Article 1 – point 1 A flight where the aircraft took off but, for whatever reason, was subsequently forced to land at an airport other than the airport of destination or to return to the airport of departure, shall be considered a cancelled flight, except for extraordinary circumstances.
Amendment 191 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point m Amendment 192 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point m Amendment 193 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point m «extraordinary circumstances» means circumstances
Amendment 194 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point m Amendment 195 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point m Amendment 196 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point m «extraordinary circumstances» means
Amendment 197 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point m “extraordinary circumstances” means circumstances which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control. For the purposes of this Regulation, extraordinary circumstances shall include the circumstances set out in the
Amendment 198 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point m Amendment 199 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point n «flight» means an air transport operation between two airports;
Amendment 200 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Amendment 201 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point o «connecting flight» means a flight which, under a single contract of carriage and one booking reference, is intended to enable the passenger to arrive at a transfer point in order to depart on another flight, or, where appropriate in the context of Article 6a, means that other flight departing from the transfer point.
Amendment 202 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point o Amendment 203 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) 261/2004 Article 2 – point o “connecting flight” means a flight which, under a single contract of carriage and a single booking reference, is intended to enable the passenger to arrive at a transfer point in order to depart on another flight, or, where appropriate in the context, means that other flight departing from the transfer point.
Amendment 204 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point o “connecting flight” means a flight which, under a single contract of carriage and a single booking reference, is intended to enable the passenger to arrive at a transfer point in order to depart on another flight, or, where appropriate in the context, means that other flight departing from the transfer point.
Amendment 205 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point o “connecting flight” means a flight which, under a single contract of carriage and a single booking reference, is intended to enable the passenger to arrive at a transfer point in order to depart on another flight, or, where appropriate in the context, means that other flight departing from the transfer point.
Amendment 206 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No. 261/2004 Article 2 – point o a (new) In Article 2, the following point shall be inserted: (oa) ‘previous leg of the journey’ means a journey made using another mode of transport, such as train or bus, which, under the terms of a single transport contract, has the purpose of conveying the passenger to a transfer point where he can catch a flight;
Amendment 207 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point p Amendment 208 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 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 209 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point p Amendment 210 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point r Amendment 211 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point r «airport managing body» means a body which, in conjunction with other activities or not as the case may be, has as its objective under national laws, regulations or contracts the administration and management of the airport or airport network infrastructures and the coordination
Amendment 212 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point r “airport managing body” means a body which, in conjunction with other activities or not as the case may be, has as its objective under national laws, regulations or contracts the administration and management of the airport or airport network infrastructure
Amendment 213 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point r Amendment 214 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004/EC Article 2 – point s ' ticket price' means the full price p
Amendment 215 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point s Amendment 216 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point s Amendment 217 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point s Amendment 218 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point s Amendment 219 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point s ' ticket price' means the full price paid for a ticket and including the air fare, and all applicable taxes, charges, surcharges and fees paid for all optional and non-optional services included in the ticket; Air carriers shall ensure that ticket price discrimination against passengers on the grounds of country of reservation is fully eliminated;
Amendment 220 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point s Amendment 221 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point t Amendment 222 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point u «time of departure» means the time when
Amendment 223 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point v «time of arrival» means the time when
Amendment 224 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point w Amendment 225 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point w “tarmac delay” means, at departure, the time the aircraft remains on the ground between the
Amendment 226 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point w “tarmac delay” means, at departure, the time the aircraft remains on the ground between the
Amendment 227 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 Article 2 – point y a (new</ In Article 2, the following point shall be inserted: ‘(ya) "stopover" means a voluntary interruption of the ongoing contract of transport organised by the passenger as it appears on the ticket.’
Amendment 228 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point e Regulation (EC) No 261/2004 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 Regulation (EC) No 261/2004 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 Regulation (EC) No 261/2004 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 Regulation (EC) No 261/2004 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 Regulation (EC) No 261/2004 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) 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
Amendment 234 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a a (new) Regulation (EC) No 261/2004 Article 3 – paragraph 3 2.(aa) In Article 3(3), the following point is added: '3. This Regulation shall not apply to passengers who travel free of charge or at a reduced fare which is not directly or indirectly available to the public, including children aged under 2 for whom no separate seat has been booked. However, it shall apply to passengers having tickets issued under a Frequent Flyer Programme or other commercial programme by an air carrier or tour operator.
Amendment 235 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point b Regulation (EC) No 261/2004 Article 3 – paragraph 4 Without prejudice to Article 8(6), this Regulation shall only apply to passengers transported by motorised fixed wing aircraft.
Amendment 236 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point b Without prejudice to Article 8(6),
Amendment 237 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point b Regulation (EC) No 261/2004 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 under a single booking, by another mode of transport or by helicopter, this Regulation
Amendment 238 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point b Regulation (EC) No 261/2004 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.
Amendment 239 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point b a (new) Regulation (EC) No 261/2004 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 240 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point c Regulation (EC) No 261/2004 Article 3 – paragraph 6 This Regulation shall also apply to passengers transported by air according to package travel contracts but shall not affect the rights of passengers under Council Directive 90/314/EEC. The passenger shall be entitled to present claims under this Regulation
Amendment 241 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point -a (new) Regulation (EC) No 261/2004 Article 4 – paragraph 1 3. (-a) Article 4(1) is replaced by the following: “1. When an operating air carrier reasonably expects to deny boarding on a flight, it shall first call for volunteers to surrender their reservations in exchange for benefits under conditions to be agreed between the passenger concerned and the operating air carrier. The equivalent value of such benefits may not be less than the compensation which the passenger would have received had boarding been denied to him against his will. The air carrier shall inform the passenger of the rights to which passengers are entitled in the event of denied boarding against their will and shall provide the passenger with a document in writing for approval specifying the benefits to be granted and the passenger’s rights under this Regulation. Volunteers shall be assisted in accordance with Article 8, such assistance being additional to the benefits mentioned in this paragraph
Amendment 242 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point -a (new) Regulation (EC) No 261/2004 Article 4 – paragraph 1 3. (-a) Article 4(1) is replaced by the following: 1. When an operating air carrier reasonably expects to deny boarding on a flight, it shall first call for volunteers to surrender their reservations in exchange for benefits under conditions to be agreed between the passenger concerned and the operating air carrier. Volunteers shall be
Amendment 243 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point a Regulation (EC) No 261/2004 Article 4 – paragraph 3 Amendment 244 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point a Regulation (EC) No 261/2004 Article 4 – paragraph 3 If boarding is denied to passengers against their will, the operating air carrier shall
Amendment 245 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point a Regulation (EC) No 261/2004 Article 4 – paragraph 3 If boarding is denied to passengers against their will, the operating air carrier shall immediately, and without further requirements from the passenger, compensate them in accordance with Article 7 and assist them in accordance with Article 8. Where the
Amendment 246 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point a Regulation (EC) No 261/2004 Article 4 – paragraph 3 a (new) In Article 4(3) the following paragraph is inserted: ‘In the event of denied boarding because of a passenger’s PNR, reasons must always be provided by the competent authorities and given to the passenger denied boarding in writing;’
Amendment 247 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point a Regulation (EC) No 261/2004 Article 4 – paragraph 3 a (new) In Article 4(3) the following paragraph is inserted: Air carriers or their agents may not consider a passenger’s documents incomplete, and on those grounds deny him boarding, if the passenger proves his identity by means of the documents required by the national law of the State where boarding takes place.
Amendment 248 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point a Regulation (EC) No 261/2004 Article 4 – paragraph 3 a (new) In Article 4(3) the following paragraph shall be inserted: Where a passenger who has already boarded is asked to leave the aircraft because of his/her passenger name record, disembarkation shall be carried out by the competent authorities and not by the members of the crew;
Amendment 249 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point a In Article 4(3) the following paragraph shall be inserted: (aa) A passenger may be denied boarding against his/her will only on grounds of flight, passenger or crew safety or security, or extraordinary circumstances such as those specified in the annex to this Regulation. In all cases, the motives shall be clear and made known to the passenger in writing. A passenger holding a valid ticket, however, may not be denied boarding for any other reason, including: - where the passenger is a person with reduced mobility within the meaning of Article 2; - where the flight in question has been overbooked; - where the passenger is using a return ticket for which he/she did not undertake the outward journey.
Amendment 250 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point b Regulation (EC) No 261/2004 Article 4 – paragraph 4 Amendment 251 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point b Regulation (EC) No 261/2004 Article 4 – paragraph 4 Amendment 252 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point b Regulation (EC) No 261/2004 Article 4 – paragraph 4 Amendment 253 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point b Regulation (EC) No 261/2004 Article 4 – paragraph 4 Amendment 254 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point b Regulation (EC) No 261/2004 Article 4 – paragraph 4 Paragraphs 1, 2 and 3 shall also apply to onward flight and return tickets where the passenger is denied boarding at the return or onward journey on the grounds that he/she did not take the outward journey or a section of the journey or did not pay an additional charge for this purpose.
Amendment 255 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point b Regulation (EC) No 261/2004 Article 4 – paragraph 4 Pa
Amendment 256 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point b Regulation (EC) No 261/2004 Article 4 – paragraph 4 Pa
Amendment 257 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point b Regulation (EC) No 261/2004 Article 4 – paragraph 4 Amendment 258 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point b Regulation (EC) No 261/2004 Article 4 – paragraph 4 Amendment 259 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point b Regulation (EC) No 261/2004 Article 4 – paragraph 4 Paragraphs 1, 2 and 3 shall also apply to return tickets where the passenger is denied boarding at the return journey on the grounds that he/she did not take the outward journey
Amendment 260 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point b Regulation (EC) 261/2004 Article 4 – paragraph 4 a (new) In Article 4(4), the following paragraph shall be inserted: 4a. Where the ticket includes more than two flights (outbound and return) and the passenger is denied boarding on the grounds that carriage is not used on all individual flights or not used in the agreed sequence this shall not be treated as denial of boarding within the meaning of paragraph 4. If a passenger cannot take one or more of the flights on such a ticket through no fault of his/her own, he/she may board the remaining flights at no additional cost provided that, no later than at the time of boarding for the subsequent flight, he/she informs the airline of the circumstances.
Amendment 261 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point b Regulation (EC) No 261/2004 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
Amendment 262 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point b Regulation (EC) No 261/2004 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
Amendment 263 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point b Regulation (EC) No 261/2004 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 24
Amendment 264 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point b Regulation (EC) No 261/2004 Article 4 – paragraph 5 Where the passenger, or an intermediary acting on behalf of the passenger, reports
Amendment 265 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point b Regulation (EC) No 261/2004 Article 4 – paragraph 5 Where the passenger, or an intermediary acting on behalf of the passenger, reports
Amendment 266 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point b Regulation (EC) No 261/2004 Article 4 – paragraph 5 a (new) In Article 4(5), the following paragraph shall be inserted: 5a. Passengers shall be able to correct, free of charge, booking errors concerning their name, title, age, contact details and in-flight meal, but not their departure point or destination.
Amendment 267 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point b Regulation (EC) No 261/2004 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 268 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point b Regulation (EC) No 261/2004 Article 4 – paragraph 5 a (new) In Article 4(5), the following paragraph shall be inserted: 5a. Paragraphs 1, 2 and 3 shall also apply where the passenger misses the flight because: – the flight took off before the scheduled departure time, the passenger having arrived on time at the airport in accordance with Article 3(2); or – the scheduled time of departure of the flight was brought forward and the passenger was not informed of this at least 24 hours in advance. The burden of proving that the passenger was informed in due time of the change of the scheduled time of departure shall rest with the operating air carrier, provided that the booking was made directly with the carrier.
Amendment 269 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 b a (new) Regulation (EC) No 261/2004 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 270 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point a Regulation (EC) No 261/2004 Article 5 – paragraph 1 – point b be offered by the operating air carrier in the event of re-routing when the reasonably expected time of departure of the flight is at least
Amendment 271 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point a Regulation (EC) No 261/2004 Article 5 – paragraph 1 a (new) (4a) The following paragraph 1a is added: ‘1a. If as a result of a change in the schedule by the operating air carrier a flight is cancelled, brought forward or delayed to a later time or date, passengers should be entitled to care and compensation in accordance with Article 5’;
Amendment 272 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point b Regulation (EC) No 261/2004 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.
Amendment 273 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point b Regulation (EC) No 261/2004 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
Amendment 274 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point b An operating air carrier shall not be obliged to pay compensation in accordance with Article 7 if it can prove that two conditions are fulfilled: – that the cancellation of schedule is caused by extraordinary circumstances, and – that the cancellation or change of schedule could not have been avoided even if all reasonable measures had been correctly 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 275 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point b Regulation (EC) No 261/2004 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
Amendment 276 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point b Regulation (EC) No 261/2004 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 othe
Amendment 277 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point b Regulation (EC) No 261/2004 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 flight operated by the same aircraft. The above does not exempt air carriers from the requirement to provide passengers with assistance, in accordance with Article 5(1)(b) and Article 9 of this Regulation.
Amendment 278 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point b Regulation (EC) No 261/2004 Article 5 – paragraph 3 An operating air carrier shall not be
Amendment 279 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point b Regulation (EC) No 261/2004 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
Amendment 280 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point c Regulation (EC) No 261/2004 Article 5 – paragraph 5 At airports whose annual traffic has been not less than
Amendment 281 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point c Regulation (EC) No 261/2004 Article 5 – paragraph 5 At airports whose annual traffic has been not less than
Amendment 282 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point c At airports whose annual traffic has been not less than
Amendment 283 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point c Regulation (EC) No 261/2004 Article 5 – paragraph 5 At airports whose annual traffic has been not less than three million passengers for at
Amendment 284 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point c Regulation (EC) No 261/2004 Article 5 – paragraph 5 At airports whose annual traffic has been not less than three million passengers for at least three consecutive years, the airport managing body shall ensure that the operations of the airport man
Amendment 285 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point c Regulation (EC) No 261/2004 Article 5 – paragraph 5 At airports whose annual traffic has been not less than three 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
Amendment 286 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point c Regulation (EC) No 261/2004 Article 5 – paragraph 5 At airports whose annual traffic has been not less than three 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 in cooperation with the relevant national, regional or local authorities, 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
Amendment 287 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point c Regulation (EC) No 261/2004 Article 5 – paragraph 5 b (new) In Article 5(5) the following paragraph shall be inserted: 5b. Air carriers shall develop and put in place detailed procedures which allow them to comply in an effective and consistent way with the present Regulation, especially in cases of delays, cancellations, denied boarding, mass disruptions and insolvency. Those procedures shall clearly indicate the contact person of the airline at each airport who is competent for providing reliable information concerning care, assistance, re-routing or reimbursement and for taking the necessary immediate measures. The air carrier shall define the processes and conditions for the provision of those services in such a way that this representative can fulfil this obligation without delay. The air carrier shall communicate those procedures and any changes thereto to the National Enforcement Body designated pursuant to Article 16.
Amendment 288 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point c Regulation (EC) No 261/2004 Article 5 – paragraph 5 a (new) In Article 5(5) the following paragraph shall be inserted: 5a. While airlines may not shirk their obligations under this Regulation, the contingency plan provided for in paragraph 5 shall be drawn up so as to indicate, where necessary, who is responsible for ensuring the provision of adequate information and assistance to stranded passengers.
Amendment 289 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point c Regulation (EC) No 261/2004 Article 5 – paragraph 5 c (new) Amendment 290 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point c Regulation (EC) No 261/2004 Article 5 – paragraph 5 a (new) Amendment 291 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point c Regulation (EC) No 261/2004 Article 5 – paragraph 5 a (new) In Article 5(5) the following paragraph is inserted: ‘5a. Where a flight is cancelled owing to the insolvency of an air carrier or to cessation of its operations resulting from revocation of its operating licence, passengers shall be entitled to reimbursement or a return flight to the point of departure in accordance with Article 8(1)(a) and to care as specified in Article 9, as well as to reimbursement for the part of the journey not made. Air carriers shall provide sufficient evidence of security for the costs of reimbursement and repatriation. To that end, and to ensure that passengers can be paid the amounts referred to in this paragraph, the Commission shall submit a proposal establishing a guarantee fund for air carriers to cover the above costs.’
Amendment 292 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 1 – introductory part When an operating air carrier reasonably expects a flight to be delayed, or when an operating air carrier postpone
Amendment 293 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 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
Amendment 294 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 1 – point i when the delay is
Amendment 295 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 1 – point i when the delay is of at least two hours, the
Amendment 296 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 1 – point ii when the delay is of at least five hours and includes
Amendment 297 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 1 – point ii when the delay is of at least f
Amendment 298 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 1 – point ii when the delay is of at least
Amendment 299 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 1 – point ii when the delay is of at least five hours and includes one or several nights, the
Amendment 300 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 1 – point iii when the delay is of at least f
Amendment 301 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – introductory part Passengers shall have a right to compensation from the operating air carrier in accordance with Article 7 where the passenger
Amendment 302 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – points a and b Passengers shall have a right to
Amendment 303 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point a f
Amendment 304 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point a five hours or more after the scheduled time of arrival for
Amendment 305 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point a Amendment 306 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point a Amendment 307 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point a Amendment 308 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point a Amendment 309 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point a Amendment 310 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point a Amendment 311 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point a a (new) In Article 6(2) the following point shall be inserted: (aa) five hours or more after the scheduled time of arrival for all journeys between 1500 and 3500 kilometres ;
Amendment 312 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point b Amendment 313 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point b Amendment 314 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point b Amendment 315 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point b Amendment 316 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point b Amendment 317 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point b Amendment 318 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point b nine hours or more after the scheduled time of arrival for journeys
Amendment 319 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point b nine hours or more after the scheduled time of arrival for journeys
Amendment 320 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point b Amendment 321 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point b Amendment 322 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point c Amendment 323 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point c Amendment 324 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point c Amendment 325 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point c twelve hours or more after the scheduled time o
Amendment 326 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point c Amendment 327 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point c Amendment 328 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point c Amendment 329 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point c twelve hours or more after the scheduled time of arrival for all journeys
Amendment 330 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 – point c t
Amendment 331 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 2 a (new)</ In Article 6(2) the following paragraph shall be inserted: (a) An intermodal ticket shall entirely fall under the compensation rules of this Regulation.
Amendment 332 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 In Article 6(2), the following point shall be inserted: (ca) A cancellation within the delay period may not be treated in the same way as a delay not subject to a penalty.
Amendment 333 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 3 Paragraph 2 shall also apply where the operating air carrier has modified the scheduled times of departure and arrival causing a delay compared to the time of arrival of the original schedule, unless the passenger was informed of the schedule change more than
Amendment 334 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 3 a (new) In Article 6(3) the following paragraph shall be inserted: Paragraph 2 shall not apply where the arrival has been delayed as a result of routing or landing instructions issued by the air safety authorities.
Amendment 335 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 3 a (new) In Article 6(3) the following paragraph shall be inserted: Paragraph 2 shall not apply to passengers whose reservation is a component of a package holiday, as defined by Council Directive 90/314/EEC, as those passengers have a different travel regime and are covered by rights as stipulated in that directive.
Amendment 336 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 4 An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the
Amendment 337 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 4 An operating air carrier shall not be obliged to pay compensation in accordance with Article 7
Amendment 338 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 4 An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay or change of schedule is caused by extraordinary circumstances and that the delay or change of schedule 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 flights operated by the same aircraft the same day.
Amendment 339 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 4 An operating air carrier shall not be obliged to pay compensation in accordance with Article 7
Amendment 340 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 4 An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay or change of schedule is caused by extraordinary circumstances and that the delay or change of schedule 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 othe
Amendment 341 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 4 An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay or change of schedule is caused by extraordinary circumstances and that the delay or change of schedule could not have been avoided even if all reasonable
Amendment 342 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 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
Amendment 343 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 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
Amendment 344 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 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
Amendment 345 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 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,
Amendment 346 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 5 Subject to safety constraints, where a tarmac delay
Amendment 347 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) 261/2004 Article 6 – paragraph 5 Subject to safety constraints, where a tarmac delay
Amendment 348 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 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
Amendment 349 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragraph 5 Subject to safety constraints, where a tarmac delay exceeds one hour, the operating air carrier shall provide free of
Amendment 350 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 261/2004 Article 6 – paragrap |