What changed between the draft committee report and the plenary report

Changed:Article 1 – paragraph 1 – point -1 (new), Article 2 – paragraph 1 – point l: (-1) In Article 2, point l is replaced by the following: / "(l)‘(l) ‘cancellation’ means the non-operation of a flight which was previously planned and on which at least one place was reserved. It shall be considered a cancelled flight when the aircraft took off but was subsequently forced to land at an airport other than the airport of destination, or to return to the airport of departure, or where the passengers of the aircraft concerned were transferred to departure on other flights, or when the departure time was broghtbrought forward by more than an hour by the air carier."carrier.’

Changed:Article 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point z a (new): (za) “full cost“cost of the air ticket” means final price to be paid at the end of the reservation process that includes the air fare and all applicable taxes, charges, surcharges and fees paid for all optional and non-optional services included in the ticket, excluding intermediation fees, regardless whether those extras and fees have been paid together with the fares for the transport service or separately at a later stage;

Changed:Article 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point z c (new): (zc) ‘service quality standards’ means key performance indicators measuring howlevels passengerof rightsperformance areand implemented.”elements of compliance with passengers rights.

Changed:Article 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point z d (new): (zd) “recognised'recognised assistance dog”dog' means a dog specifically trained to increase independence and self-determination of persons with disabilities, officially recognised in accordance with applicable national rules, where such rules exist.’exist.

Removed:Article 1 – paragraph 1 – point 1 a (new), Article 3 – paragraph 6a (new): (1a) In Article 3, the following paragraph is added : / 6a. The rights of persons with reduced mobility or special needs laid down under this Article shall be without prejudice to the rights they enjoy under Regulation (EC) No 1107/2006.

Added:Article 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point z e (new): (ze) ‘accessible format’ means a format that gives a person with disabilities or with reduced mobility access to any relevant information, including allowing such a person to have access to such information as easily and comfortably as a person without any impairments or disabilities, and that meets accessibility requirements defined in accordance with the applicable law, in particular with Annex I to Directive (EU) 2019/882;

Removed:Article 1 – paragraph 1 – point 1 b (new), Article 5 a (new): (1b) The following Article 5a is added: / Article 5a / Extraordinary circumstances / 1. Extraordinary circumstances shall be considered events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are outside that air carrier’s actual control . For the purposes of this Regulation, extraordinary circumstances are limited to the circumstances set out in Annex IIa; / 2 Where no proof of the existence of extraordinary circumstances is provided by the air carrier in a written form, the compensation referred to in Article 7 shall be paid automatically to the passenger by the air carrier in the event of cancellation and long delays. / 3. Where an unusual event outside the control of one or more Member States has occurred, which has a major impact on air travel with major unfavourable consequences for the aviation sector and that is not covered under Annex IIa, the Commission is empowered to adopt a delegated act in accordance with Article 16cb in order to amend the exhaustive list set out in Annex IIa by adding the relevant extraordinary circumstance, provided that this is strictly necessary to respond to such an unusual event.

Added:Article 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point z f (new): (zf) ‘personal item’: means a small bag or an article with maximum dimensions of 40x30x15cm that the air carrier shall allow the passenger to carry on board, on condition that it fits under the front seat and complies with applicable security requirements.

Removed:Article 1 – paragraph 1 – point 2, Article 8a – paragraph 1: 1. Where the passenger has bought a ticket through an intermediary, the operating air carrier may make the reimbursement referred to in Article 8(1) point (a) through that intermediary. In such a case, the intermediary shall reimburse the passenger in accordance with this Article.

Added:Article 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point z g (new): (zg) ‘hand baggage’ means a piece of unchecked baggage which is not a personal item of a maximum size of 120cm and which complies with security and safety requirements.’

Removed:Article 1 – paragraph 1 – point 2, Article 8a – paragraph 2: 2. The intermediary shall inform the passenger of the reimbursement process as provided for in this Article in a clear, comprehensible and easily accessible manner at the time of booking and on the booking confirmation.

Added:Article 1 – paragraph 1 – point 1 a (new), Article 3 – paragraph 1 – point b: (1a) In Article 3(1), point b is amended as follows: / ‘(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 comparable benefits or compensation and were given assistance in that third country.’

Removed:Article 1 – paragraph 1 – point 2, Article 8a – paragraph 3: 3. All reimbursements through the intermediary shall be free of charge for passengers including costs related to the intermediation fees, telephone costs or any other fee.

Added:Article 1 – paragraph 1 – point 1 b (new), Article 6 a (new): (1b) the following article is inserted : / ‘Article 6a / Extraordinary circumstances / 1. Extraordinary circumstances shall be considered events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are outside that air carrier’s actual control. For the purposes of this Regulation, extraordinary circumstances are limited to the circumstances set out in Annex IIa; / 2. When a passenger has a right to compensation from the air carrier in accordance with Articles 4, 5 and 6, the air carrier shall send to the passenger in a written form, within 48 hours, the information about the presence or absence of extraordinary circumstances and provide access to a pre-filled common form in accordance with 16aa. / 3. Where an unusual event outside the control of one or more Member States has occurred, which has a major impact on air travel with major unfavourable consequences for the aviation sector and that is not covered under Annex IIa, the Commission is empowered to adopt a delegated act in accordance with Article 16cb in order to amend the exhaustive list set out in Annex IIa by adding the relevant extraordinary circumstance, provided that this is strictly necessary to respond to such an unusual event.’

Changed:Article 1 – paragraph 1 – point 2, Article 8a – paragraph 5 – point a: (a) the air carrier shall reimburse the intermediary the full1: cost1. ofWhere the ticket as it hadpassenger receivedhas forbought thea ticket fromthrough thean intermediary, within seven days, in one transaction through the same payment methodoperating whichair wascarrier usedmay atmake the time of booking, and linking thereimbursement paymentreferred to the original booking reference. The seven-day period shall start on the date of the passenger’s choice of a reimbursement in accordance with Article 8 (1) (a), first indent. The intermediary shall reimburse the passenger the full cost of the ticket and8(1) thepoint intermediation(a) feesthrough viathat theintermediary. originalIn paymentsuch method,a atcase, the latest within aintermediary furthershall sevenbe days,responsible andto informreimburse the passenger andin theaccordance airwith carrierthis thereof.Article.

Changed:Article 1 – paragraph 1 – point 2, Article 8a – paragraph 52: a2. (new):The 5a.intermediary Airshall carriersinform andthe intermediariespassenger shallof providethe passengersreimbursement withprocess theas referencesprovided offor in this Article in a clear, comprehensible and easily accessible manner at the moneytime transferof suchbooking asand on the transactionbooking number.confirmation.

Changed:Article 1 – paragraph 1 – point 2, Article 8a – paragraph 5 b (new): 5b. Intermediaries are liable3: for3. dulyReimbursements processingthrough the reimbursement set out in paragraphintermediary 5.shall Inbe casefree of a breachcharge offor theirpassengers. obligations,No intermediariescosts shouldshall be subject to a penalty regime as definedborne by Memberthe Statespassenger in accordance withthe Articlereimbursement 16ccprocedure.

Removed:Article 1 – paragraph 1 – point 2 a (new), Article 11 – paragraph -1 (new): (2 a) In Article 11, the following paragraph is inserted: / -1. The rights of persons with reduced mobility or special needs laid down under this Article shall be without prejudice to the rights they enjoy under Regulation (EC) No 1107/2006.

Added:Article 1 – paragraph 1 – point 2, Article 8a – paragraph 4: 4. The intermediary shall state publicly and inform in a clear, unambiguous and comprehensible manner, at the time of selection of flights, whether they are in agreement with the air carrier selected to sell their tickets and to process reimbursements.

Removed:Article 1 – paragraph 1 – point 2 b (new), Article 11– paragraph 1: (2b) In Article 11, paragraph 1 is replaced by the following: / 1. Operating air carriers shall give priority to carrying persons with reduced mobility and any persons or recognised assistance dogs accompanying them, as well as unaccompanied children"

Added:Article 1 – paragraph 1 – point 2, Article 8a – paragraph 5 – point a: (a) the air carrier shall reimburse the intermediary the cost of the air ticket as it had received for the ticket from the intermediary, within seven days, in one transaction through the same payment method which was used at the time of booking, and linking the payment to the original booking reference. The seven-day period shall start on the date of the passenger’s choice of a reimbursement in accordance with Article 8 (1) (a), first indent. The intermediary shall reimburse the passenger the cost of the air ticket and the intermediation fees via the original payment method, at the latest within a further seven days, and inform the passenger and the air carrier thereof.

Removed:Article 1 – paragraph 1 – point 2 c (new), Article 11 – paragraph 2 a (new): (2c) In Article 11, the following paragraph is added: / (2a) Infants of less than 24 months and children under 12 years old shall be considered special category of passengers (SCP) in accordance with the EU air safety legislation under Regulation 965/2012. Allocation of seats for infants with the accompanying passenger and for children under 12 years old next to the accompanying passenger shall be provided free of charge by the air carrier.’

Added:Article 1 – paragraph 1 – point 2, Article 8a – paragraph 5 – pont b: (b) The intermediary is required to notify the air carrier without delay upon processing the reimbursement to the passenger. If the passenger does not receive the reimbursement within 14 days as of the date of choosing a reimbursement in accordance with Article 8 (1) (a), first indent, or if the operating air carrier has not received confirmation of payment fulfilment within 14 days, the operating air carrier shall contact the passenger at the latest on the day following the expiry of the 14-day period in order to receive the payment details for the reimbursement. Upon receipt of these payment details, the operating air carrier shall reimburse the passenger within seven days and inform the passenger and the intermediary thereof. Air carriers and intermediaries shall provide passengers with the references of the money transfer such as the transaction number.

Removed:Article 1 – paragraph 1 – point 2 d (new), Article 11 a (new): (2d) the following Article 11a is inserted: / Article 11 a / Right to hand luggage / Passengers shall have the rights to a carry on board a hand luggage of minimum 55x40x20cm as dimensions and 7 kilos as weight. Without prejudice to Regulation No 1008/2008, air carriers shall not charge the passenger any supplement or surcharge on top of price of the ticket for this service. / The carrier may refuse to allow such hand luggage on board only on grounds of security connected with the weight or size of the object in relation to the characteristics of the aircraft

Added:Article 1 – paragraph 1 – point 2, Article 8a – paragraph 5 a (new): 5a. Intermediaries are liable for duly processing the reimbursement set out in paragraph 5. In case of a breach of their obligations, intermediaries are subject to a penalty regime as defined by Member States in accordance with Article 16bcc.

Changed:Article 1 – paragraph 1 – point 2 ea (new), Article 138 ab (new): (2e) the following Article 13a is inserted:8b / ArticleRight 13aof /passengers Complaintsto /transfer 1.their Eachticket airto carrieranother andholder intermediariesin shallexceptional setcircumstances upand achange complaint-handlingof mechanismname forof the rights andticket obligationsholder. covered/ by1. thisPassengers Regulationwho, infor theirexceptional respectivereasons, fieldsare ofno responsibility.longer Atable theto timemake ofa booking,journey they have booked, shall providebe informationentitled to passengersrequest ona thechange complaintin handlingthe processesname andof the relevant timeticket limitsholder. under/ this2. Article.Air Informationcarriers, onoperators complaintor handlingintermediaries shall also be accessible onobliged theto airoffer carriers’one andof intermediaries’the websitesfollowing andtwo shalloptions, bemade communicatedavailable inat the emailtime thatof notifiesreservation: any/ event(a) thatchange couldin givethe risename toof the rightsticket enshrinedholder free of charge in thisjustified Regulation.cases /of 2.force Passengersmajeure, maysuch submitas: a/ complaint(i) toDeath anyof airthe carrierspassenger or intermediaries regardingof theira respectiveclose fieldsfamily ofmember; responsibility/ via(ii) theSerious mechanismsmedical referredproblems topreventing intravel paragraph(proven 1.by Suchmedical acertificates); complaint/ shall(iii) beOther submittedexceptional withincircumstances threeset monthsout fromin thenational datelaw onor whichby the flightcarrier; wasor performed/ or(b). wastransfer scheduledof the ticket to beanother performed.passenger. / 3. WithinPassengers 7may workingtransfer daysthe ofticket receivingto theanother complaint,person theafter adresseeproviding shallreasonable confirmnotification to the receiptcarrier ofor theintermediary complainton a durable medium prior to the passenger.flight. WithinNotification twoprovided monthsat ofleast receiving72 thehours complaint,prior to the adresseeflight shall providein aall reasonedcases answerbe considered reasonable and shall not be subject to theany passenger.additional charge. / 4. Where thepassengers adresseetransfer doesa notticket providein thatthe full72 answerhours withinprior thatto two-monthdeparture, period,the itintermediary’s shallcarrier bemay deemedcharge tofees. haveThe acceptedintermediary’s thecarrier passenger’sshall claims.inform /the 4.transferor Withof the reasonedactual answer,costs of the adresseetransfer. shallThese alsocosts communicatemust tonot thebe passengerunreasonable concernedand must not exceed the relevantactual contactcost detailsborne ofby the Nationalcarrier enforcementor bod…intermedia…

Removed:Article 1 – paragraph 1 – point 2 f (new), Article 14 – paragraph 1: (2f) In Article 14, paragraph 1 is replaced by the following: / "1. The airport managing body and operating air carrier shall ensure that at check-in, online and at the boarding gate, a clearly legible notice containing the following text is displayed in a manner clearly visible to passengers: "If you are denied boarding or if your flight is cancelled or delayed for at least two hours at departure, or of more than 3 hours at arrival at your final destination, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance. This notice shall be displayed physically and electronically in as many relevant languages as possible."

Added:Article 1 – paragraph 1 – point 2 a (new), Article 11: (2a) Article 11 is replaced by the following: / ‘Article 11 / -1. The rights of persons with disabilities and persons with reduced mobility laid down under this Article shall be without prejudice to the rights they enjoy under Regulation (EC) No 1107/2006. / 1. Operating air carriers shall give priority to carrying persons with reduced mobility and any persons or recognised assistance dogs accompanying them, as well as unaccompanied children. / 2. In cases of denied boarding, cancellation, delays of any length and missed flight due to a lack of airport assistance services, persons with disabilities and persons with reduced mobility and any persons accompanying them, as well as unaccompanied children, shall have the right to compensation, reimbursement or re-routing as provided for in Article 7 and 8 and the right to care in accordance with Article 9 as soon as possible. / 2a. Infants of less than 24 months and children under 12 years old shall be considered special category of passengers (SCP) in accordance with the EU air safety legislation under Regulation 965/2012. Allocation of seats for infants with the accompanying passenger and for children under 12 years old next to the accompanying passenger, made under the same booking, shall be provided free of charge by the air carrier.

Removed:Article 1 – paragraph 1 – point 2 g (new), Article 14 – paragraph 2: (2g) In Article 14, paragraph 2 is replaced by the following: / "2. In the event of denied boarding or 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 in line with this Regulation, including information on possible limitations pursuant to Articles 9(4) and 9(5) and shall inform passenger of possible alternative transport modes. / Air carriers shall clearly inform passengers of the process of requesting compensation or reimbursement under, respectively, Article 7 and Articles 8, 8a, 9 and 10 of this Regulation. / The air carrier shall inform the passenger if it believes that the denied boarding or flight cancellation is due to extraordinary circumstances, as defined in Article 5 paragraph 3 and Annex IIa. The carrier shall also specify the nature and scope of such extraordinary circumstance. / The contact details of the national enforcement body or other body designated under Article 16 shall also be given to the passenger in written form."

Added:Article 1 – paragraph 1 – point 2 b (new), Article 11 a (new): (2b) The following article is inserted : / ‘Article 11a / Right to personal item and hand luggage / 1. Passengers shall always have the right to a carry on board one personal item, such as a small bag, handbag, backpack or laptop bag under the condition that it can be safely stowed under the seat in front of the passenger. Air carriers shall not charge the passenger any supplement or additional fees on top of the price of the flight ticket for this personal item. It is mandatory that carriers provide clear, transparent, and easily accessible information on the weight and dimension requirements for the personal item at the time of booking and after the booking is completed, ensuring passengers are fully informed before their journey. / 2. Passengers shall always have the right to carry on board, one piece of hand luggage. The hand luggage shall not be subject to price supplement on the price of the flight ticket within the maximum dimensions of 100 cm (sum of length, width, and height) and maximum weight of 7 kilos. Air Carriers may apply different provisions regarding additional or larger hand luggage. / The hand luggage may be stored either in the aircraft cabin (as carry-on baggage) or in the aircraft hold, as checked baggage. The carrier may refuse to allow such hand luggage on board only on grounds of security connected with the weight or size of the hand luggage in relation to the characteristics of the aircraft. / Air carriers shall provide clear, transparent, and easil…

Removed:Article 1 – paragraph 1 – point 2 h (new), Article 14 – paragraph 3 a (new): (2h) In Article 14, the following new paragraph 3a is added: / 3a. The information in this article shall be provided in accessible formats in accordance with the accessibility requirements set out in Annex I of Directive 2019/882.

Added:Article 2 – paragraph 1 – point 2 c (new), Article 14: (2c) Article 14 is replaced by the following: / ‘Article 14 / 1. The airport managing body and operating air carrier shall ensure that at check-in, online and at the boarding gate, a clearly legible notice containing the following text is displayed in a manner clearly visible to passengers: "If you are denied boarding or if your flight is cancelled or delayed for at least two hours at departure, or of more than 3 hours at arrival at your final destination, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance”. This notice shall be displayed physically and electronically in as many relevant languages as possible." / 1a. Air carriers shall set up, at each airport where they operate, contact points at which they shall ensure the presence of contact personnel or a third parties commissioned by the air carrier concerned, to provide passengers with the necessary information regarding their rights, including complaint procedures, to assist them and to take immediate action in the event of cancelled or delayed flights, denied boarding and lost or delayed baggage. During the air carriers operating hours and until the last passengers disembark from the last plane, those contact points shall be available for the purpose of assisting passengers inter alia concerning reimbursement, re-routing, rebooking and of accepting the lodging of their complaints. / 1b. The operating air carrier shall provide the passen…

Changed:Article 1 – paragraph 1 – point 3, Article 14a – title: Obligation andon transfer of information by the intermediary

Changed:Article 1 – paragraph 1 – point 3, Article 14a – paragraph 1 a (new): 1a. When offering a ticket, intermediaries shall inform passengers about the full cost of the air ticket and all other costs such as the intermediation, administrative, service or cancellation fees. Optional price supplements shall be clearly visible next to ticket price and at every step of the booking process.

Changed:Article 1 – paragraph 1 – point 3, Article 14a – paragraph 2: 2. Where the passenger does not acquire a ticket directly from the air carrier, but through an intermediary, this intermediary shall provide theall contact details ofreceived from the passengerpassenger, and the booking details to the air carrier. The air carrier may only use these contact details to the extent necessary to comply with its contract of carriage with the passenger, its information obligation under Article 14 and to fulfil the air carrier’s obligations under applicable Union law on aviation safety and security and to provide information to passengers on the operating carrier in accordance with its obligations under Chapter III of Regulation (EC) No 2111/2005,2111/2005. andThe contact details may not be used for marketingcommercial purpose.purposes unless the passenger has actively and explicitly requested the contrary.

Changed:Article 1 – paragraph 1 – point 3, Article 14a – paragraph 3: 3. The intermediaryair carrier and the carrierintermediary shall deletekeep the passenger’s contact details withinno longer than 72 hours after the completion of the contract of carriage unless in the case of a flight disruption where further retention of the contact details is justified to fulfil obligations in respect of the passenger’s right tosuch as provision of care, re-routing, reimbursement, or compensation and complaint handling. The intermediaryair carrier and the carrierintermediary shall retainprocess the passenger’s contact details to the extent strictly necessary to fulfil these obligationssolely withinfor the procedures laidpurpose downof infulfilling thetheir respective Member States’ or Union law.obligations.

Changed:Article 1 – paragraph 1 – point 3, Article 14a – paragraph 4 a (new): 4a. Intermediaries shall provide accessible, effective telephoneremote assistance for all passengers once a flight has been booked and provide help and assistance on electronic tickets and electronic and printed versions of a boarding card. This service shall provide information and may provide alternative proposals in the event of disruption and shall under no circumstances exceed the cost of a local call. / Intermediaries shall provide the passengers with clearly legible and transparent information about passengerthe passenger’s rights and shall clearly inform passengers of the information to be provided whenabout the process of requesting compensation or reimbursement under, respectively, Article 7 and Articles 8, 8a, 9 and 10 of this Regulation. / The contact details of the national enforcement body or other body designated under Article 16a16 shall also be given to the passenger in written form.

Changed:Article 1 – paragraph 1 – point 4, Article 15a – paragraph 2:1: 2.1. Air carriers shall monitor their performance as reflected in theestablish service quality standards. Theystandards shalland publishimplement a report on their service quality performance and on their compliance with all their obligations under this Regulation on their website by [2 years after themanagement Regulationsystem becomesto applicable],maintain and every twoimprove yearsservice thereafter,quality. toThe beservice availablequality atstandards theshall sameat placeleast ascover the general information on air passenger rights. This report shallitems notlisted containin personalAnnex data.II.

Changed:Article 1 – paragraph 1 – point 4, Article 15a – paragraph 32 a (new): 3a. Intermediaries2a. locatedAir incarriers ashall Membermonitor Statetheir shallperformance establishas servicereflected qualityin standardsthe basedservice atquality leaststandards. onThey theshall relevantpublish itemsa listedreport inon Annextheir II.service Theyquality shallperformance monitoron their performancewebsite pursuantby to[2 thoseyears standardsafter andthe provideRegulation accessbecomes toapplicable], theand informationevery ontwo theiryears performancethereafter. toThis nationalreport publicshall authoritiesnot oncontain request.;personal data.

Removed:Article 1 – paragraph 1 – point 4 a (new), Article 16: (4a) Article 16 is replaced by the following: / "Article 16 / Designation of national enforcement bodies / 1. Each Member State shall designate a body or bodies responsible for the enforcement of this Regulation as regards flights from airports situated on its territory and flights from a third country to such airports. Each body shall take the measures necessary to ensure that the rights of passengers are respected. / 2. Each body shall be independent in its organisation, funding decisions, legal structure and decision-making of any air carrier, airport managing body and intermediary. / 3. Member States shall inform the Commission of the body or bodies designated in accordance with this Article and of its or their respective responsibilities. The Commission and the bodies designated shall publish that information on their websites."

Added:Article 1 – paragraph 1 – point 4, Article 15a – paragraph 3: 3. Airport managing bodies located in a Member State shall establish service quality standards based on the relevant items listed in Annex II and which are under their direct responsibility. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request.

Added:Regulation (EC) No 261/2004

Added:Article 1 – paragraph 1 – point 4, Article 15a – paragraph 3 a (new): 3a. Intermediaries which are not SMEs, located in a Member State shall establish service quality standards based at least on the relevant items listed in Annex II. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to national public authorities on request.;

Changed:Article 1 – paragraph 1 – point 4 bc (new), Article 16 a (new): (4b)(4c) theThe following Article 16aarticle is inserted:inserted : / Article’Article 16a / Enforcement tasks / 1. The National Enforcement Body shall closely monitor compliance with this Regulation and shall take the measures necessary to ensure that the rights of passengers are upheld. For this purpose, air carriers, airport managing bodies and intermediesintermediaries shall provide the national enforcement body with relevant documents and information at their request within one month of its request. In complex cases, the national enforcement body may extend this period to a maximum of three months from the receipt of the request. In carrying out their functions, the national enforcement bodies shall take account of the information submitted to them by the other body designated to handle complaints as defined in Article 16 paragraph 1. / 2. Monitoring activities may be performed jointly by national enforcement bodies in the event of air services between two or several EU Member States. / 3. Member States shall ensure that their respective National Enforcement Bodies are given sufficient power to penalise effectively with infringements. National Enforcement Bodies shall be able to take enforcement actions based on individual complaints as defined in Article 16b. / 4. Air carriers shall provideIn the National Enforcementevent Bodythat withthe comprehensiveair informationcarrier regardinginvokes extraordinary circumstances and the occurrence of technical issues, including theas specifica reasonsjustification for such circumstances. This information shall berefusing providedcompensation withinunder 48this hoursRegulation, followingthe travelcarrier disruption.shall Insubstantiate theits eventclaim thatby theproviding airadequate carrierevidence invokeson extraordinarythose circumstances asand arelated justificationtechnical for…issue…

Changed:Article 1 – paragraph 1 – point 4 cd (new), Article 16 b (new): (4c)(4d) the following new Article 16barticle is inserted : / "Article‘Article 16b / Complaint handling by national enforcement bodies and other bodies / 1. Without prejudice to the rights of consumers to seek alternative redress pursuant to Directive 2013/11/EU of the European Parliament and of the Council , after having complained unsuccessfully to the air carrier or intermediary pursuant to Article 13a, the passenger may complain to the national enforcement body or any other body designated under paragraph 2 of this Article withinno threelater monthsthan one year from receiving information on the rejection of the original complaint by the air carrier. Where no reply is received within three months from making the original complaint, the passenger shall have the right to complain to the national enforcement bodycarrier or any other body designated under paragraph 2. Where necessary, that body shall inform the complainant about his or her right to complain to alternative dispute resolution bodies to seek individual redress.intermediary. / 2. Any passenger may complain about an alleged infringement of this Regulation at any airport situated on the territory of a Member State or concerning any flight from any airport situated on the territory of a Member State or of a third country to such airports, either to the national enforcement body, or to any other body designated by a Member State for that purpose. / 3. The national enforcement body or any other body designated under paragraph 2 shall acknowledge receipt of the complaint withi…within two weeks of receiving it. The complaint-handling procedure shall take a maximum of three months from the date of the establishment of the complaint file. The complaint-handling procedure shall be made accessible to persons with disabilities and to persons with reduced mobility in accessible format. / 4. Where a complaint relates to alleged infringemen…

Changed:Article 1 – paragraph 1 – point 4 de (new), Article 16 c (new): (4d)(4e) the following Article 16 carticle is inserted:inserted / Article‘Article 16c / Exchange of information and cross-border cooperation between national enforcement bodies / 1. Where different bodies are designated under Articles 16 and 16b, reporting mechanisms shall be set up to ensure the exchange of information between them, in accordance with Regulation (EU) 2016/679, in order to help the national enforcement body to carry out its tasks of supervision and enforcement, and so that the complaint-handling body designated under Article 16b can collect the information necessary to examine individual complaints. / 2. National enforcement bodies shall exchange information on their work and decision-making principles and practices for the purpose of coordination. The Commission shall support them in that task.task.’

Changed:Article 1 – paragraph 1 – point 5, Article 16aa – paragraph 1: 1. The Commission shall adopt an implementing act establishing a common form for compensation and reimbursement requests under Articles 7,(the Articles‘common 8,form’) 8a,under 9,Articles 107 and 118. .ThatThat common form shall be established in a format which isan accessible to personsformat withand disabilitiesavailable andin personsall withofficial reducedUnion mobility.languages. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 38 (2) of Regulation (EU) 2021/782 of the European Parliament and the Council15 .

Changed:Article 1 – paragraph 1 – point 5, Article 16aa – paragraph 1 a (new): 1a. Air carriers and intermediaries shall automatically send to passengers the pre-filled common form for reimbursement and compensation requests as defined in Article 1, in the event of denied boarding or if awithin flight48 ishours cancelledfollowing ortravel delayeddisruption for at least two hours at departure,the orpurpose of more thanreimbursement 3and hourscompensation atin arrivalaccordance atwith finalArticle destination5a(2).

Changed:Article 1 – paragraph 1 – point 5, Article 16aa – paragraph 2: 2. Passengers shall have the right to submit their requests for compensation or1 reimbursementb using(new): the1b. commonThis formrequirement referredset toout in paragraph 1 or1a byshall othernot means.apply Operatingto air carriers and intermediaries shall not reject a request solely onwhere theother groundsautomated thatelectronic themeans passengerof hascommunication notallowing usedpassengers theto commonrequest formreimbursement referredor tocompensation inexist, paragraphprovided 1.that Passengerssuch shallmeans haveoffer the rightchoice toand submitinformation theirset requestout in at least the language of the booking. If a request is notcommon sufficientlyform precise,and theare carrieralso shallavailable askin the passenger to clarify orlanguage completeof the requestbooking and shall duly motivatein the additional information and assistlanguage theinternationally passengeraccepted in doingthis so.field.

Removed:Article 1 – paragraph 1 – point 5, Article 16aa – paragraph 3: 3. Without prejudice to paragraph 1a, air carriers and intermediaries shall provide details on their website such as an e-mail address, to which requests under paragraph 1 may be sent by electronic means.

Added:Article 1 – paragraph 1 – point 5, Article 16aa – paragraph 2: 2. Passengers shall have the right to submit their requests for reimbursement and compensation using the common form referred to in paragraph 1 or by other means. Operating air carriers and intermediaries shall not reject a request solely on the grounds that the passenger has not used the common form. Passengers shall have the right to submit their request in at least the language of the booking. If a request is not sufficiently precise, the air carrier shall ask the passenger to clarify or complete the request and shall duly motivate the request for additional information and assist the passenger in doing so.

Removed:Article 1 – paragraph 1 – point 6, Article 16ba – title: Tasks of national enforcement bodies related to monitoring of compliance with passenger rights

Added:Article 1 – paragraph 1 – point 5, Article 16aa – paragraph 3: 3. Without prejudice to paragraph 1a, air carriers and intermediaries shall provide clear information on their websites regarding the different electronic means that allow passengers to request reimbursement or compensation, such as an e-mail address, electronic forms or mobile applications. Regardless of the electronic means used, passengers shall be provided with electronic confirmation as proof that such a request has been submitted.

Removed:Article 1 – paragraph 1 – point 6, Article 16ba – paragraph 4: 4. Compliance monitoring activities shall be carried out by means of audits, inspections, interviews, verifications, examination of documents and discussions as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified.

Added:Article 1 – paragraph 1 – point 5, Article 16aa – paragraph 4: 4. The Commission shall make the common form available in all official Union languages on its website. The body or bodies designated by Member States in accordance with Articles 16(1) and 16a(3) shall ensure that passengers have access to the common form.

Added:Article 1 – paragraph 1 – point 6, Article 16ba – title: Tasks of national enforcement bodies related to risk-based approach concerning monitoring of compliance with passenger rights

Added:Regulation (EC) No 261/2004

Added:Article 1 – paragraph 1 – point 6, Article 16ba – paragraph 4: 4. Compliance monitoring activities shall be based on the assessment of risks that could be carried out by means of audits, inspections, interviews, verifications and examination of documents and discussions as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified.

Added:Regulation (EC) No 261/2004

Removed:This Article is incorporated in the new Article on Enforcement Task mirroring the Regulation on railway

Removed:Article 1 – paragraph 1 – point 6, Article 16bc –paragraph 1a (new): 1a. The participation of air carriers and intermediaries under the scope of this Regulation in alternative dispute resolution procedures shall be mandatory and their decisions binding, without prejudice to the right of parties to access the judicial system, [in accordance with the Directive (EU) 2024/… on alternative dispute resolution for consumer disputes

Added:Article 1 – paragraph 1 – point 6, Article 16bc a (new): Article 16bca / Inspections of national enforcement bodies / 1. The Commission may conduct inspections of national enforcement bodies in order to monitor the application by Member States of the Regulation and to make recommendations to improve its enforcement. / 2. The Commission shall in good time before an inspection inform the Member State concerned thereof. / 3. Each Commission inspection report shall be communicated to the national enforcement authority of the Member State concerned, which shall, in its answer, set out the measures taken to remedy the non-compliances identified and address the recommendations. / 4. The report, together with the answer of the national enforcement body, shall subsequently be communicated to the national enforcement bodies of the other Member States, where appropriate.

Removed:Article 1 – paragraph 1 – point 6 a (new), Article 16bc a (new): (6a) The following Article 16bca is inserted: / Article 16bca / Inspections of national enforcement bodies / 1. The Commission may conduct inspections of national enforcement bodies in order to monitor the application by Member States of the Regulation and to make recommendations to improve its enforcement. / 2. The Commission shall in good time before an inspection inform the Member State concerned thereof. / 3. Each Commission inspection report shall be communicated to the national enforcement authority of the Member State concerned, which shall, in its answer, set out the measures taken to remedy the non-compliances identified and address the recommendations. / 4. The report, together with the answer of the national enforcement body, shall subsequently be communicated to the national enforcement bodies of the other Member States, where appropriate.

Added:Article 1 – paragraph 1 – point 6, Article 16bc – paragraph 1 a (new): 1a. The participation of air carriers and intermediaries under the scope of this Regulation in alternative dispute resolution procedures shall be mandatory and their decisions binding, without prejudice to the right of parties to access the judicial system, [in accordance with the Directive (EU) 2024/… on alternative dispute resolution for consumer disputes]

Changed:Article 1 – paragraph 1 – point 6 ba (new), Article 16bc b (new): (6b) The following Article 16bcb is inserted: / Article16bc 16bcbb / Oversight of intermediaries established in third countries. / 1. The Commission shall perform the oversight of intermediaries established in third countries in order to verify their compliance with this regulation.

Changed:Article 1 – paragraph 1 – point 6 cb (new), Article 16bc c (new): (6c)(6b) The following Article 16bcc is inserted:inserted / Article‘Article 16bcc / Penalties / 1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them. / 2. In the framework of cooperation referred to in Article 16c the national enforcement body which is competent for the purposes of Article 16 bisb (4) or (5) shall, at the request of the national enforcement body handling the complaint, investigate the infringement of this Regulation identified by that body and, if necessary, impose penalties. ‘

Changed:Article 1 – paragraph 1 – point 6 dc (new), Article 17: (6d)(6c) Article 17 is replaced by the following:following : / "Article‘Article 17 / EveryThe fiveCommission yearsshall report to the CommissionEuropean shallParliament makeand athe reportCouncil four years after the entry into force on the implementationoperation and the results of this RegulationRegulation, in particular with regard to the Europeanimpact Parliamentof the compensation for long delays and the Councillimitation basedof accommodation in particularextraordinary circumstances of long duration, issues concerning the interpretation of extraordinary circumstances, the statistics published by the National Enforcement Bodies on reportstheir fromactivities, including on sanctions and their findings regarding suspected infringing practices by air carriers, the nationalprogress enforcementmade in establishing national bodies responsible for the out-of-court resolution of disputes and resultsthe fromactivities itsof inspections.the latter. The Commission shall also report shall,on wherethe necessary,enhanced protection of air passengers on flights from third countries operated by non Union carriers, in the context of international air transport agreements. In addition, the Commission shall report on the effectiveness of the measures taken and sanctions imposed by the bodies referred to in Article 16 and the possible need for a harmonised approach; the report shall be accompanied bywhere appropriatenecessary by legislative proposals."proposals.’ / (deleted) / (deleted) / (deleted)

Removed:Article 1 – point 7 a (new): (7a) Annex Ia to this Regulation is added as Annex IIa.

Changed:Article 2 – paragraph 1 – point -1 (new), Article 2 – paragraph 1 – point l a (new): (-1) Inin Article 22(1), the following definitionpoint is added:added /: (l/ a)(la) ‘service quality standards’ means key performance indicators measuring howlevels passengerof rightsperformance areand implemented.”elements of compliance with passengers rights.”

Changed:Article 2 – paragraph 1 – point -1 a (new), Article 2 – paragraph 1 – point l b (new): (-1 a)(-1a) in Article 2,2(1), the following definitionpoint is added: / ‘(l b)‘(lb) “recognised assistance dog” means a dog specifically trained to increase independence and self-determination of persons with disabilities, officially recognised in accordance with applicable national rules, where such rules exist

Removed:Article 2 – paragraph 1 – point 2, Article 10a – title: Service quality standards

Added:Article 2 – paragraph 1 – point -1 b (new), Article 2 – paragraph 1 – point l c (new): (-1b) in Article 2(1), the following point is added : / ‘(lc) "‘accessible format’ means a format that gives a person with disabilities or with reduced mobility access to any relevant information, including allowing such a person to have access to such information as easily and comfortably as a person without any impairments or disabilities, and that meets accessibility requirements defined in accordance with the applicable law, in particular with Annex I to Directive (EU) 2019/882;

Removed:Article 2 – paragraph 1 – point 2, Article 10a – paragraph 2: 2. Air carriers shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance and on their compliance with all their obligations under this Regulation on their website by [2 years after the Regulation becomes applicable], and every two years thereafter, to be available at the same place as the general information on air passenger rights. This report shall not contain personal data.

Added:Article 2 – paragraph 1 – point 1, Article 4 – paragraph 2: Air carriers, their agents or a tour operator shall ensure that such an accompanying person travels free of charge and, where practicable, sits next to the person with disabilities or to the person with reduced mobility, if it is necessary for safety reasons for that person to be accompanied during the flight.

Removed:Article 2 – paragraph 1 – point 2, Article 10a – paragraph 2 a (new): 2a. Airport managing bodies located in a Member State shall establish service quality standards based at least on the relevant items listed in Annex II. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities;

Added:Article 2 – paragraph 1 – point 2, Article 10a - title: Service quality standards

Removed:Article 2 – paragraph 1 – point 2 a (new), Article 12: (2a) Article 12 is replaced by the following: / "Article 12 / Compensation in respect of mobility equipment, assistive devices and recognised assistance dogs’ / 1. Where air carriers and airport managing bodies cause the loss of, or damage to, mobility equipment, including wheelchairs, and assistive devices, or the loss of, or injury to, recognized assistance dogs used by persons with disabilities and persons with reduced mobility, they shall be liable for that loss, damage or injury, and provide compensation without undue delay. That compensation shall comprise: / (a) the cost of replacement or repair of the mobility equipment or assistive devices lost or damaged; / (b) the cost of replacement or the treatment of the injury of an assistance dog that was lost or injured; and / (c )reasonable costs of temporary replacement for mobility equipment, assistive devices or recognized assistance dogs where such replacement is not provided by the air carriers or airport managing body in accordance with paragraph 2. / 2. Where paragraph 1 applies, air carriers and airport managing bodies shall rapidly make all reasonable efforts to provide immediately needed temporary replacements for mobility equipment or assistive devices. The person with disabilities or the person with reduced mobility shall be permitted to keep that temporary replacement equipment or device until the compensation referred to in paragraph 1 has been paid."

Added:Article 2 – paragraph 1 – point 2, Article 10a – paragraph 1: 1. Air carriers shall establish service quality standards and implement a quality management system to maintain and improve service quality. The service quality standards shall at least cover the items listed in Annex III.

Removed:Article 2 – paragraph 1 – point 2 b (new), Article 14 – title: (2b) In Article 14, the title is replaced by the following / Designation of national enforcement bodies"

Added:Article 2 – paragraph 1 – point 2, Article 10a – paragraph 2 a (new): 2a. Airport managing bodies located in a Member State shall establish service quality standards based at least on the relevant items listed in Annex III. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities;

Added:Regulation (EC) No 1107/2006

Added:Article 2 – paragraph 1 – point 2 a (new), Article 12: (2a) Article 12 is replaced by the following: / ‘Article 12 / Compensation in respect of mobility equipment, assistive devices and recognised assistance dogs / 1. Where air carriers or airport managing bodies, including ground operators, cause the loss of, or damage to mobility equipment, including wheelchairs, and assistive devices or the loss of, or injury to, recognized assistance dogs used by persons with disabilities and persons with reduced mobility, they shall be liable for that loss, damage or injury, and provide compensation without undue delay. That compensation shall comprise: / (a) the cost of replacement or repair of the mobility equipment or assistive devices lost or damaged; / (b) the cost of replacement or the treatment of the injury of an assistance dog that was lost or injured; and / (c) reasonable costs of temporary replacement for mobility equipment, assistive devices or recognized assistance dogs where such replacement is not provided by the air carriers or airport managing body in accordance with paragraph 2. / 2. Where paragraph 1 applies, air carriers and airport managing bodies shall rapidly make all reasonable efforts to provide immediately needed temporary replacements for mobility equipment or assistive devices. The person with disabilities or the person with reduced mobility shall be permitted to keep that temporary replacement equipment or device until the compensation referred to in paragraph 1 has been paid. / 3. Where it cannot be proven or it…

Changed:Article 2 – paragraph 1 – point 2 b (new), Article 1414: –(2b) paragraphArticle 1:14 (2is b)replaced Inby Articlethe 14,following: paragraph/ 1‘Article is14 replaced/ byDesignation theof following:national enforcement bodies / 1. Each member State shall designate a body or bodies responsible for the enforcement of this Regulation as regards flights from airports situated on its territory and flights from a third country to such airports. Each body shall take the measures necessary to ensure that the rights of disabled persons and persons with reduced mobility are respected, including compliance with the quality standards referred to in Article 9(1). Eachrespected bodyand shall be independent in its organisation, funding decisions, legal structure and decision-making of from any air carrier, airport managing body and intermediary. / 2. Member States shall inform the Commission of the body or bodies designated in accordance with this Article and of its or their respective responsibilities. The Commission and the bodies designated shall publish that information on their websites."websites.’

Changed:Article 2 – paragraph 1 – point 2 c (new), Article 14 -a (new): (2c) the following Article 14 -aarticle is inserted: / Article 14-a / Enforcement tasks / 1. The National Enforcement Body shall closely monitor compliance with this Regulation and shall take the measures necessary to ensure that the rights of disabled persons and persons with reduced mobility are upheld. / 2. For this purpose, air carriers and airport managing bodies shall provide national enforcement body with relevant documents and information at their request within one month of its request. In carrying out their functions, the national enforcement bodies shall take account of the information submitted to them by the other body designated to handle complaints as defined in Article 14 paragraph 1. / 3. Member States shall ensure that their respective National Enforcement Bodies are given sufficient power to penalise effectively with infringements and shall be able to take enforcement actions based on individual complaints as defined in Article 15. / 4. The National Enforcement Bodies shall perform a monitoring of compliance with passenger rights as laid down in Article 14a. Monitoring activities may be performed jointly by national enforcement bodies in the event of air services between two or several EU Member States. / TheStates.The National Enforcement Body shall disseminate such information to the bodies designated for alternative dispute resolution pursuant to this Regulation. / 5. Every two years, the national enforcement bodies shall publish reports with statistics on their activity…activity, includi…

Changed:Article 2 – paragraph 1 – point 3, Article 14a – title: Tasks of national enforcement bodies related to risk-based approach concerning monitoring of compliance with passenger rights

Changed:Article 2 – paragraph 1 – point 3, Article 14a – paragraph 4: 4. Compliance monitoring activities shall be based on the assessment of risks that could be carried out by means of audits, inspections, interviews, verifications,verifications and examination of documents and discussions as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified.

Changed:Article 2 – paragraph 1 – point 3, Article 14a – paragraph 5 a (new): 5a. If action plans are deemed insufficient, or if non-compliance necessitates an immediate action, National Enforcement Bodies may take enforcement actions as defined in Article 14a.16a

Removed:This Article is already covered in the new Article 14a on Enforcement tasks

Removed:Article 2 – paragraph 1 – point 3, Article 14c – title: Information about alternative dispute resolution other redress mechanisms by national enforcement bodies

Added:Article 2 – paragraph 1 – point 3, Article 14c – paragraph 1 a (new): 1a. The participation of air carriers and intermediaries under the scope of this Regulation in alternative dispute resolution procedures shall be mandatory and their decisions binding, without prejudice to the right of parties to access the judicial system, [in accordance with the Directive (EU) 2024/… on alternative dispute resolution for consumer disputes].

Removed:Regulation (EC) No 1107/2006

Removed:Article 2 – paragraph 1 – point 3, Article 14c – paragraph 1: The national enforcement body to which the passenger complains, or any other body designated by a Member State for that purpose under Article 15(2), shall inform the complainant about his or her right to approach to alternative dispute resolution bodies or other relevant redress mechanisms, including Equality Bodies to seek individual redress.

Changed:Article 2 – paragraph 1 – point 3, Article 14d – paragraph 2 b (new): 2b. At the request of a Member State, a National Enforcement body, or on its own initiative, the Commission shall examine cases where differences in the application and enforcement of any of the provisions of this Regulation arise. / Member States shall provide annually a report on their activities to the Commission, at the latest at the end of April of the following calendar year. The Commission may decide on the issues to be addressed in these reports via implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 16c.

Removed:Regulation (EC) No 1107/2006

Removed:Article 2 – paragraph 1 – point 3 a (new), Article 14d a (new): (3a) The following arArticle 14d a is inserted : / Article 14da / Inspections of national enforcement bodies / 1. The Commission may conduct inspections of national enforcement bodies in order to monitor the application by Member States of the Regulation and to make recommendations to improve its enforcement. / 2. The Commission shall in good time before an inspection inform the Member State concerned thereof. / 3. Each Commission inspection report shall be communicated to the national enforcement authority of the Member State concerned, which shall, in its answer, set out the measures taken to remedy the non-compliances identified and address the recommendations. / 4. The report, together with the answer of the national enforcement body, shall subsequently be communicated to the national enforcement bodies of the other Member States, where appropriate.

Removed:Article 2 – paragraph 1 – point 3 b (new), Article 15: (3b) Article 15 is replaced by the following: / "Article 15 / Complaint / 1. Each air carriers and airport managing body shall set up a complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility. They shall make their contact details and working language, or languages, widely known to passengers / 2. Disabled persons and persons with reduced mobility may submit a complaint to any air carriers or airport managing body regarding their respective fields of responsibility via the mechanisms referred to in paragraph 1. Such a complaint shall be submitted within three months from the date on which the flight was performed or was scheduled to be performed. / 3. Within seven working days of receiving the complaint, the adressee shall confirm the receipt of the complaint to the passenger. Within two months of receiving the complaint, the adressee shall provide a reasoned answer to the passenger. Where the adressee does not provide that full answer within that two-month period, it shall be deemed to have accepted the passenger’s claims. With the reasoned answer, the adressee shall also communicate to the passenger concerned the relevant contact details of the National enforcement body or other body as defined in Article 14 paragraph 1, including its postal address, phone number, email address and website address. / 4. Details of the complaint-handling procedure shall be accessible to the public, including to perso…

Added:Article 2 – paragraph 1 – point 3, Article 14d – paragraph 2 c (new): 2c. The Commission may, where appropriate, adopt guidelines with a view to promote common application and, where necessary, propose amendments to this Regulation to the European Parliament and Council under article 27 of this Regulation.

Removed:Article 2 – paragraph 1 – point 3 c (new), Article 15 a (new): (3c) The following Article 15a, is inserted : / "Article 15a / Complaint handling by national enforcement bodies and other bodies / 1. Without prejudice to the rights of consumers to seek alternative redress pursuant to Directive 2013/11/EU of the European Parliament and of the Council , after having complained unsuccessfully to the air carrier or airport managing body pursuant to Article 15, the disabled persons and persons with reduced mobility may complain to the national enforcement body or any other body designated under paragraph 2 of this Article within three months from receiving information on the rejection of the original complaint by the air carrier. Where no reply is received within three months from making the original complaint, the passenger shall have the right to complain to the national enforcement body or any other body designated under paragraph 2. Where necessary, that body shall inform the complainant about his or her right to complain to alternative dispute resolution bodies to seek individual redress. / 2. Disabled persons and persons with reduced mobility may complain about an alleged infringement of this Regulation at any airport situated on the territory of a Member State or concerning any flight from any airport situated on the territory of a Member State or of a third country to such airports, either to the national enforcement body, or to any other body designated by a Member State for that purpose. / 3. The national enforcement body or any other…

Added:Article 2 – paragraph 1 – point 3, Article 14d a (new): Article 14da / Inspections of national enforcement bodies / 1. The Commission may conduct inspections of national enforcement bodies in order to monitor the application by Member States of the Regulation and to make recommendations to improve its enforcement. / 2. The Commission shall in good time before an inspection inform the Member State concerned thereof. / 3. Each Commission inspection report shall be communicated to the national enforcement authority of the Member State concerned, which shall, in its answer, set out the measures taken to remedy the non-compliances identified and address the recommendations. / 4. The report, together with the answer of the national enforcement body, shall subsequently be communicated to the national enforcement bodies of the other Member States, where appropriate.

Added:Regulation (EU) No 1107/2006

Added:Article 2 – paragraph 1 – point 3 a (new), Article 15: (3a) Article 15 is replaced by the following: / ‘Article 15 / Complaint-handling / 1. Each air carriers and airport managing bodies shall set up a complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility. At the time of booking, they shall provide information to passengers on the complaint handling processes and the relevant time limits under this Article. Information on complaint handling shall also be accessible on the air carriers’ and intermediaries’ websites and applications and shall be communicated in the email that notifies any event that could give rise to the rights enshrined in this Regulation. / 2. Disabled persons and persons with reduced mobility may submit a complaint to any air carriers or airport managing body regarding their respective fields of responsibility via the mechanisms referred to in paragraph 1. Such a complaint shall be submitted within one year from the date on which the flight was performed or was scheduled to be performed. / 3. Within seven working days of receiving the complaint, the addressee shall confirm the receipt of the complaint to the passenger. Within two months of receiving the complaint, the addressee shall provide a reasoned answer to the passenger. Where the addressee does not provide that full answer within that two-month period, it shall be deemed to have accepted the passenger’s claims. / 4. With the reasoned answer, the addressee shall also communicate…

Removed:Article 2 – paragraph 1 – point 3 d (new), Article 15 b (new): (3d) the following Article 15b is inserted: / Article 15b / Exchange of information and cross-border cooperation between national enforcement bodies / 1. Where different bodies are designated under Articles 14 and 15a, reporting mechanisms shall be set up to ensure the exchange of information between them, in accordance with Regulation (EU) 2016/679, in order to help the national enforcement body to carry out its tasks of supervision and enforcement, and so that the complaint-handling body designated under Article 15a can collect the information necessary to examine individual complaints. / 2. National enforcement bodies shall exchange information on their work and decision-making principles and practices for the purpose of coordination. The Commission shall support them in that task

Added:Article 2 – paragraph 1 – point 3 b (new), Article 15a (new): (3b) the following article , is inserted : / ‘Article 15a / Complaint handling by national enforcement bodies and other bodies / 1. Without prejudice to the rights of consumers to seek alternative redress pursuant to Directive 2013/11/EU of the European Parliament and of the Council , after having complained unsuccessfully to the air carrier or airport managing body pursuant to Article 15, the disabled persons and persons with reduced mobility may complain to the national enforcement body or any other body designated under paragraph 2 of this Article no later than one year from receiving information on the rejection of the original complaint by the air carrier. / 2. Disabled persons and persons with reduced mobility may complain about an alleged infringement of this Regulation at any airport situated on the territory of a Member State or concerning any flight from any airport situated on the territory of a Member State or of a third country to such airports, either to the national enforcement body, or to any other body designated by a Member State for that purpose. / 3. The national enforcement body or any other body designated under paragraph 2 shall acknowledge receipt of the complaint within two weeks of receiving it. The complaint-handling procedure shall take a maximum of three months from the date of the establishment of the complaint file. The complaint-handling procedure shall be made accessible to persons with disabilities and to persons with reduced mobility in acce…

Removed:Regulation 1107/2006

Removed:Article 2 – paragraph 1 – point 3 e (new), Article 16: (3e) Article 16 is replaced by the following: / "Article 16 / 1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them. / 2. In the framework of cooperation referred to in Article 15ter the national enforcement body which is competent for the purposes of Article 15bis (4) or (5) shall, at the request of the national enforcement body handling the complaint, investigate the infringement of this Regulation identified by that body and, if necessary, impose penalties."

Changed:Article 2 – paragraph 1 – point 43 ac (new), Article 17:16: (4a)(3c) Article 1716 is replaced by the following: / "Article‘Article 1716 / EveryMember fiveStates yearsshall thelay Commissiondown shallthe makerules aon reportpenalties onapplicable theto implementationinfringements of this Regulation toand theshall Europeantake Parliamentall andmeasures thenecessary Councilto basedensure inthat particularthey onare reportsimplemented. fromThe thepenalties nationalprovided enforcementfor bodiesshall be effective, proportionate and resultsdissuasive. fromMember itsStates inspections.shall Thenotify reportthe shall,Commission whereof necessary,those berules accompaniedand bymeasures appropriateand legislativeshall proposals."notify it without delay of any subsequent amendment affecting them.’

Changed:Article 3 – paragraph 1 – point -1 (new), Article 3 – paragraph 1 – point u a (new): (-1) Inin Article 3,3(1), the following definitionpoint is added:added : / (ua)‘(ua) ‘service quality standards’ means key performance indicators measuring howlevels passengerof rightsperformance areand implemented.”elements of compliance with passengers rights.’

Changed:Article 3 – paragraph 1 – point -1 a (new), Article 3 – paragraph 1 – point u b (new): (-1a) Inin Article 3,3(1), the following definitionpoint is added:added / (ub)‘(ub) “recognised assistance dog” means a dog specifically trained to increase independence and self-determination of persons with disabilities, officially recognised in accordance with applicable national rules, where such rules exist.exist.’

Added:Article 3 – paragraph 1 – point -1 b (new), Article 3 – paragraph 1 – point u c (new): (-1b) in Article 3(1), the following point is added : / ‘(uc) ‘accessible format’ means a format that gives a person with disabilities or with reduced mobility access to any relevant information, including allowing such a person to have access to such information as easily and comfortably as a person without any impairments or disabilities, and that meets accessibility requirements defined in accordance with the applicable law, in particular with Annex I to Directive (EU) 2019/882;’

Added:Regulation (EU) No 1177/2010

Added:Article 3 – paragraph 1 – point 1 – point a a (new), Article 16 – paragraph 3: (aa) paragraphs 3 is replaced by the following: / ‘3. The carrier or, where appropriate, the terminal operator, shall ensure that persons with disabilities and reduced mobility receive the information required under paragraphs 1 and 2 in accessible format.’

Added:Regulation (EU) No 1177/2010

Changed:Article 3 – paragraph 1 – point 2, Article 19a – paragraph 1 a1: (new):1. 1a.The CarriersCommission shall automaticallyadopt sendan toimplementing passengersact theestablishing a common form for reimbursement and compensation requests as(the defined‘common form’) under Articles 18 and 19. That common form shall be established in Articlean 1accessible format and available in theall caseUnion oflanguages. aThat cancellationimplementing oract ashall delaybe adopted in departureaccordance ofwith athe passengerexamination serviceprocedure orreferred ato cruisein asArticle defined38 in(2) Articlesof 18Regulation and(EU) 192021/782.17

Changed:Article 3 – paragraph 1 – point 2, Article 19a – paragraph 2: 2. Passengers shall have the right to submit their requests for compensation or reimbursement using the common form referred to in paragraph 1 or bya other(new): means.1a. Carriers shall not reject a request solely on the grounds that the passengerautomatically hassend notto usedpassengers the common form referred to in paragraph 1.for Passengersreimbursement shalland havecompensation therequests rightas todefined submitin theirparagraph request1 in at least the languagecase of thea booking.cancellation Ifor a request isdelay notin sufficientlydeparture precise,or thedelay carrierin shallarrival askof thea passenger to clarifyservice or complete the request anda shallcruise dulyas motivatedefined thein additionalArticles information18 and assist the passenger in doing so.19.

Removed:Article 3 – paragraph 1 – point 2, Article 19a – paragraph 3: 3. Without prejudice to paragraph 1a, carriers shall provide details on their website such as an e-mail address, to which requests under paragraph 1 may be sent by electronic means.

Added:Article 3 – paragraph 1 – point 2, Article 19a – paragraph 1 b (new): 1b. This requirement shall not apply to the air carriers and intermediaries where other automated electronic means of communication allowing passengers to request reimbursement or compensation exist, provided that such means offer the choice and information set out in the common form and are also available in in the language of the booking and in the language internationally accepted in this field.

Removed:Article 3 – paragraph 1 – point 4, Article 23a – paragraph 1: The information, and the correspondence, referred to in Articles 16, 22 and 23 shall be provided by electronic means, where technically possible.

Added:Article 3 – paragraph 1 – point 2, Article 19a – paragraph 2: 2. Passengers shall have the right to submit their requests for compensation or reimbursement using the common form referred to in paragraph 1 or by other means. Carriers shall not reject a request solely on the grounds that the passenger has not used the common form referred to in paragraph 1. Passengers shall have the right to submit their request in at least the language of the booking. If a request is not sufficiently precise, the carrier shall ask the passenger to clarify or complete the request and shall duly motivate the request for additional information and assist the passenger in doing so.

Removed:Article 3 – paragraph 1 – point 4, Article 23a – paragraph 2: Where information is provided by electronic means of communication, carriers, terminal operators, port authorities, travel agents, tour operators and ticket vendors shall ensure that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. The burden of proof concerning the questions as to whether and when they have provided the necessary information to passengers shall rest with carriers, terminal operators, port authorities, travel agents and ticket vendor. All means of communication shall enable the passenger to contact them quickly, free of charge and communicate efficiently.;

Added:Article 3 – paragraph 1 – point 2, Article 19a – paragraph 3: 3. Without prejudice to paragraph 1a, carriers shall provide details clear information on their websites regarding the different electronic means that allow passengers to request reimbursement or compensation, such as an e-mail address, electronic forms or mobile applications, to which requests under paragraph 1 may be sent. Regardless of the electronic mean used, passengers shall be provided with electronic confirmation as proof that such a request has been submitted.

Removed:Article 3 – paragraph 1 – point 4 a (new), Article 24: (4a) Article 24 is replaced by the following: / "Article 24 / 1. Each carriers and terminal operator shall set up an accessible complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility. / They shall make their contact details and working language, or languages, widely known to passengers / 2. Passengers may submit a complaint to any carriers or teminal operators regarding their respective fields of responsibility via the mechanisms referred to in paragraph 1. Such a complaint shall be submitted within 2 months from the date on which the service was performed or when a service should have been performed . Within 7 working days of receiving the complaint, the adressee shall confirm the receipt of the complaint to the passenger. Within two month of receiving the complaint, the adressee shall provide a reasoned answer to the passenger. Where the adressee does not provide that full answer within that two-month period, it shall be deemed to have accepted the passenger’s claims. With the reasoned answer, the adressee shall also communicate to the passenger concerned the relevant contact details of the National enforcement body or other body as defined in Article 25 paragraph 1 , including its postal address, phone number, email address and website address. / 3. Details of the complaint-handling procedure shall be accessible to the public, including to persons with disabilities and to persons with reduced mobi…

Added:Article 3 – paragraph 1 – point 3 – point a – point i, Article 23 – paragraph 1: When selling tickets for services falling within the scope of this Regulation, carriers, ticket vendors, travel agents, tour operators and terminal operators shall, within their respective areas of competence, ensure that passengers are provided with appropriate and comprehensible information regarding their rights under this Regulation. The information shall be provided in an accessible format.

Removed:Regulation (EC) No 1177/2010

Removed:Article 3 – paragraph 1 – point 5, Article 24a – paragraph 2: 2. Carriers shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on the Internet by [2 years after the day of application of this Regulation], and every two years thereafter, to be available at the same place as the general information on passenger rights for passengers when travelling by sea and inland waterways. This report shall not contain personal data.

Removed:Article 3 – paragraph 1 – point 5 a (new), Article 25: (5a) Article 25 is replaced by the following; / "Article 25 / Designation of national enforcement bodies / 1. Each Member State shall designate a National Enforcement Body or bodies responsible for the enforcement of this Regulation as regards passenger services and cruises from ports situated on its territory and passenger services from a third country to such ports . Each body shall take the measures necessary to ensure that the rights of passengers are respected. Each body shall be independent in its organisation, funding decisions, legal structure and decision-making of any carrier or terminal operator or any other commercial interests / 2. Member States shall inform the Commission of the body or bodies designated in accordance with this Article and of its or their respective responsibilities. The Commission and the bodies designated shall publish that information on their websites." / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Added:Article 3 – paragraph 1 – point 4, Article 23a – paragraph 1: The information and the correspondence, referred to in Articles 16, 22 and 23 shall be provided by electronic means, where technically possible and in accesible format.

Added:Regulation (EU) No 1177/2010

Added:Article 3 – paragraph 1 – point 4, Article 23a – subparagraph 2: Where information is provided by electronic means of communication, carriers, terminal operators, port authorities, travel agents, tour operators and ticket vendors shall ensure that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. The burden of proof concerning the questions as to whether and when they have provided the necessary information to passengers shall rest with carriers, terminal operators, port authorities, travel agents and ticket vendor. All means of communication shall enable the passenger to contact them quickly and communicate efficiently.

Removed:Article 3 – paragraph 1 – point 6, Article 25a – title: Tasks of national enforcement bodies related to the monitoring of compliance with passenger rights

Added:Article 3 – paragraph 1 – point 5, Article 24a – paragraph 1: 1. Carriers, which are not SMEs, shall establish service quality standards and implement a quality management system to maintain and improve service quality. The service quality standards shall at least cover the items listed in Annex V.

Removed:Article 3 – paragraph 1 – point 6, Article 25a – paragraph 4: 4. Compliance monitoring activities shall be carried out by means of audits, inspections, interviews, verifications and examination of documents and discussions as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified.

Added:Article 3 – paragraph 1 – point 5, Article 24a – paragraph 2: 2. Carriers, which are not SMEs, shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on the Internet by [2 years after the day of application of this Regulation], and every two years thereafter. This report shall not contain personal data.

Removed:Article 3 – paragraph 1 – point 6, Article 25a – paragraph 5 a (new): 5a. If action plans are deemed insufficient, or if non-compliance necessitates an immediate action, National Enforcement Bodies may take enforcement actions as defined in Article 26.

Added:Article 3 – paragraph 1 – point 5 a (new), Article 25: (5a) Article 25 is replaced by the following : / ‘Article 25 / Designation of national enforcement bodies / 1. Each Member State shall designate a body or bodies responsible for the enforcement of this Regulation as regards passenger services and cruises from ports situated on its territory and passenger services from a third country to such ports . Each body shall take the measures necessary to ensure that the rights of passengers are respected. / Each body shall be independent in its organisation, funding decisions, legal structure and decision-making from any carrier or terminal operator or any other commercial interests. / 2. Member States shall inform the Commission of the body or bodies designated in accordance with this Article and of its or their respective responsibilities. The Commission and the bodies designated shall publish that information on their websites.’

Removed:Article 3 – paragraph 1 – point 6, Article 25b: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Added:Article 3 – paragraph 1 – point 6, Article 25a – title: Tasks of national enforcement bodies related to risk-based approach concerning monitoring of compliance with passenger rights

Removed:Provisions already covered in other parts of the Regulation

Removed:Article 3 – paragraph 1 – point 6 a (new), Article 25 d (new): (6a) the following Article 25d is inserted: / Article 25d / Inspections of national enforcement bodies / 1. The Commission may conduct inspections of national enforcement bodies in order to monitor the application by Member States of the Regulation and to make recommendations to improve its enforcement. / 2. The Commission shall in good time before an inspection inform the Member State concerned thereof. / 3. Each Commission inspection report shall be communicated to the national enforcement authority of the Member State concerned, which shall, in its answer, set out the measures taken to remedy the non-compliances identified and address the recommendations. / 4. The report, together with the answer of the national enforcement body, shall subsequently be communicated to the national enforcement bodies of the other Member States, where appropriate.

Added:Article 3 – paragraph 1 – point 6, Article 25a – paragraph 4: 4. Compliance monitoring activities shall be based on the assessment of risks that could be carried out by means of audits, inspections, interviews, verifications and examination of documents and discussions as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified.

Removed:Article 3 – paragraph 1 – point 6 b (new), Article 26: (6b) Article 26 is replaced by the following: / "Article 26 / Enforcement tasks / 1. The National Enforcement Body shall closely monitor compliance with this Regulation and shall take the measures necessary to ensure that the rights of passengers are upheld. For this purpose, carriers and terminal operators shall provide national enforcement body with relevant documents and information at their request within one month of its request. In carrying out their functions, the national enforcement bodies shall take account of the information submitted to them by the other body designated to handle complaints as defined in Article 25 paragraph 1. / 2. Monitoring activities may be performed jointly by national enforcement bodies in the event of air services between two or several EU Member States. / 3. Member States shall ensure that their respective National Enforcement Bodies are given sufficient power to penalise effectively with infringements. National Enforcement Bodies shall be able to take enforcement actions based on individual complaints as defined in Article 26a. / 4. The National Enforcement Bodies shall perform a monitoring of compliance with passenger rights as laid down in Article 14a. / 5. Every two years, the national enforcement bodies shall publish reports with statistics on their activity, including on penalties applied by 30 June of the following calendar year. Those reports shall be made available on the website of the European Union Maritime Safety Agency. / 6. …

Added:Article 3 – paragraph 1 – point 6, Article 25a – paragraph 5 a (new): 5a. If action plans are deemed insufficient, or if non-compliance necessitates an immediate action, National Enforcement Bodies may take enforcement actions as defined in Article 26.

Added:Regulation (EU) No 1177/2010

Added:Article 3 – paragraph 1 – point 6, Article 25b: deleted / (deleted) / (deleted) / (deleted)

Changed:Article 3 – paragraph 1 – point 6 cb (new), Article 26 a (new): (6c)(6b) the following Article 26aarticle is inserted : / "Article‘Article 26a / Complaint handling by national enforcement bodies and other bodies / 1. Without prejudice to the rights of consumers to seek alternative redress pursuant to Directive 2013/11/EU of the European Parliament and of the Council , after having complained unsuccessfully to the carrier or terminal operator pursuant to Article 24, the passenger may complain to the national enforcement body or any other body designated under paragraph 1 of Article 25no withinlater threethan monthsone year from receiving information on the rejection of the original complaint by the carrier or terminal operator. Where no reply is received within three months from making the original complaint, the passenger shall have the right to complain to the national enforcement body or any other body designated under paragraph 2. Where necessary, that body shall inform the complainant about his or her right to complain to alternative dispute resolution bodies to seek individual redress. / 2. Any passenger may complain about an alleged infringement of this Regulation at any terminal operator on the territory of a Member State or concerning a passenger service or a cruise, either to the national enforcement body, or to any other body designated by a Member State for that purpose. / 3. The national enforcement body or any other body designated under paragraph 2 shall acknowledge receipt of the complaint within two weeks of receiving it. The complaint-handling procedure shall…shall take a maximum of three months from the date of the establishment of the complaint file. The complaint-handling procedure shall be made accessible to persons with disabilities and to persons with reduced mobility in accessible format. / 4. Where a complaint relates to alleged infringements by terminal operator, the complaint shall be handled by the national enforcement bo…

Changed:Article 3 – paragraph 1 – point 6 dc (new), Article 27:26 (6d)b Article(new): 27(6c) isthe replacedfollowing byarticle theis following:inserted : / "ArticleArticle 2726b / ExchangeInspections of informationnational andenforcement cross-borderbodies cooperation/ between1. The Commission may conduct inspections of national enforcement bodies /in 1.order Whereto differentmonitor bodiesthe areapplication designatedby underMember ArticlesStates 25of the Regulation and 26a,to reportingmake mechanismsrecommendations shallto beimprove setits upenforcement. to/ ensure2. theThe exchangeCommission ofshall informationin betweengood them,time inbefore accordancean withinspection Regulationinform (EU)the 2016/679,Member inState orderconcerned tothereof. help/ the3. nationalEach enforcementCommission bodyinspection report shall be communicated to carrythe outnational itsenforcement tasksauthority of supervisionthe andMember enforcement,State andconcerned, sowhich thatshall, thein complaint-handlingits bodyanswer, designatedset underout Articlethe 26ameasures cantaken collectto remedy the informationnon-compliances necessaryidentified toand examineaddress individualthe complaints.recommendations. / 2.4. NationalThe enforcementreport, bodiestogether shallwith exchangethe informationanswer onof theirthe worknational andenforcement decision-makingbody, principlesshall andsubsequently practicesbe forcommunicated theto purposethe ofnational coordination.enforcement Thebodies Commissionof shallthe supportother themMember inStates, thatwhere task."appropriate.

Added:Regulation (EU) No 1177/2010

Added:Article 3 – paragraph 1 – point 6 d (new), Article 27: (6d) Article 27 is replaced by the following: / ‘Article 27 / Exchange of information and cross-border cooperation between national enforcement bodies / Where different bodies are designated under Articles 25 and 26a, reporting mechanisms shall be set up to ensure the exchange of information between them, in accordance with Regulation (EU) 2016/679, in order to help the national enforcement body to carry out its tasks of supervision and enforcement, and so that the complaint-handling body designated under Article 26a can collect the information necessary to examine individual complaints.’

Changed:Article 3 – paragraph 1 – point 7, Article 27a – paragraph 12 a (new): 1a. At the request of a Member State, or2a. onThe itsCommission ownshall initiative,support thedialogue Commissionand shallpromote examinecooperation casesbetween whereMember differencesStates inconcerning thenational applicationinterpretation and enforcementapplication of anythis ofRegulation through the provisionsCommittee ofreferred thisto Regulationin arise.Article 16a.

Changed:Article 3 – paragraph 1 – point 7, Article 27a – paragraph 2 ab (new): 2a.2b. TheAt Commissionthe shallrequest supportof dialoguea andMember promoteState, cooperationa betweenNational MemberEnforcement Statesbody, concerningor nationalon interpretationits andown applicationinitiative, ofthe thisCommission Regulationshall throughexamine cases where differences in the Committeeapplication referredand toenforcement inof Articleany 28a.of the provisions of this Regulation arise.

Changed:Article 3 – paragraph 1 – point 7, Article 27a – paragraph 2 bc (new): 2b.2c. MemberThe StatesCommission shallmay, providewhere annuallyappropriate, aadopt reportguidelines onwith theira activitiesview to the Commission, at the latest at the end of April of the following calendar year.promote Thecommon Commissionapplication mayand, decidewhere onnecessary, thepropose issuesamendments to be addressed in these reports via implementing acts. Those implementing actsthis shallRegulation beto adoptedthe inEuropean accordanceParliament withand theCouncil procedureunder referredarticle to27 inof Articlethis 28a.Regulation.

Changed:Article 3 – paragraph 1 – point 7 a (new), Article 28: (7a) Article 28 is replaced by the following : / "Article‘Article 28 / 1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them. / 2. In the framework of cooperation referred to in Article 27 the national enforcement body which is competent for the purposes of Article 26a (4) or (5) shall, at the request of the national enforcement body handling the complaint, investigate the infringement of this Regulation identified by that body and, if necessary, impose penalties."penalties.’

Changed:Article 3 – paragraph 1 – point 8 a (new), Article 29: (8a) Article 29 is replaced by the following: / "Article 29 / Every five years the Commission shall make a report on the implementation of this Regulation to the European Parliament and the Council based in particular on reports from the national enforcement bodies and results from its inspections. The report shall, where necessary, be accompanied by appropriate legislative proposals."

Changed:Article 4 – paragraph 1 – point -1 (new), Article 3 – paragraph 1 – point q a (new): (-1) In Article 3,3(1), the following definitionpoint is added:added : / (qa)‘(qa) “recognised assistance dog” means a dog specifically trained to increase independence and self-determination of persons with disabilities, officially recognised in accordance with applicable national rules, where such rules exist.’exist. ‘

Changed:Article 4 – paragraph 1 – point -1 a (new), Article 3 – paragraph 1 – point q b (new): (-1a) In Article 3,3(1), the following definitionpoint is added:added /: (qb)/ ‘service‘(qb) quality‘accessible standards’format’ means keya performanceformat indicatorsthat measuringgives howa passengerperson rightswith aredisabilities implemented.”or with reduced mobility access to any relevant information, including allowing such a person to have access to such information as easily and comfortably as a person without any impairments or disabilities, and that meets accessibility requirements defined in accordance with the applicable law, in particular with Annex I to Directive (EU) 2019/882;’

Changed:Article 4 – paragraph 1 – point 1,-1 b (new), Article 19a3 – paragraph 1 a– (new):point 1a.q Carriersc shall(new): automatically(-1b) sendIn toArticle passengers3(1), the common form for reimbursementfollowing andpoint compensationis requestsadded as: defined/ in‘(qc) Article‘service 1quality instandards’ themeans casekey ofperformance aindicators cancellationmeasuring orlevels aof delayperformance inand departureelements asof definedcompliance inwith Articlepassengers 19.rights.’

Changed:Article 4 – paragraph 1 – point 1, Article 19a – paragraph 2: 2. Passengers shall have the right1: to1. submitThe theirCommission requestsshall foradopt compensationan orimplementing reimbursementact usingestablishing thea common form referred to in paragraph 1 or by other means. Carriers shall not reject a requestfor solelyreimbursement onand thecompensation groundsrequests thatunder theArticle passenger19 hasof notthis usedRegulation. theThat common form referred to in paragraph 1. Passengers shall have the right to submit theirbe requestestablished in at least the language ofan theaccessible booking.format Ifand aavailable requestin isall notUnion sufficientlylanguages. precise,That theimplementing carrieract shall ask the passengerbe toadopted clarifyin oraccordance completewith the request and shallexamination dulyprocedure motivatereferred theto additionalin informationArticle and38 assist(2) theof passengerRegulation in(EU) doing2021/78219 so..

Changed:Article 4 – paragraph 1 – point 1, Article 19a – paragraph 3:1 3.a Without(new): prejudice1a. toCarriers paragraphshall 1a,automatically carrierssend shallto providepassengers detailsthe oncommon theirform websitefor suchreimbursement and compensation requests as andefined e-mailin address,paragraph to1 whichin requeststhe undercase paragraphof 1a maycancellation beor senta bydelay electronicin means.departure as defined in Article 19.

Added:Article 4 – paragraph 1 – point 1, Article 19a – paragraph 2: 2. Passengers shall have the right to submit their requests for compensation or reimbursement using the common form referred to in paragraph 1 or by other means. Carriers shall not reject a request solely on the grounds that the passenger has not used the common form referred to in paragraph 1. Passengers shall have the right to submit their request in at least the language of the booking and in the language internationally accepted in this field. If a request is not sufficiently precise, the carrier shall ask the passenger to clarify or complete the request and shall duly motivate the request for additional information and assist the passenger in doing so.

Added:Regulation (EU) No 181/2011

Added:Article 4 – paragraph 1 – point 1, Article 19a – paragraph 3: 3. Without prejudice to paragraph 1a, carriers shall provide clear information on their websites regarding the different electronic means that allow passengers to request reimbursement or compensation, such as an e-mail address, electronic forms or mobile applications, to which requests may be sent. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. Regardless of the electronic mean used, passengers shall be provided with electronic confirmation as proof that such a request has been submitted.

Added:Regulation (EU) No 181/2011

Removed:Article 4 – paragraph 1 – point 4 – point a, Article 24 – first sentence: Carriers and terminal managing bodies shall, within their respective areas of competence, provide passengers with adequate information throughout their travel in formats which are accessible to all and in the same languages as those in which information is generally made available to all passengers. This information, and the correspondence shall be provided by electronic means, where technically possible.

Added:Article 4 – paragraph 1 – point 2 a (new), Article 21: (2a) Article 21 is replaced by the following: / ‘Article 21 / 1. For a journey of a scheduled duration of more than 3 hours the carrier shall, in case of cancellation or delay in departure from a terminal of more than 90 minutes, offer the passenger free of charge: / 1a. Assistance must be provided proactively, without requiring a request from the passenger. It shall be offered in accessible formats and in the language of booking, including through announcements, SMS, and digital notifications. / 1b. Special attention must be paid to the needs of passengers with disabilities, reduced mobility, older persons, children, and other vulnerable travellers. Assistance shall be inclusive, dignified, and respect personal autonomy. / 1c. National Enforcement Bodies shall actively monitor compliance with this Article and impose sanctions for repeated failures, under Article 28.’

Changed:Article 4 – paragraph 1 – point 5,4 – point a, Article 2524 – paragraphfirst 1sentence: –Carriers subparagraphand 2:terminal Thismanaging informationbodies shallshall, alsowithin betheir providedrespective byareas electronicof meanscompetence, viaprovide thepassengers passengerwith contactadequate detailsinformation sharedthroughout withtheir thetravel carrierin or,formats wherewhich appropriate,are accessible to all and in the terminalsame operator,languages whenas purchasingthose thein ticket.which information is generally made available to all passengers. This information shall also be displayedprovided viaby electronic means atmeans, terminalswhere and,technically wherepossible. applicable,Where onproviding thesuch Internet.information Atby theelectronic requestmeans ofis anot personfeasible, withcarriers disabilitiesshall orensure persondirect withassistance reducedto mobilitypassengers thesuch informationas shallavailability beof provideda inphysical anpoint accessibleof format.’;contact.

Removed:Article 4 – paragraph 1 – point 6, Article 25a – paragraph 1: The information and the correspondence, referred to in Article 20, Article 24 and Article 25(1) shall be provided by electronic means, where technically possible

Added:Article 4 – paragraph 1 – point 5, Article 25 – paragraph 1 – subparagraph 2: This information shall also be provided by electronic means via the passenger contact details shared with the carrier or, where appropriate, to the terminal operator, when purchasing the ticket. This information shall also be displayed via electronic means at terminals and, where applicable, on the Internet. At the request of a person with disabilities or person with reduced mobility the information shall be provided in an accessible format.

Removed:Article 4 – paragraph 1 – point 6, Article 25a – paragraph 2: Where information is provided by electronic means of communication, carriers, terminal managing bodies, ticket vendors, travel agents and tour operators shall ensure that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. The burden of proof concerning the questions as to whether and when they have provided the necessary information to passengers shall rest with carriers, terminal managing bodies, ticket vendor and travel agents. All means of communication shall enable the passenger to contact them quickly, free of charge and communicate efficiently.;

Added:Article 4 – paragraph 1 – point 6, Article 25a – sparagraph 1: The information and the correspondence referred to in Article 20, Article 24 and Article 25(1) shall be provided by electronic means, where technically possible and in accesible format.

Removed:Article 4 – paragraph 1 – point 6 a (new), Article 26: (6a) Article 26 is replaced by the following: / "Article 26 / 1. Each carriers and terminal operator shall set up an accessible complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility. They shall make their contact details and working language, or languages, widely known to passengers / 2. Passengers may submit a complaint to any carriers or teminal operators regarding their respective fields of responsibility via the mechanisms referred to in paragraph 1. Such a complaint shall be submitted within 2 months from the date on which the service was performed or when a service should have been performed . Within 7 seven working days of receiving the complaint, the adressee shall confirm the receipt of the complaint to the passenger. Within two month of receiving the complaint, the adressee shall provide a reasoned answer to the passenger. Where the adressee does not provide that full answer within that two-month period, it shall be deemed to have accepted the passenger’s claims. With the reasoned answer, the adressee shall also communicate to the passenger concerned the relevant contact details of the National enforcement body or other body as defined in Article 28 paragraph 1 , including its postal address, phone number, email address and website address. / 3. Details of the complaint-handling procedure shall be accessible to the public, including to persons with disabilities and to persons with reduced …

Added:Article 4 – paragraph 1 – point 6, Article 25a – paragraph 2: Where information is provided by electronic means of communication, carriers, terminal managing bodies, ticket vendors, travel agents and tour operators shall ensure that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. The burden of proof concerning the questions as to whether and when they have provided the necessary information to passengers shall rest with carriers, terminal operators, travel agents and ticket vendor. All means of communication shall enable the passenger to contact them quickly and communicate efficiently.’;

Added:Regulation (EU) No 181/2011

Added:Article 4 – paragraph 1 – point 6 a (new), Article 26: (6a) Article 26 is replaced by the following: / ‘Article 26 / Complaint-handling / 1. Each carriers and terminal operator shall set up an accessible complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility. At the time of booking, they shall provide information to passengers on the complaint handling processes and the relevant time limits under this Article. Information on complaint handling shall also be accessible on the carriers’ websites and applications and shall be communicated in the email that notifies any event that could give rise to the rights enshrined in this Regulation. / 2. Passengers may submit a complaint to any carriers or terminal operators regarding their respective fields of responsibility via the mechanisms referred to in paragraph 1. Such a complaint shall be submitted within one year from the date on which the service was performed or when a service should have been performed . / 3. Within seven working days of receiving the complaint, the addressee shall confirm the receipt of the complaint to the passenger. Within two month of receiving the complaint, the addressee shall provide a reasoned answer to the passenger. Where the addressee does not provide that full answer within that two-month period, it shall be deemed to have accepted the passenger’s claims. / 4. With the reasoned answer, the addressee shall also communicate to the passenger concerned the relevant contact details…

Changed:Article 4 – paragraph 1 – point 7, Article 26a – paragraph 2: 2. Carriers1: shall1. monitorCarriers, theirwhich performanceare asnot reflectedSMEs, inshall theestablish service quality standards. Theystandards shalland publishimplement a report on their service quality performance on the Internet by [2 years after the day on which this Regulationmanagement becomessystem applicable],to andmaintain everyservice twoquality. yearsThe thereafter,service toquality bestandards availableshall at the same placeleast ascover the general information on passenger rights for bus and coach passengers. This report shallitems notlisted containin personalAnnex data.III.

Removed:Article 4 – paragraph 1 – point 7 a (new), Article 27: (7a) Article 27 is deleted

Added:Article 4 – paragraph 1 – point 7, Article 26a – paragraph 2: 2. Carriers, which are not SMEs, shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on the Internet by [2 years after the day of application of this Regulation], and every two years thereafter. This report shall not contain personal data.

Removed:Article 4 – paragraph 1 – point 7 b (new), Article 28: (7b) Article 28 is replaced by the following; / "Article 28 / Designation of national enforcement bodies / 1. Each Member State shall designate a National Enforcement Body or bodies responsible for the enforcement of this Regulation as regards regular services from points situated on its territory and regular services from a third country to such points passenger services . / (deleted) / 2. Each body shall take the measures necessary to ensure that the rights of passengers are respected. / 3. Each body shall be independent in its organisation, funding decisions, legal structure and decision-making of any carrier or terminal operator or any other commercial interests / 4. Member States shall inform the Commission of the body or bodies designated in accordance with this Article and of its or their respective responsibilities. The Commission and the bodies designated shall publish that information on their websites."

Added:Article 4 – paragraph 1 – point 7 a (new), Article 27: (7a) Article 27 is deleted ;

Changed:Article 4 – paragraph 1 – point 7 cb (new), Article 28 -a (new): (7c) The28: following(7b) Article 28-a28 is insertedreplaced :by the following: / "Article‘Article 28-a28 / Complaint handlingDesignation byof national enforcement bodies and other bodies / 1. WithoutEach prejudiceMember toState theshall rightsdesignate ofa consumersNational toEnforcement seekBody alternativeor redressbodies pursuantresponsible tofor Directivethe 2013/11/EUenforcement of thethis EuropeanRegulation Parliamentas andregards ofregular theservices Councilfrom ,points aftersituated havingon complainedits unsuccessfullyterritory toand theregular carrierservices orfrom terminala operatorthird pursuantcountry to Article 26,such thepoints passenger may complain to the nationalservices. enforcement/ body(deleted) or/ any2. otherEach body designated under paragraph 1 of Article 28 within three months from receiving informationshall ontake the rejection ofmeasures thenecessary originalto complaintensure bythat the carrier or terminal operator.rights Whereof nopassengers replyare isrespected. received/ within3. threeEach monthsbody fromshall makingbe theindependent originalin complaint,its theorganisation, passengerfunding shalldecisions, havelegal thestructure rightand todecision-making complainof toany thecarrier nationalor enforcementterminal bodyoperator or any other body designatedcommercial underinterests paragraph/ 2.(deleted) / Where necessary,4. thatMember bodyStates shall inform the complainant about his or her right to complain to alternative dispute resolution bodies to seek individual redress. / 2. Any passenger may complain about an alleged infringementCommission of this Regulation at any terminal operator on the territory of a Member State. / 3. The national enforcement body or any other bodybodies designated underin paragraphaccordance 2with shallthis acknowledgeArticle receiptand of the complaint within twoits weeksor oftheir receivingrespective it.responsibilities. The complaint-handling procedure shall take a maximum of three months from the date of the establishmentCommission ofand the complaint file. The complaint-handlingbodies proceduredesignated shall bepublish madethat accessibleinformation toon …their websites.’

Changed:Article 4 – paragraph 1 – point 8, Article 28a – title: TaskTasks of national enforcement bodies related to therisk-based approach concerning monitoring of compliance with passenger rights

Changed:Article 4 – paragraph 1 – point 8, Article 28a – paragraph 4: 4. Compliance monitoring activities shall be based on the assessment of risks that could be carried out by means of audits, inspections, interviews, verifications and examination of documents and discussions as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified.identified

Removed:Information already covered in other part of the Regulation.

Removed:Article 4 – paragraph 1 – point 8 a (new), Article 28 d (new): (8a) The following Article 28d is inserted: / Article 28d / Inspections of national enforcement bodies / 1. The Commission may conduct inspections of national enforcement bodies in order to monitor the application by Member States of the Regulation and to make recommendations to improve its enforcement. / 2. The Commission shall in good time before an inspection inform the Member State concerned thereof. / 3. Each Commission inspection report shall be communicated to the national enforcement authority of the Member State concerned, which shall, in its answer, set out the measures taken to remedy the non-compliances identified and address the recommendations. / 4. The report, together with the answer of the national enforcement body, shall subsequently be communicated to the national enforcement bodies of the other Member States, where appropriate.

Added:Article 4 – paragraph 1 – point 8 a (new), Article 29: (8a) Article 29 is replaced by the following: / ‘Article 29 / Enforcement tasks / 1. The National Enforcement Body shall closely monitor compliance with this Regulation and shall take the measures necessary to ensure that the rights of passengers are upheld. For this purpose, carriers and terminal operators shall provide the national enforcement body with relevant documents and information at their request within one month of its request. In complex cases, the national enforcement body may extend this period to a maximum of three months from the receipt of the request. In carrying out their functions, the national enforcement bodies shall take account of the information submitted to them by the other body designated to handle complaints as defined in Article 28 paragraph 1. / 2. Monitoring activities may be performed jointly by national enforcement bodies in the event of air services between two or several EU Member States. / 3. Member States shall ensure that their respective National Enforcement Bodies are given sufficient power to penalise effectively infringements. / 4. The National Enforcement Body shall disseminate such information to the bodies designated for alternative dispute resolution pursuant to this Regulation, where available. / 5. National Enforcement Bodies shall be able to take enforcement actions based on individual complaints as defined in Article 28. / 6. The National Enforcement Bodies shall perform a monitoring of compliance with passenger rights as lai…

Changed:Article 4 – paragraph 1 – point 8 b (new), Article 29:29 (8b)a Article(new 29): is(8b) replacedThe byfollowing thearticle following:is inserted: / "Article 2929a / EnforcementComplaint taskshandling /by 1.national Theenforcement Nationalbodies Enforcementand Bodyother shallbodies closely/ monitor1. complianceWithout withprejudice thisto Regulationthe andrights shallof takeconsumers theto measuresseek necessaryalternative redress pursuant to ensureDirective that2013/11/EU of the rightsEuropean Parliament and of passengersthe areCouncil upheld., Forafter thishaving purpose,complained carriersunsuccessfully andto the carrier or terminal operatorsoperator shallpursuant provideto Article 26, the passenger may complain to the national enforcement body withor relevantany documentsother andbody informationdesignated atunder theirparagraph request1 withinof oneArticle month28 ofno itslater request.than Inone carryingyear outfrom theirreceiving functions,information theon nationalthe enforcementrejection bodiesof shallthe takeoriginal accountcomplaint ofby the informationcarrier submittedor toterminal themoperator. byWhere thenecessary, otherthat body designatedshall inform the complainant about his or her right to handlecomplain complaintsto asalternative defineddispute inresolution Articlebodies 28to paragraphseek 1.individual redress. / 2. MonitoringAny activitiespassenger may be performedcomplain jointlyabout byan nationalalleged enforcementinfringement bodiesof inthis theRegulation eventat ofany airterminal servicesoperator betweenon twothe orterritory severalof EUa Member States. 3State. / 3. MemberThe Statesnational shallenforcement ensurebody thator theirany respectiveother Nationalbody Enforcementdesignated Bodiesunder areparagraph given2 sufficientshall poweracknowledge toreceipt penaliseof effectivelythe withcomplaint infringements.within /two 4.weeks Nationalof Enforcementreceiving Bodiesit. shallThe becomplaint-handling ableprocedure toshall take enforcementa actionsmaximum basedof onthree individualmonths complaintsfrom asthe defineddate inof Articlethe 28.establishment /of 5.the Thecomplaint Nationalfile. EnforcementThe Bodiescomplaint-handling procedure shall performbe amade monitoringaccessible ofto compliancepersons with passenger rights asdisabilities laidand downto inpersons Articlewith 28a.reduced /mobility 6.in Everyaccessible twoformat. years,/ the4. nationalWhere enforcementa bodiescomplaint shallrelates publishto reportsalleged withinfringements statisticsby onterminal theiroperator, activity,the includingcomplaint onshall penaltiesbe appliedhandled by 30 June of the following calendarnational year."enforce…

Changed:Article 4 – paragraph 1 – point 8 c (new), Article 30:29 (8c)b Article(new): 30(8c) isThe replacedfollowing byarticle theis following:inserted: / "Article 3029b / ExchangeInspections of informationnational andenforcement cross-borderbodies cooperation/ between1. The Commission may conduct inspections of national enforcement bodies /in 1.order Whereto differentmonitor bodiesthe areapplication designatedby underMember ArticlesStates 28of the Regulation and 28bis,to reportingmake mechanismsrecommendations shallto beimprove setits upenforcement. to/ ensure2. theThe exchangeCommission ofshall informationin betweengood them,time inbefore accordancean withinspection Regulationinform (EU)the 2016/679,Member inState orderconcerned tothereof. help/ the3. nationalEach enforcementCommission bodyinspection report shall be communicated to carrythe outnational itsenforcement tasksauthority of supervisionthe andMember enforcement,State andconcerned, sowhich thatshall, thein complaint-handlingits bodyanswer, designatedset underout Articlethe 28bismeasures cantaken collectto remedy the informationnon-compliances necessaryidentified toand examineaddress individualthe complaints.recommendations. / 2.4. NationalThe enforcementreport, bodiestogether shallwith exchangethe informationanswer onof theirthe worknational andenforcement decision-makingbody, principlesshall andsubsequently practicesbe forcommunicated theto purposethe ofnational coordination.enforcement Thebodies Commissionof shallthe supportother themMember inStates, thatwhere task."appropriate"

Removed:Article 4 – paragraph 1 – point 9, Article 30a – paragraph 2 a (new): 2a. The Commission shall support dialogue and promote cooperation between Member States concerning national interpretation and application of this Regulation through the Committee referred to in Article 31a.

Added:Article 4 – paragraph 1 – point 8 d (new), Article 30: (8d) Article 30 is replaced by the following: / ‘Article 30 / Exchange of information and cross-border cooperation between national enforcement bodies / 1. Where different bodies are designated under Article 28, reporting mechanisms shall be set up to ensure the exchange of information between them, in accordance with Regulation (EU) 2016/679, in order to help the national enforcement body to carry out its tasks of supervision and enforcement, and so that the complaint-handling body designated under Article 28bis can collect the information necessary to examine individual complaints. / 2. National enforcement bodies shall exchange information on their work and decision-making principles and practices for the purpose of coordination. The Commission shall support them in that task.’

Changed:Article 4 – paragraph 1 – point 9, Article 30a – paragraph 2 b (new): 2b. At the request of a Member State, or on its own(new): initiative,2a. theThe Commission shall examine cases where differences in thesupport applicationdialogue and enforcement of any of the provisions of this Regulationpromote arise.cooperation /between Member States shall provide annually a report on their activities to the Commission, at the latest atconcerning thenational endinterpretation ofand Aprilapplication of the following calendar year. The Commission may decide on the issues to be addressed in these reports via implementing acts. Those implementing acts shall be adopted inthis accordanceRegulation withthrough the procedureCommittee referred to in Article 31b.16a.

Removed:Article 4 – paragraph 1 – point 9 a (new), Article 31: (9a) Article 31 is replaced by the following: / "Article 31 / 1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them. / 2. In the framework of cooperation referred to in Article 30 the national enforcement body which is competent for the purposes of Article 28bis (4) or (5) shall, at the request of the national enforcement body handling the complaint, investigate the infringement of this Regulation identified by that body and, if necessary, impose penalties."

Added:Article 4 – paragraph 1 – point 9, Article 30a – paragraph 2 b (new): 2b. At the request of a Member State, a National Enforcement body, or on its own initiative, the Commission shall examine cases where differences in the application and enforcement of any of the provisions of this Regulation arise.

Added:Regulation (EU) No 181/2011

Added:Article 4 – paragraph 1 – point 9, Article 30a – paragraph 2 c (new): 2c. The Commission may, where appropriate, adopt guidelines with a view to promote common application and, where necessary, propose amendments to this Regulation to the European Parliament and Council under article 26 of this Regulation.

Changed:Article 4 – paragraph 1 – point 10 a (new), Article 32: (10a) Article 32 is replaced by the following: / "Article‘Article 32 / Every five years the Commission shall make a report on the implementation of this Regulation to the European Parliament and the Council based in particular on reports from the national enforcement bodies and results from its inspections. The report shall, where necessary, be accompanied by appropriate legislative proposals."proposals.’

Changed:Article 5 – paragraph 1 – point -1 (new), Article 3 – paragraph 1 – point 22 a (new): (-1) in Article 3,3(1), the following definitionpoint is added:added : / (22a)’(22a) 'recognised‘recognised assistance dog'dog’ means a dog specifically trained to increase independence and self-determination of persons with disabilities, officially recognised in accordance with applicable national rules, where such rules exist.’

Changed:Article 5 – paragraph 1 – point -1 a (new), Article 3 – paragraph 1 – point 22 b (new): (-1a) Inin Article 3,3(1), the following definitionpoint is added:added : / (22b)"(22b) ‘service quality standards’ means key performance indicators measuring howlevels passengerof rightsperformance areand implemented.”elements of compliance with passengers rights.”

Changed:Article 5 – paragraph 1 – point -1 b (new), Article 183 – paragraph 1 – point c a22 new:c (-1(new): b)(-1b) Inin Article 18, paragraph 1,3(1), the following point is added:added : / (ca)"(22c) send‘accessible automaticallyformat’ means a format that gives a person with disabilities or with reduced mobility access to passengersany therelevant commoninformation, formincluding forallowing reimbursementsuch anda compensationperson requeststo have access to such information as easily and comfortably as a person without any impairments or disabilities, and that meets accessibility requirements defined in paragraphaccordance 6with the applicable law, in particular with Annex I to Directive (EU) "

Changed:Article 5 – paragraph 1 – point -1 c (new), Article 2818 – paragraph 31 – point c a (new): (-1c) In Article 28,18(1), the following paragraphpoint is inserted:added: / 3a.‘(ca) Wherecommunication thein raila undertakingclear invokesand extraordinarycomprehensive circumstances,manner, itwithout shall,delay inor itsautomatically answer,by informelectronic themeans, passengereither of the specificcommon circumstancesform responsibleor fora thehyperlink cancellationproviding orfull delay.information Theand raildetails undertakingon shallrail alsoundertaking' showrespective thatwebsite itor tookabout allits reasonableown measurescompensation tosystems avoidupon the cancellationpassengers' eligibility for a refund or delay.compensation under this Regulation.’

Removed:Article 5 – paragraph 1 – point 1, Article 30a – paragraph 1: Where information under this Regulation is provided to passengers by electronic means of communication, railway undertakings, station managers, ticket vendors and tour operators shall ensure that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. The burden of proof concerning the questions as to whether and when they have provided the necessary information to passengers shall rest with railways undertaking, station managers, ticket vendors and tour operators. All means of communication shall enable the passenger to contact them quickly, free of charge, and communicate efficiently.;

Added:Article 5 – paragraph -1 d (new), Article 28 – paragraph 2: (-1d) In article 28, paragraph 2 is replaced by the following: / ‘2. Passengers may submit a complaint to any railway undertaking or station manager regarding their respective fields of responsibility via the mechanisms referred to in paragraph 1. Such a complaint shall be submitted within one year of the incident that it concerns. Within one month of receiving the complaint, the addressee shall either give a reasoned reply or, in justified cases, inform the passenger that he or she will receive a reply within a period of less than three months from the date of receipt of the complaint. Railway undertakings and station managers shall keep the data necessary to assess the complaint for the duration of the entire complaint-handling procedure, including the complaint-handling procedures referred to in Articles 33 and 34, and shall make that data available to national enforcement bodies upon request.’

Removed:Article 5 – paragraph 1 – point 1 a (new), Article 32 – paragraph 2 a (new): (1a) In Article 32, the following paragraph is inserted: / 2a. Member States shall ensure that their respective National Enforcement Bodies are given sufficient power to penalise effectively with infringements. National Enforcement Bodies shall be able to take enforcement actions based on individual complaints as defined in Article 28.

Added:Article 5 – paragraph -1 e (new), Article 28 – paragraphs 3: (-1e) In article 28, paragraph 3 is replaced by the following : / 3. Details of the complaint-handling procedure shall be accessible to the public, including to persons with disabilities and to persons with reduced mobility in accessible format. This information shall be available at least in the official language or languages of the Member State in which the railway undertaking is operating and in the language internationally accepted in this field.

Changed:Article 5 – paragraph 1 – point 1-1 bf (new), Article 3228 – paragraph 23 ba (new): (1b)(-1f) In Article 32,28, the following paragraph is inserted: / 2b. Railway undertaking shall3a. provideWhere the National Enforcement Body with comprehensiverail informationundertaking regardinginvokes extraordinary circumstances and the occurrence of technical issues, including the specific reasons for such circumstances. This information shall be provided withincircumstances, 48it hoursshall, followingin travelits disruption.answer, Ininform the eventpassenger thatof the railway undertaking invokes extraordinaryspecific circumstances as a justificationresponsible for refusing compensation under this Regulation, the carrier shall substantiate itscancellation claimor bydelay. providingThe adequaterail evidence.undertaking Furthermore,shall thealso carriershow shallthat demonstrateit thattook all reasonable measures were taken to preventavoid the cancellation or delay of the train in question.delay.

Removed:Article 5 – paragraph 1 – point 2, Article 32a – title: Tasks of national enforcement bodies related to the monitoring of compliance with passenger rights

Added:Article 5 – paragraph 1 – point 1, Article 30a – paragraph 1: Where information under this Regulation is provided to passengers by electronic means of communication, railway undertakings, station managers, ticket vendors and tour operators shall ensure that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. The burden of proof concerning the questions as to whether and when they have provided the necessary information to passengers shall rest with carriers, terminal operators, travel agents and ticket vendor. All means of communication shall enable the passenger to contact them quickly and communicate efficiently;

Removed:Article 5 – paragraph 1 – point 2, Article 32a – paragraph 4: 4. Compliance monitoring activities shall be carried out by means of audits, inspections, interviews, verifications and examination of documents and discussions as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified.

Added:Article 5 – paragraph 1 – point 1 a (new), Article 32 – paragraph 2 a (new): (1a) In Article 32, the following paragraph is inserted: / "2a. Member States shall ensure that their respective National Enforcement Bodies are given sufficient power to penalise effectively with infringements. National Enforcement Bodies shall be able to take enforcement actions based on individual complaints as defined in Article 28."

Removed:Article 5 – paragraph 1 – point 2, Article 32a – paragraph 5 a (new): 5a. If action plans are deemed insufficient, or if non-compliance necessitates an immediate action, National Enforcement Bodies may take enforcement actions as defined in Article 33.

Added:Article 5 – paragraph 1 – point 1 b (new), Article 32 – paragraph 2 b (new): (1b) In Article 32, the following paragraph is inserted: / ‘2b. Railway undertaking shall provide the National Enforcement Body with comprehensive information regarding extraordinary circumstances and the occurrence of technical issues, including the specific reasons for such circumstances. This information shall be provided within 48 hours following travel disruption. In the event that the railway undertaking invokes extraordinary circumstances as a justification for refusing compensation under this Regulation, the carrier shall substantiate its claim by providing adequate evidence. Furthermore, the carrier shall demonstrate that all reasonable measures were taken to prevent the cancellation or delay of the train in question.’

Changed:Article 5 – paragraph 1 – point 2 a (new), Article 32a a (new): (2a) theThe following Article 32aa is inserted: / Article 32aa / Inspections of national enforcement bodies / 1. The Commission shall conduct inspections of national enforcement bodies in order to monitor the application by Member States of the Regulation and to make recommendations to improve its enforcement. / 2. The Commission shall in good time before an inspection inform the Member State concerned thereof. / 3. Each Commission inspection report shall be communicated to the national enforcement authority of the Member State concerned, which shall, in its answer, set out the measures taken to remedy the non-compliances identified and address the recommendations. / 4. The report, together with the answer of the national enforcement body, shall subsequently be communicated to the national enforcement bodies of the other Member States, where appropriate.appropriate

Changed:Article 5 – paragraph 1 – point 2 ba (new), Article 33 – paragraph 2 a (new): (2 b)(2a) In Article 33, the following paragraph 2a is inserted: / 2a."2a. National Enforcement bodies or any other body designated under paragraph 2 shall be able to deal with individual passenger complaints and be granted, at least, with the minimum investigative and enforcement powers defined in article 9 of the Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004. / National Enforcement Bodies’ or any other body designated under paragraph 2 decisions shall be binding on both parties and enforceable, without prejudice to the right of parties to access the judicial system. "

Changed:Article 5 – paragraph 1 – point 3, Article 34a – paragraph 2 a (new): 2a. The Commission shall support dialogue and promote cooperation between Member States concerning national interpretation and application of this Regulation through the Committee referred to in Article 38.16a.

Changed:Article 5 – paragraph 1 – point 3, Article 34a – paragraph 2 b (new): 2b. At the request of a Member State, a National Enforcement body, or on its own initiative, the Commission shall examine cases where differences in the application and enforcement of any of the provisions of this Regulation arise. / Member States shall provide annually a report on their activities to the Commission, at the latest at the end of April of the following calendar year. The Commission may decide on the issues to be addressed in these reports via implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 16c.

Added:Article 5 – paragraph 1 – point 3, Article 34a – paragraph 2 c (new): 2c. The Commission may, where appropriate, adopt guidelines with a view to promote common application and, where necessary, propose amendments to this Regulation to the European Parliament and Council under article 27 of this Regulation.

Added:Regulation (EU) No 2021/782

Removed:Article 5 – paragraph 1 – point 3 b (new): (3b) Annex III is amended in accordance with Annex IVa to this Regulation.

Removed:Annex I a (new), Annex II a (new): ANNEX IIa / Exhaustive list of circumstances capable of being considered as extraordinary circumstances for the purposes of this Regulation. / 1. The following circumstances shall be capable of being considered as extraordinary: / i. natural disasters rendering impossible the safe operation of the flight; / ii. technical problems afflicting the aircraft which are directly caused by a hidden manufacturing defect formally acknowledged as such by the manufacturer or a competent authority and that arose during the maintenance check preceding the flight or after the aircraft has been released to service, which impinges on flight safety; / iii. collision between an aircraft and a bird and any damage caused by such a collision ; / iv.war, political unrest, acts of sabotage or terrorism rendering impossible the safe operation of the flight; / v. health risks or medical emergencies necessitating the interruption or deviation of the flight concerned; / vi.unruly behaviour of a passenger which causes the pilot in command of the aircraft to divert the flight concerned to an airport other than the airport of arrival in order to disembark this passenger or passengers and their baggage ; / vii. unforeseen air traffic management restrictions or the unforeseen closure of the airspace, including runway closures by the authorities; / viii. shortage of staff at the airport providing baggage loading services; / ix. meteorological conditions incompatible with flight safety or that have damaged the…

Added:Annex I – paragraph 5, Annex II – paragraph 5: deleted

Changed:Regulation (EU)(EC) No 1107/2006261/2004

Removed:Annex II, Annex III – paragraph 4 – point d a (new): (da) number of cases where the assistance was not provided or was provided with delay,

Added:Annex I a (new), Annex II a (new): Annex IIa / Exhaustive list of circumstances capable of being considered as extraordinary circumstances for the purposes of this Regulation. / 1. The following circumstances shall be capable of being considered as extraordinary: / i. natural disasters rendering impossible the safe operation of the flight; / ii. technical problems afflicting the aircraft which are directly caused by a hidden manufacturing defect formally acknowledged as such by the manufacturer or a competent authority and that arose during the maintenance check preceding the flight or after the aircraft has been released to service, which impinges on flight safety; / iii. collision between an aircraft and a bird and any damage caused by such a collision ; / iv. war, political unrest, acts of sabotage or terrorism rendering impossible the safe operation of the flight; / v. health risks or medical emergencies necessitating the interruption or deviation of the flight concerned; / vi. unruly behaviour of a passenger which causes the pilot in command of the aircraft to divert the flight concerned to an airport other than the airport of arrival in order to disembark this passenger or passengers and their baggage ; / vii. unforeseen air traffic management restrictions or the unforeseen closure of the airspace, including runway closures by the authorities; / viii. shortage of staff at the airport providing baggage loading services; / ix. meteorological conditions incompatible with flight safety or that have damaged t…

Changed:Regulation (EU)(EC) No 1177/20101107/2006

Changed:Annex III,II – paragraph 3 – point d a (new), Annex VIII – paragraph 84 – point d a (new): (d a)(da) number of cases where the assistance was not provided or was provided with delay,

Added:Regulation (EC) No 1177/2010

Added:Annex III – paragraph 3 – point d a (new), Annex V – paragraph 8 – point d a (new): (da) number of cases where the assistance was not provided or was provided with delay,

Added:Regulation (EC) No 1177/2010

Added:Annex III – paragraph 5, Annex V – paragraph 3: deleted

Removed:Annex IV, Annex III – paragraph 8 – point d a (new): (da) (d new) number of cases where the assistance was not provided or was provided with delay,

Added:Annex IV – paragraph 5, Annex III – paragraph 3: deleted

Added:Regulation (EU) No 181/2011

Added:Annex IV – paragraph 8 – point b a (new), Annex III – paragraph 4: (ba) number of cases where the assistance was not provided or was provided with delay,