Plenary report, 4 July 2025
On the proposal for a regulation of the European Parliament and of the Council amending Regulations (EC) No 261/2004, (EC) No 1107/2006, (EU) No 1177/2010, (EU) No 181/2011 and (EU) 2021/782 as regards enforcement of passenger rights in the Union
Report A-10-2025-0136 · (COM(2023)0753 – C90434/2023 – 2023/0437(COD))
Committee on Transport and Tourism · Rapporteur: Matteo Ricci
AI:In short
Parliament's amended version of the Commission proposal amending five passenger rights regulations (air, sea, bus and rail) to improve enforcement across the Union. It sets new definitions, including for extraordinary circumstances, cancellation, personal items, hand baggage, recognised assistance dogs and accessible formats. It strengthens the role, powers and independence of national enforcement bodies, adds complaint-handling deadlines, cross-border cooperation, Commission inspections and penalty rules. It clarifies reimbursement through intermediaries, ticket transfer rights, free hand luggage and seat allocation for children, and full compensation for lost or damaged mobility equipment. It requires a common form for compensation and reimbursement requests, service quality standards, and better information to passengers.
Position. The committee proposes to amend the Commission proposal to strengthen passenger rights, harmonise rules across transport modes, clarify definitions of extraordinary circumstances and cancellation, and enhance enforcement by national bodies.
Key points
- Regulation (EC) No 261/2004 would apply to all flights within the Union and to all flights departing from or arriving in the Union.
- A flight is considered cancelled when the aircraft lands elsewhere, returns to departure, passengers are transferred to other flights, or departure is brought forward by more than an hour.
- Extraordinary circumstances are limited to an exhaustive list in Annex IIa; air carriers must inform passengers within 48 hours whether such circumstances apply.
- Where a ticket is bought through an intermediary, the intermediary must reimburse the passenger free of charge, and air carriers and intermediaries must inform passengers about the reimbursement process.
- Air carriers must reimburse intermediaries within seven days, and intermediaries must reimburse passengers within a further seven days; if payment fails, the carrier must contact the passenger after 14 days.
- Passengers may change the name on a ticket or transfer it in exceptional circumstances, with notification at least 72 hours before the flight free of charge.
- Passengers have the right to one personal item free of charge and one piece of hand luggage up to 100 cm and 7 kilos without a price supplement.
- Air carriers must give priority to persons with reduced mobility and recognised assistance dogs, and provide free adjacent seating for accompanying persons, infants and children under 12.
- Air carriers and airport managing bodies are liable for loss of or damage to mobility equipment, assistive devices and recognised assistance dogs, and must compensate without undue delay.
- Air carriers and intermediaries must set up complaint-handling mechanisms, confirm receipt within 7 working days and give a reasoned answer within two months, or the claim is deemed accepted.
- National enforcement bodies must be independent, monitor compliance, exchange information across borders, and may take enforcement actions; the Commission may conduct inspections.
- Member States must lay down effective, proportionate and dissuasive penalties for infringements, and the Commission must report on the operation of the rules.
Who is affected
- Air carriers, airport managing bodies and intermediaries must comply with new reimbursement, information and complaint-handling duties.
- Passengers gain rights to free hand luggage, ticket transfer, clearer reimbursement and faster complaint handling.
- Persons with disabilities and reduced mobility benefit from full compensation for mobility equipment and free adjacent seating for accompanying persons.
- National enforcement bodies receive stronger powers, independence requirements and cross-border cooperation duties.
- Rail, sea, bus and coach carriers and terminal operators face similar enforcement, complaint-handling and service quality rules.
Figures and deadlines
- Personal item maximum dimensions: 40x30x15cm.
- Hand baggage maximum size: 120cm.
- Hand luggage maximum dimensions: 100 cm and maximum weight: 7 kilos.
- Air carriers must inform passengers within 48 hours about extraordinary circumstances.
- Air carriers must reimburse intermediaries within seven days; intermediaries must reimburse passengers within a further seven days.
- If reimbursement is not received within 14 days, the air carrier must contact the passenger the next day.
- Ticket transfer notification at least 72 hours before the flight is considered reasonable and free of charge.
- Complaint handling: confirmation within 7 working days, reasoned answer within two months.
Legal basis. Article 294(2), Article 91(1) and Article 100(2) of the Treaty on the Functioning of the European Union.
Written by AI from the full text · every figure comes from the text · ¶ opens the paragraph · 25 Sept 2026 · Report a problem
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Draft european parliament legislative resolution 1,070 paragraphs
(COM(2023)0753 – C90434/2023 – 2023/0437(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
–having regard to the Commission proposal to Parliament and the Council (COM(2023)0753),
–having regard to Article 294(2), Article 91(1) and Article 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90434/2023),
–having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,
–having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
–having regard to the opinion of the European Economic and Social Committee of 20 March 2024,
–having regard to Rules 60 and 41 of its Rules of Procedure,
–having regard to the opinion of the Committee on the Internal Market and Consumer Protection,
–having regard to the report of the Committee on Transport and Tourism (A10-0136/2025),
1.Adopts its position at first reading hereinafter set out;
Read the rest (1,058 paragraphs)
2.Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3.Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
Proposal for a regulation
Recital 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (2a) In the interest of fair international competition and in order to ensure that passengers are protected by a uniform and coherent framework of rights, Regulation (EC) No 261/2004 should apply to all flights within the Union, as well as to all flights departing from or arriving in the Union. |
Amendment 2
Proposal for a regulation
Recital 4
| Text proposed by the Commission | Amendment |
|---|---|
| (4) Simplification, consistency and harmonisation of the rules of Regulation (EC) No 261/2004, Regulation (EC) No 1107/2006, Regulation (EU) No 1177/2010, and Regulation (EU) No 181/2011 is required especially as regards rules dealing with the information to passengers on their rights before and during the journey, enforcement of passenger rights and complaint handling for passengers. The existing rules in those Regulations should be amended to complement those of the recently adopted Regulation (EU) 2021/782 of the European Parliament and of the Council9 as regards forms to request reimbursements and compensation, service quality standards, obligations for carriers to share information with national enforcement bodies, and information of passengers by national enforcement bodies on alternative dispute resolution. | (4) Simplification, consistency and harmonisation of the rules of Regulation (EC) No 261/2004, Regulation (EC) No 1107/2006, Regulation (EU) No 1177/2010, and Regulation (EU) No 181/2011 is required especially as regards rules dealing with the information to passengers on their rights before and during the journey, enforcement of passenger rights, national enforcement bodies powers and complaint handling for passengers. The existing rules in those Regulations should be amended to complement and harmonize those of the recently adopted Regulation (EU) 2021/782 of the European Parliament and of the Council9 as regards, designation and tasks of national enforcement body, complaints, complaint handling by national enforcement body or other bodies, forms to request reimbursements and compensation, service quality standards, obligations for carriers to share information with national enforcement bodies, and information of passengers by national enforcement bodies on alternative dispute resolution. |
| 9 Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (recast) (OJ L 172, 17.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/782/oj. | 9 Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (recast) (OJ L 172, 17.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/782/oj. |
Amendment 3
Proposal for a regulation
Recital 4 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (4a) The growing diffusion of claim agencies, private entities assisting passengers in claiming compensation under Regulation (EC) No 261/2004, clearly indicates the difficulties passengers face in obtaining the enforcement of their rights directly from air carrier; this phenomenon highlights that, in many cases, the complaint procedure and the recognition of compensation prove to be burdensome, uncertain, or excessively time-consuming for passengers, leading them to resort to commercial intermediaries who, retain a significant portion of the compensation due to the passengers themselves. This is symptomatic of the need to revise Regulation (EC) No 261/2004 in certain provisions, in order to enhance the effectiveness of its enforcement and to introduce more adequate mechanisms ensuring that air carriers comply with their obligations without requiring passengers to rely on costly intermediaries. |
Amendment 4
Proposal for a regulation
Recital 5
| Text proposed by the Commission | Amendment |
|---|---|
| (5) At present, as regards air tickets booked via an intermediary, the reimbursement process is unclear and should therefore be clarified. The intermediaries are involved in the reimbursement process in two different ways: either they transmitted the passenger’s (credit card) payment details directly to the carrier (‘pass-through’ intermediary), and the air carrier reverses the original payment flow so that the reimbursement arrives directly on the passenger’s account. Or the intermediary paid the air carrier from its own account (‘Merchant of Record’ intermediary), and when the air carrier reverses the payment flow, the reimbursement payment arrives on the intermediary’s account. The intermediary then transfers the final reimbursement payment to the passenger. Passengers are often not aware which reimbursement process the intermediary chooses. The intermediary and the air carrier should inform the passenger about the reimbursement process. In particular, the air carrier should state publicly whether it cooperates with intermediaries for the processing of reimbursements, and if so with which it does so. | (5) At present, as regards air tickets booked via an intermediary, the reimbursement process is unclear and should therefore be clarified. The intermediaries are involved in the reimbursement process in two different ways: either they transmitted the passenger’s (credit card) payment details directly to the carrier (‘pass-through’ intermediary), and the air carrier reverses the original payment flow so that the reimbursement arrives directly on the passenger’s account. Or the intermediary paid the air carrier from its own account (‘Merchant of Record’ intermediary), and when the air carrier reverses the payment flow, the reimbursement payment arrives on the intermediary’s account. The intermediary then transfers the final reimbursement payment to the passenger. Where the procedure consists of intermediaries transmitting the passengers payment details directly to the carrier, such procedure should be in line with the provisions laid down in Article 8 on the right to reimbursement and or re-routing. Passengers are often not aware which reimbursement process the intermediary chooses. The intermediary and the air carrier should inform the passenger about the reimbursement process. In particular, the intermediary should state in a manner that is clear and a form that is highly visible , including during the process of booking, whether it there is an agreement with the air carrier selected to sell their tickets for the processing of reimbursements, and if so which one does so. |
Amendment 5
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
|---|---|
| (14) Regarding air passenger rights, air carriers should strive to establish industry standards on the weight and dimensions of hand luggage with a view to limiting the current proliferation of different practices and enhancing the passenger travel experience, and report on their adherence to those standards as part of their service quality management systems. The publication of implementation reports by carriers on their quality standards should allow users to compare and make informed choices, encourage competition based on the quality of services, and facilitate uniform monitoring and enforcement by the national enforcement bodies. | (14) Air passenger rights regulation should ensure its objective of raising standards of protection and of information for passengers, strengthening their rights and ensuring that air carriers operate under harmonised conditions, including hand baggage dimensions. In accordance with the CJEU ruling in case C-487/12, hand baggage (i.e. luggage that is not checked in) should be considered as constituting a ‘necessary aspect’ of the carriage of passengers on condition that such baggage meets ‘reasonable requirements’ in terms of its weight and dimensions, and that its carriage should not, therefore, be made subject to a price supplement. Regarding air passenger rights, the airline industry should collaborate to establish a unique and standardized dimensions for personal items and cabin luggage. These standards should align with the safety, operational, and technical requirements of various aircraft types and configurations. The publication of implementation reports by carriers on their quality standards should allow users to compare and make informed choices, encourage competition based on the quality of services, and facilitate uniform monitoring and enforcement by the national enforcement bodies. Airlines should also communicate carry-on baggage dimensions clearly to passengers. |
Amendment 6
Proposal for a regulation
Recital 14 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (14a) Greater clarity needs to be provided in the cases that a personal item or hand luggage is left behind or lost in the aircraft cabin in order to facilitate the handling of such requests, ensuring a streamlined process and preventing any additional burden or miscommunication for passengers. |
Amendment 7
Proposal for a regulation
Recital 14 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (14b) The concept of extraordinary circumstances has been subject to abundant case law. Greater clarity should be provided on what constitutes extraordinary circumstances to allow air passenger rights to be effectively and consistently enforced. In the light of case law, a distinction should be made between events originating internally and those originating externally to the air carrier. Events shall be considered external when they arise from circumstances beyond the air carrier’s control and result from a natural event or an act of a third party. Such external events shall be generally qualified as extraordinary circumstances. Events that do not meet these criteria shall be deemed internal and shall not be qualified as extraordinary circumstances |
Amendment 8
Proposal for a regulation
Recital 17
| Text proposed by the Commission | Amendment |
|---|---|
| (17) In the light of Article 9 of the United Nations Convention on the Rights of Persons with Disabilities and in order to give persons with disabilities and persons with reduced mobility opportunities for air travel comparable to those of other citizens, if an air carrier, its agents or a tour operator requires a person with disabilities or person with reduced mobility to be accompanied by another person who is capable of providing the assistance required by applicable safety requirements established by international, Union or national law or by the competent authorities, the accompanying person should travel free of charge. In addition, it should be aligned with the existing rights in rail, bus and coach and waterborne transport modes in the Union. In addition, if information to persons with disabilities and reduced mobility is provided in accessible formats, it should be provided in accordance with the applicable legislation such as the accessibility requirements set out in Annex I to Directive (EU) 2019/88212 . | (17) In the light of Article 9 of the United Nations Convention on the Rights of Persons with Disabilities and in order to give persons with disabilities and persons with reduced mobility opportunities for air travel comparable to those of other citizens, if an air carrier, its agents or a tour operator requires a person with disabilities or person with reduced mobility to be accompanied by another person who is capable of providing the assistance required by applicable safety requirements established by international, Union or national law or by the competent authorities, the accompanying person should travel free of charge and sit next to the person with disability and reduced mobility. In addition, mobility equipment , including wheelchairs and assistive devices, is essential for passengers with disabilities and reduced mobility and its replacement remain difficult and costly. The loss or damage of such items has a significantly greater impact on the person concerned and therefore it should not be considered as standard luggage. Such items warrant specific treatment, higher standards of care during handling, and distinct liability and compensation provisions. Air carriers should provide full compensation to passengers in case of loss or damaged in respect to mobility equipment, assistive devices and recognised assistance dogs. In addition, free seating for the accompanying person and full liability for damaged mobility equipment in air transport should be aligned with the existing rights in rail, bus and coach and waterborne transport modes in the Union. In addition, when information to persons with disabilities and reduced mobility is provided in accessible formats, it should be provided in accordance with the applicable legislation including the accessibility requirements set out in Annex I to Directive (EU) 2019/88212 |
| 12 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70), ELI: http://data.europa.eu/eli/dir/2019/882/oj. | 12 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70), ELI: http://data.europa.eu/eli/dir/2019/882/oj. |
Amendment 9
Proposal for a regulation
Recital 17 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (17a) The European Commission, in cooperation with Member States and organisations representing persons with disabilities and recognised assistance dog handlers, should assess the situation in each Member State, while taking into account their specificities and act, including through legislation, to ensure that recognised assistance dogs are mutually recognised throughout the EU. In case a person with disability is permitted to travel with a recognised assistance dog on the outbound flight, the dog shall be regarded as a recognised assistance dog for the entire duration of the journey, including the return flight, in order to ensure uniform access and non-discrimination throughout the Union. |
Amendment 10
Proposal for a regulation
Recital 17 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (17b) A proactive, collaborative approach is needed to identify and remove accessibility barriers for PRMs while maintaining aviation safety as the top priority. To ensure consistency and a data-based legislation, a comprehensive study should assess how PRMs are accommodated by airlines and airports and thus eventually identifying inconsistencies in current practices. Particular attention should be paid to the fact that, according to Article 4(1) of Regulation (EC) No 1107/2006 (PRM Regulation), airlines may only refuse carriage to PRMs based on their disability or reduced mobility due to safety reasons, and it is questionable whether there are different interpretations of the latter. Coordination between EASA, the airline industry, airports and representatives of PRM is essential to establish clear, uniform safety criteria. Based on the findings, EASA should set common standards for European flights, with efforts to align globally through ICAO. |
Amendment 11
Proposal for a regulation
Recital 21 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (21a) “The Flight Emissions Label established pursuant to Article 14 of Regulation (EU) 2023/2405 of the European Parliament and the Council is at the disposal of the service providers should they want to display, easily accessible on their websites and on tickets, accurate and objective information regarding the environmental impact of their travel on a comparable way.” |
Amendment 12
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Regulation (EC) No 261/2004
Article 2 – paragraph 1 – point l
| Present text | Amendment |
|---|---|
| (-1) In Article 2, point l is replaced by the following: | |
| (l) "cancellation" means the non-operation of a flight which was previously planned and on which at least one place was reserved. | ‘(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 brought forward by more than an hour by the air carrier.’ |
(32004R0261)
Amendment 13
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 261/2004
Article 2 – paragraph 1 – point z a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (za) “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; |
Amendment 14
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 261/2004
Article 2 – paragraph 1 – point z b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (zb) “intermediation fee” means any difference between the amount paid by the passenger and the amount received by the air carrier for the same service, and which is collected by the intermediary; |
Amendment 15
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 261/2004
Article 2 – paragraph 1 – point z c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (zc) ‘service quality standards’ means key performance indicators measuring levels of performance and elements of compliance with passengers rights. |
Amendment 16
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 261/2004
Article 2 – paragraph 1 – point z d (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (zd) '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. |
Amendment 17
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 261/2004
Article 2 – paragraph 1 – point z e (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (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; |
Amendment 18
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 261/2004
Article 2 – paragraph 1 – point z f (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (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. |
Amendment 19
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 261/2004
Article 2 – paragraph 1 – point z g (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (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.’ |
Amendment 20
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EC) No 261/2004
Article 3 – paragraph 1 – point b
| Present text | Amendment |
|---|---|
| (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 benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier. | ‘(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.’ |
(32004R0261)
Amendment 21
Proposal for a regulation
Article 1 – paragraph 1 – point 1 b (new)
Regulation (EC) No 261/2004
Article 6 a (new)
| Present text | Amendment |
|---|---|
| (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.’ |
(32004R0261)
Amendment 22
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 261/2004
Article 8a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 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 accordance with this Article. | 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 be responsible to reimburse the passenger in accordance with this Article. |
Amendment 23
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 261/2004
Article 8a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The intermediary and the air carrier 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. | 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. |
Amendment 24
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 261/2004
Article 8a – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Reimbursement through the intermediary shall be free of charge for passengers and all other parties concerned. | 3. Reimbursements through the intermediary shall be free of charge for passengers. No costs shall be borne by the passenger in the reimbursement procedure. |
Amendment 25
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 261/2004
Article 8a – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The air carrier shall state publicly, in a clear, comprehensible and easily accessible manner, whether it agrees to process reimbursements through intermediaries, and with which intermediaries it accepts to do so. | 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. |
Amendment 26
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 261/2004
Article 8a – paragraph 5 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the air carrier shall reimburse 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 via the original payment method, at the latest within a further seven days, and inform the passenger and the air carrier thereof. | (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. |
Amendment 27
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 261/2004
Article 8a – paragraph 5 – pont b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) 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, 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. | (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. |
Amendment 28
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 261/2004
Article 8a – paragraph 5 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Amendment 29
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 261/2004
Article 8 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 8b | |
| Right of passengers to transfer their ticket to another holder in exceptional circumstances and change of name of the ticket holder. | |
| 1. Passengers who, for exceptional reasons, are no longer able to make a journey they have booked, shall be entitled to request a change in the name of the ticket holder. | |
| 2. Air carriers, operators or intermediaries shall be obliged to offer one of the following two options, made available at the time of reservation: | |
| (a) change in the name of the ticket holder free of charge in justified cases of force majeure, such as: | |
| (i) Death of the passenger or of a close family member; | |
| (ii) Serious medical problems preventing travel (proven by medical certificates); | |
| (iii) Other exceptional circumstances set out in national law or by the carrier; or | |
| (b). transfer of the ticket to another passenger. | |
| 3. Passengers may transfer the ticket to another person after providing reasonable notification to the carrier or intermediary on a durable medium prior to the flight. Notification provided at least 72 hours prior to the flight shall in all cases be considered reasonable and shall not be subject to any additional charge. | |
| 4. Where passengers transfer a ticket in the 72 hours prior to departure, the intermediary’s carrier may charge fees. The intermediary’s carrier shall inform the transferor of the actual costs of the transfer. These costs must not be unreasonable and must not exceed the actual cost borne by the carrier or intermediary for transfer of the ticket. | |
| 5. The transferor and the transferee shall be jointly and severally liable for payment of the balance due and for any additional charges. | |
| 6. The organiser shall provide the transferor with proof of any additional fees arising from transfer of a package travel contract. | |
| 7. Passengers shall be informed at the pre-contractual stage, and in the booking confirmation, of the possibility of transferring their ticket under this Article. | |
| 8. The passenger shall have the possibility to chage name of the ticket holder against payment of a transparent and fair fee set by the carrier and clearly communicated at the time of purchase of the ticket. This option must be made available to passengers at the time of reservation of the ticket and must be indicated in the air carrier’s terms and conditions. | |
| 9. Member States shall monitor the implementation of this measure to ensure that air carriers respect the right of passengers to transfer tickets under fair conditions. |
Amendment 30
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 261/2004
Article 11
| Present text | Amendment |
|---|---|
| (2a) Article 11 is replaced by the following: | |
| Article 11 | ‘Article 11 |
| Persons with reduced mobility or special needs | Persons with reduced mobility or special needs |
| -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 certified service dogs accompanying them, as well as unaccompanied children. | 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 and delays of any length, persons with reduced mobility and any persons accompanying them, as well as unaccompanied children, shall have the right to care in accordance with Article 9 as soon as possible. | 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. |
(32004R0261)
Amendment 31
Proposal for a regulation
Article 1 – paragraph 1 – point 2 b (new)
Regulation (EC) No 261/2004
Article 11 a (new)
| Present text | Amendment |
|---|---|
| (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 easily accessible information on the weight and dimension requirements for the hand luggage at the time of booking and after the booking is completed, ensuring passengers are fully informed before their journey. | |
| 3. For the event that a personal item or hand luggage is left behind in the aircraft cabin, the operating and contracting air carriers shall establish in advance which party is responsible for handling any subsequent requests. The designated responsible air carrier shall automatically inform the passengers, upon the completion of booking, regarding the procedure for retrieving forgotten personal items or hand luggage. This information shall be communicated in a clear and comprehensive manner and shall include electronic contact details, applicable forms, and any other pertinent details necessary for the passenger to initiate a request.’ |
(32004R0261)
Amendment 32
Proposal for a regulation
Article 2 – paragraph 1 – point 2 c (new)
Regulation (EC) No 261/2004
Article 14
| Present text | Amendment |
|---|---|
| (2c) Article 14 is replaced by the following: | |
| Article 14 | ‘Article 14 |
| Obligation to inform passengers of their rights | Obligation to inform passengers of their rights |
| 1. The operating air carrier shall ensure that at check-in 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, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance’. | 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 passengers with clearly legible and transparent information about passenger rights and contacts for help and assistance on electronic tickets and electronic and printed versions of a boarding card. | |
| 2. An operating air carrier denying boarding or cancelling a flight shall provide each passenger affected with a written notice setting out the rules for compensation and assistance in line with this Regulation. It shall also provide each passenger affected by a delay of at least two hours with an equivalent notice. The contact details of the national designated body referred to in Article 16 shall also be given to the passenger in written form. | 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 shall inform passenger of possible alternative transport modes. Air carriers shall clearly inform passengers of the procedure for requesting compensation, reimbursement or rerouting and assistance 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 16 shall also be given to the passenger in written form. |
| 3. In respect of blind and visually impaired persons, the provisions of this Article shall be applied using appropriate alternative means. | 3. In respect of blind and visually impaired persons, persons with cognitive or intellectual disabilities, and other persons with reduced mobility, the provisions of this Article shall be applied using appropriate alternative and accessible means. |
| 4. The airport managing body shall ensure that general information on passenger rights is clearly and visibly displayed within the passenger areas of the airport. On the basis of the information received, it shall also ensure that passengers present at the airport are informed about the causes and their rights in cases of delays and flight disruptions, such as the cancellation of their flight and about their rights in the event that the airline unexpectedly ceases operations as in the case, for example in the event of its insolvency or revocation of its operating licence. | |
| 5. In the event of cancellation or delay in departure, passengers shall be informed by the operating air carrier of the situation, including the cause of the disruption, as soon as this information is available, and in any event no later than 30 minutes after the scheduled departure time, and of the estimated departure time, provided that the air carrier has received the passenger's contact details in accordance with paragraphs 6 and 7 in case the ticket was acquired via an intermediary. | |
| 5a. The air carrier shall have documents available at the check-in counter and the boarding gate containing the European Air Passengers Charter, which its staff shall give to air passengers on request. The European Commission shall update such documents Charter every time there is a substantial change to air passengers' rights. | |
| 5b. Air carriers shall provide accessible, effective telephone assistance for all passengers once a flight has been booked; this service shall provide information and alternative proposals in the event of flight disruption and shall under no circumstances exceed the cost of a local call. | |
| 5c. Without prejudice to obligations under paragraph 2, any electronic communication to the passenger notifying him or her of cancellation, long delay, or change of schedule shall state prominently that the passenger may be entitled to compensation and/or assistance under this Regulation.’ |
(32004R0261)
Amendment 33
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 261/2004
Article 14a – title
| Text proposed by the Commission | Amendment |
|---|---|
| Transfer of information | Obligation on transfer of information |
Amendment 34
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 261/2004
Article 14a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The information for passengers under this Regulation shall be provided also by electronic means, where technically possible. Where information is provided by such means, air carriers and intermediaries shall ensure that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. All means of communication shall enable the passenger to contact them quickly and to communicate effectively. | 1. The information for, and the correspondence with passengers under this Regulation shall be provided by electronic means, where technically possible. Where information is provided by such means, air carriers and intermediaries 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 air carriers and intermediaries. All means of communication shall enable the passenger to contact air carriers and intermediaries quickly, free of charge and to communicate effectively. |
Amendment 35
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 261/2004
Article 14a – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. When offering a ticket, intermediaries shall inform passengers about the 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. |
Amendment 36
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 261/2004
Article 14a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Where the passenger does not acquire a ticket directly from the air carrier, but through an intermediary, this intermediary shall provide the contact details of the passenger 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 information, provision of care, reimbursement, re-routing and compensation obligations under this Regulation 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. | 2. Where the passenger does not acquire a ticket directly from the air carrier, but through an intermediary, this intermediary shall provide all contact details received from the passenger, 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. The contact details may not be used for commercial purposes unless the passenger has actively and explicitly requested the contrary. |
Amendment 37
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 261/2004
Article 14a – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The carrier shall delete the contact details within 72 hours after the completion of the contract of carriage unless further retention of the contact details is justified to fulfil obligations in respect of the passenger’s right to re-routing, reimbursement or compensation. | 3. The air carrier and the intermediary shall keep the passenger’s contact details no 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 such as provision of care, re-routing, reimbursement, or compensation and complaint handling. The air carrier and the intermediary shall process the passenger’s contact details solely for the purpose of fulfilling their respective obligations. |
Amendment 38
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 261/2004
Article 14a – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 4a. Intermediaries shall provide accessible, effective remote 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 the passenger’s rights and shall clearly inform passengers of the information to be provided about 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 16 shall also be given to the passenger in written form. |
Amendment 39
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EC) No 261/2004
Article 15a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Air carriers shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex II. | 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 II. |
Amendment 40
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EC) No 261/2004
Article 15a – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. Air carriers shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on their website by [2 years after the Regulation becomes applicable], and every two years thereafter. This report shall not contain personal data. |
Amendment 41
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EC) No 261/2004
Article 15a – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Airport managing bodies located in a Member State shall establish service quality standards based 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 on request.; | 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. |
Amendment 42
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EC) No 261/2004
Article 15a – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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.; |
Amendment 43
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EC) No 261/2004
Article 15a a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (4a) the following articleis inserted: | |
| Article 15aa | |
| Complaint-handling by air carries and intermediaries | |
| 1. Each air carrier and intermediary 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. Passengers may submit a complaint to any air carriers or intermediaries 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 7 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 to the passenger concerned the relevant contact details of the National enforcement body or other body as defined in Article 16 paragraph 1, including its postal address, phone number, email address and website address. | |
| 5. On receipt of the reasoned answer from the air carrier or the intermediary, the passenger concerned may complaint to any national enforcement body and/or to any national out-of-court dispute resolution body designated under Art 16 within a time limit, which shall be set in advance at not less than one year from the date on which the passenger submitted the complaint to the air carrier or the intermediary concerned. | |
| 6. Where the air carrier invokes extraordinary circumstances, it shall inform the passenger in its answer of the specific circumstances responsible for the cancellation or delay. The air carrier shall also show that it took all reasonable measures to avoid the cancellation or delay. | |
| 7. The burden of proof regarding the provision of the requisite information to passengers shall be on the air carrier and the intermediary. | |
| 8. 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 language of the booking reservation and in the language internationally accepted in this field. |
Amendment 44
Proposal for a regulation
Article 1 – paragraph 1 – point 4 b (new)
Regulation (EC) No 261/2004
Article 16
| Present text | Amendment |
|---|---|
| (4b) Article 16 is replaced by the following: | |
| Article 16 | ‘Article 16 |
| Infringements | Designation of national enforcement bodies |
| 1. Each Member State shall designate a body 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. Where appropriate, this body shall take the measures necessary to ensure that the rights of passengers are respected. The Member States shall inform the Commission of the body that has been designated in accordance with this paragraph. | 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. Without prejudice to Article 12, each passenger may complain to any body designated under paragraph 1, or to any other competent body designated by a Member State, about an alleged infringement of this Regulation at any airport situated on the territory of a Member State or concerning any flight from a third country to an airport situated on that territory. | 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. The sanctions laid down by Member States for infringements of this Regulation shall be effective, proportionate and dissuasive. | 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.’ |
(32004R0261)
Amendment 45
Proposal for a regulation
Article 1 – paragraph 1 – point 4 c (new)
Regulation (EC) No 261/2004
Article 16 a (new)
| Present text | Amendment |
|---|---|
| (4c) The following article is inserted : | |
| ’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 intermediaries 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 infringements. National Enforcement Bodies shall be able to take enforcement actions based on individual complaints as defined in Article 16b. | |
| 4. In the event that the air carrier invokes extraordinary circumstances as a justification for refusing compensation under this Regulation, the carrier shall substantiate its claim by providing adequate evidence on those circumstances and related technical issues to the NEB within 48 hours. Furthermore, the carrier shall demonstrate that all reasonable measures were taken to prevent the cancellation or delay of the flight in question. | |
| 5. The National Enforcement Body shall disseminate such information to the bodies designated for alternative dispute resolution pursuant to this Regulation, where available. | |
| 6. 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 Aviation Safety Agency. | |
| 7. On the basis of data which air carriers, airport managing bodies, intermediaries are required to provide on service quality standards as defined in Article 15a, the National enforcement body shall publish statistics concerning the number and nature of complaints, the number of cancellations, denied boardings and delays and their duration and data on lost, delayed or damaged baggage. | |
| 8. Air carriers and intermediaries shall give their contact details to the national enforcement body or bodies of the Member States in which they operate.’ |
(32004R0261)
Amendment 46
Proposal for a regulation
Article 1 – paragraph 1 – point 4 d (new)
Regulation (EC) No 261/2004
Article 16 b (new)
| Present text | Amendment |
|---|---|
| (4d) the following article is inserted : | |
| ‘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 no later than one year from receiving information on the rejection of the original complaint by the air carrier or the 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 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 infringements by airport managing body, the complaint shall be handled by the national enforcement body or any other body designated under paragraph 2 of the Member State on whose territory the incident occurred. | |
| 5. 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. | |
| 6. Decisions of National Enforcement Bodies or of any other body designated under paragraph 2 shall be binding on both parties and enforceable, without prejudice to the right of parties to access the judicial system.’ |
(32004R0261)
Amendment 47
Proposal for a regulation
Article 1 – paragraph 1 – point 4 e (new)
Regulation (EC) No 261/2004
Article 16 c (new)
| Present text | Amendment |
|---|---|
| (4e) the following article is inserted | |
| ‘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.’ |
(32004R0261)
Amendment 48
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 16aa – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission shall adopt an implementing act establishing a common form for compensation and reimbursement requests under Articles 7 and 8. That common form shall be established in a format which is accessible to persons with disabilities and persons with reduced mobility. 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 . | 1. The Commission shall adopt an implementing act establishing a common form for compensation and reimbursement requests (the ‘common form’) under Articles 7 and 8. That common form shall be established in an accessible format and available in all official Union 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 . |
| 15 Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (recast) (OJ L 172, 17.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/782/oj). | 15 Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (recast) (OJ L 172, 17.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/782/oj). |
Amendment 49
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 16aa – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Air carriers shall send to passengers the pre-filled common form within 48 hours following travel disruption for the purpose of reimbursement and compensation in accordance with Article 5a(2). |
Amendment 50
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 16aa – paragraph 1 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1b. This requirement set out in paragraph 1a shall not apply to 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 the language of the booking and in the language internationally accepted in this field. |
Amendment 51
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 16aa – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Passengers shall have the right to submit their requests using the common form referred to in paragraph 1. Operating air carriers and intermediaries shall not reject a request solely on the grounds that the passenger has not used that form. If a request is not sufficiently precise, the carrier shall ask the passenger to clarify the request and shall assist the passenger in doing so. | 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. |
Amendment 52
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 16aa – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. 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. This requirement shall not apply where other electronic means of communication allowing passengers to request reimbursement or compensation exist, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are also available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. | 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. |
Amendment 53
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 16aa – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The Commission shall make the common form available in all 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. | 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. |
Amendment 54
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 261/2004
Article 16ba – title
| Text proposed by the Commission | Amendment |
|---|---|
| Risk-based approach to the monitoring of compliance with passenger rights | Tasks of national enforcement bodies related to risk-based approach concerning monitoring of compliance with passenger rights |
Amendment 55
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 261/2004
Article 16ba – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Compliance monitoring activities shall be based on the assessment of risks and carried out by means of audits, inspections, interviews, verifications and examination of documents as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified. | 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. |
Amendment 56
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 261/2004
Article 16ba – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. National enforcement bodies shall ensure the swift rectification of non-compliance by air carriers, airport managing bodies and intermediaries as identified during their monitoring activities. They shall require carriers to submit an action plan to remedy non-compliance, as appropriate. | 5. National enforcement bodies shall ensure the swift rectification of non-compliance by air carriers, airport managing bodies and intermediaries as identified during their monitoring activities. They shall require carriers, airport managing bodies and intermediaries to submit an action plan to remedy non-compliance, as appropriate. |
Amendment 57
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 261/2004
Article 16ba – paragraph 5 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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 16a. |
Amendment 58
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 261/2004
Article 16bb
| Text proposed by the Commission | Amendment |
|---|---|
| Article 16bb | deleted |
| Sharing of information with national enforcement bodies | |
| 1. Carriers shall provide the national enforcement bodies with relevant documents and information at their request without undue delay and, in any event, within one month from the receipt of the request. | |
| 2. In complex cases, the national enforcement body may extend this period to a maximum of three months from the receipt of the request. | |
| 3. In carrying out their functions, the national enforcement bodies shall take account of the information submitted to them by the body designated to handle complaints, if this is a different body. |
Amendment 59
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 261/2004
Article 16bc a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Amendment 60
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 261/2004
Article 16bc – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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] |
Amendment 61
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EC) No 261/2004
Article 16bc b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 16bc b | |
| 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. |
Amendment 62
Proposal for a regulation
Article 1 – paragraph 1 – point 6 b (new)
Regulation (EC) No 261/2004
Article 16bc c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (6b) The following Article 16bcc is inserted | |
| ‘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 b (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. ‘ |
(32004R0261)
Amendment 63
Proposal for a regulation
Article 1 – paragraph 1 – point 6 c (new)
Regulation (EC) No 261/2004
Article 17
| Present text | Amendment |
|---|---|
| (6c) Article 17 is replaced by the following : | |
| Article 17 | ‘Article 17 |
| Report | Report |
| The Commission shall report to the European Parliament and the Council by 1 January 2007 on the operation and the results of this Regulation, in particular regarding: | The Commission shall report to the European Parliament and the Council four years after the entry into force on the operation and the results of this Regulation, in particular with regard to the impact of the compensation for long delays and the limitation of accommodation in extraordinary circumstances of long duration, issues concerning the interpretation of extraordinary circumstances, the statistics published by the National Enforcement Bodies on their activities, including on sanctions and their findings regarding suspected infringing practices by air carriers, the progress made in establishing national bodies responsible for the out-of-court resolution of disputes and the activities of the latter. The Commission shall also report on the 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 where necessary by legislative proposals.’ |
| — the incidence of denied boarding and of cancellation of flights, | |
| — the possible extension of the scope of this Regulation to passengers having a contract with a Community carrier or holding a flight reservation which forms part of a ‘package tour’ to which Directive 90/314/EEC applies and who depart from a third-country airport to an airport in a Member State, on flights not operated by Community air carriers, | |
| — the possible revision of the amounts of compensation referred to in Article 7(1). The report shall be accompanied where necessary by legislative proposals. |
(32004R0261)
Amendment 64
Proposal for a regulation
Article 2 – paragraph 1 – point -1 (new)
Regulation (EC) No 1107/2006
Article 2 – paragraph 1 – point l a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (-1) in Article 2(1), the following point is added : | |
| (la) ‘service quality standards’ means key performance indicators measuring levels of performance and elements of compliance with passengers rights.” |
(32006R1107)
Amendment 65
Proposal for a regulation
Article 2 – paragraph 1 – point -1 a (new)
Regulation (EC) No 1107/2006
Article 2 – paragraph 1 – point l b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (-1a) in Article 2(1), the following point is added: | |
| ‘(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 |
(32006R1107)
Amendment 66
Proposal for a regulation
Article 2 – paragraph 1 – point -1 b (new)
Regulation (EC) No 1107/2006
Article 2 – paragraph 1 – point l c (new)
| Present text | Amendment |
|---|---|
| (-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; |
(32006R1107)
Amendment 67
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Regulation (EC) No 1107/2006
Article 4 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 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.; | 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. |
Amendment 68
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Regulation (EC) No 1107/2006
Article 10a - title
| Text proposed by the Commission | Amendment |
|---|---|
| Service quality standards for air carriers | Service quality standards |
Amendment 69
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Regulation (EC) No 1107/2006
Article 10a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Air carriers shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex III. | 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. |
Amendment 70
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Regulation (EC) No 1107/2006
Article 10a – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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; |
Amendment 71
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Regulation (EC) No 1107/2006
Article 12
| Present text | Amendment |
|---|---|
| (2a) Article 12 is replaced by the following: | |
| Article 12 | ‘Article 12 |
| Compensation for lost or damaged wheelchairs, other mobility equipment and assistive devices | Compensation in respect of mobility equipment, assistive devices and recognised assistance dogs |
| Where wheelchairs or other mobility equipment or assistive devices are lost or damaged whilst being handled at the airport or transported on board aircraft, the passenger to whom the equipment belongs shall be compensated, in accordance with rules of international, Community and national law. | 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 is not possible to determine whether the air carrier or the ground operator is responsible for the loss or damage of mobility equipment or assistive devices, or for the loss or injury of a recognised assistance dog, the responsibility shall be equally shared between both parties to ensure the passenger receives compensation.’ |
(32006R1107)
Amendment 72
Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)
Regulation (EC) No 1107/2006
Article 14
| Present text | Amendment |
|---|---|
| (2b) Article 14 is replaced by the following: | |
| Article 14 | ‘Article 14 |
| Enforcement body and its tasks | 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 departing from or arriving at airports situated in its territory. Where appropriate, this body or bodies 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). The Member States shall inform the Commission of the body or bodies designated. | 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 and 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, where appropriate, provide that the enforcement body or bodies designated under paragraph 1 shall also ensure the satisfactory implementation of Article 8, including as regards the provisions on charges with a view to avoiding unfair competition. They may also designate a specific body to that effect. | 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.’ |
(32006R1107)
Amendment 73
Proposal for a regulation
Article 2 – paragraph 1 – point 2 c (new)
Regulation (EC) No 1107/2006
Article 14 -a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (2c) the following article 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.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, including on penalties applied by 30 June of the following calendar year. | |
| 6. Air carriers shall give their contact details to the national enforcement body or bodies of the Member States in which they operate. |
(32006R1107)
Amendment 74
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Regulation (EC) No 1107/2006
Article 14a – title
| Text proposed by the Commission | Amendment |
|---|---|
| Risk-based approach to the monitoring of compliance with passenger rights | Tasks of national enforcement bodies related to risk-based approach concerning monitoring of compliance with passenger rights |
Amendment 75
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Regulation (EC) No 1107/2006
Article 14a – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Compliance monitoring activities shall be based on the assessment of risks and carried out by means of audits, inspections, interviews, verifications and examination of documents as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified. | 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. |
Amendment 76
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Regulation (EC) No 1107/2006
Article 14a – paragraph 5 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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 16a |
Amendment 77
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Regulation (EC) No 1107/2006
Article 14b
| Text proposed by the Commission | Amendment |
|---|---|
| Article 14b | deleted |
| Sharing of information with national enforcement bodies | |
| 1. Air carriers, airport managing bodies and tour operators shall provide the national enforcement bodies with relevant documents and information at their request without undue delay and, in any event, within one month from the receipt of the request. | |
| 2. In complex cases, the national enforcement body may extend this period to a maximum of three months from the receipt of the request. | |
| 3. In carrying out its functions, the body designated in accordance with Article 14(1) shall take account of the information submitted to it by the body designated to handle complaints, if this is a different body. |
Amendment 78
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Regulation (EC) No 1107/2006
Article 14c – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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]. |
Amendment 79
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Regulation (EC) No 1107/2006
Article 14d – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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 16a. |
Amendment 80
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Regulation (EC) No 1107/2006
Article 14d – paragraph 2 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Amendment 81
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Regulation (EC) No 1107/2006
Article 14d – paragraph 2 c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Amendment 82
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Regulation (EC) No 1107/2006
Article 14d a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Amendment 83
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Regulation (EU) No 1107/2006
Article 15
| Present text | Amendment |
|---|---|
| (3a) Article 15 is replaced by the following: | |
| Article 15 | ‘Article 15 |
| Complaint procedure | Complaint-handling |
| 1. A disabled person or person with reduced mobility who considers that this Regulation has been infringed may bring the matter to the attention of the managing body of the airport or to the attention of the air carrier concerned, as the case may be. | 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. If the disabled person or person with reduced mobility cannot obtain satisfaction in such way, complaints may be made to any body or bodies designated under Article 14(1), or to any other competent body designated by a Member State, about an alleged infringement of 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. A body in one Member State which receives a complaint concerning a matter that comes under the responsibility of a designated body of another Member State shall forward the complaint to the body of that other Member State. | 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. The Member States shall take measures to inform disabled persons and persons with reduced mobility of their rights under this Regulation and of the possibility of complaint to this designated body or bodies. | 4. With the reasoned answer, the addressee 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. |
| 5. On receipt of the reasoned answer from the air carrier or the airport managing body, the passenger concerned may complaint to any national enforcement body and/or to any national out-of-court dispute resolution body designated under Art 14c within a time limit, which shall be set in advance at not less than one year from the date on which the passenger submitted the complaint to the air carrier or the intermediary concerned. | |
| 6. The burden of proof regarding the provision of the requisite information to passengers shall be on the air carrier and the intermediary. | |
| 7. 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 language of the booking reservation and in the language internationally accepted in this field.’ |
(32006R1107)
Amendment 84
Proposal for a regulation
Article 2 – paragraph 1 – point 3 b (new)
Regulation (EC) No 1107/2006
Article 15a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (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 accessible format. | |
| 4. Where a complaint relates to alleged infringements by airport managing body, the complaint shall be handled by the national enforcement body or any other body designated under paragraph 2 of the Member State on whose territory the incident occurred. | |
| 5 National Enforcement bodies or any other body designated under paragraph 2 shall be able to deal with individual disabled persons and persons with reduced mobility 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. | |
| 6. Decisions of National Enforcement Bodies or of any other body designated under paragraph 2 shall be binding on both parties and enforceable, without prejudice to the right of parties to access the judicial system.’ |
(32006R1107)
Amendment 85
Proposal for a regulation
Article 2 – paragraph 1 – point 3 c (new)
Regulation (EC) No 1107/2006
Article 16
| Present text | Amendment |
|---|---|
| (3c) Article 16 is replaced by the following: | |
| Article 16 | ‘Article 16 |
| Penalties | Penalties |
| The Member States shall lay down rules on penalties applicable to infringements of this Regulation and shall take all the measures necessary to ensure that those rules are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission and shall notify it without delay of any subsequent amendment affecting them. | 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.’ |
(32006R1107)
Amendment 86
Proposal for a regulation
Article 3 – paragraph 1 – point -1 (new)
Regulation (EC) No 1177/2010
Article 3 – paragraph 1 – point u a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (-1) in Article 3(1), the following point is added : | |
| ‘(ua) ‘service quality standards’ means key performance indicators measuring levels of performance and elements of compliance with passengers rights.’ |
(32010R1177)
Amendment 87
Proposal for a regulation
Article 3 – paragraph 1 – point -1 a (new)
Regulation (EU) No 1177/2010
Article 3 – paragraph 1 – point u b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (-1a) in Article 3(1), the following point is added | |
| ‘(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.’ |
(32010R1177)
Amendment 88
Proposal for a regulation
Article 3 – paragraph 1 – point -1 b (new)
Regulation (EU) No 1177/2010
Article 3 – paragraph 1 – point u c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (-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;’ |
(32010R1177)
Amendment 89
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point a a (new)
Regulation (EU) No 1177/2010
Article 16 – paragraph 3
| Present text | Amendment |
|---|---|
| (aa) paragraphs 3 is replaced by the following: | |
| 3. The carrier or, where appropriate, the terminal operator, shall ensure that disabled persons or persons with reduced mobility receive the information required under paragraphs 1 and 2 in accessible formats. | ‘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.’ |
(32010R1177)
Amendment 90
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point b
Regulation (EU) No 1177/2010
Article 16 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The information required under paragraphs 1 and 2 shall be provided by electronic means to all passengers, within the time-limit stipulated in paragraph 1, if the passenger has agreed to it and has provided the necessary contact details to the carrier or, where appropriate, to the terminal operator, when purchasing the ticket.; | 4. The information required under paragraphs 1 and 2 shall be also provided by electronic means to all passengers, within the time-limit stipulated in paragraph 1, via the contact details shared with the carrier or, where appropriate, to the terminal operator, when purchasing the ticket.; |
Amendment 91
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Regulation (EU) No 1177/2010
Article 19a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission shall adopt an implementing act establishing a common form for reimbursement and compensation requests under Articles 18 and 19. That common form shall be established in a format which is accessible to persons with disabilities and persons with reduced mobility. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 38 (2) of Regulation (EU) 2021/782.17 | 1. The Commission shall adopt an implementing act establishing a common form for reimbursement and compensation requests (the ‘common form’) under Articles 18 and 19. That common form shall be established in an accessible format and available in all Union languages. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 38 (2) of Regulation (EU) 2021/782.17 |
| 17 Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (recast) (OJ L 172, 17.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/782/oj). | 17 Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (recast) (OJ L 172, 17.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/782/oj). |
Amendment 92
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Regulation (EU) No 1177/2010
Article 19a – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Carriers shall automatically send to passengers the common form for reimbursement and compensation requests as defined in paragraph 1 in the case of a cancellation or a delay in departure or delay in arrival of a passenger service or a cruise as defined in Articles 18 and 19. |
Amendment 93
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Regulation (EU) No 1177/2010
Article 19a – paragraph 1 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Amendment 94
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Regulation (EU) No 1177/2010
Article 19a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The passengers shall have the right to submit their requests using the common form referred to in paragraph 1. Carriers shall not reject a request for reimbursement or compensation solely on the grounds that the passenger has not used that form. If a request is not sufficiently precise, the carriers shall ask the passenger to clarify the request and shall assist the passenger in doing so. | 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. |
Amendment 95
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Regulation (EU) No 1177/2010
Article 19a – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Carriers shall have electronic means for passengers on their website, such as an e-mail address, to which requests under paragraph 1 may be sent. This requirement shall not apply where other electronic means of communication exist allowing passengers to request reimbursement or compensation, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. | 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. |
Amendment 96
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point a – point i
Regulation (EU) No 1177/2010
Article 23 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 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.; | 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. |
Amendment 97
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Regulation (EU) No 1177/2010
Article 23a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| The information referred to in Articles 16, 22 and 23 shall be provided in the most appropriate format, where technically possible by electronic means. | 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. |
Amendment 98
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Regulation (EU) No 1177/2010
Article 23a – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 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. All means of communication shall enable the passenger to contact them quickly and communicate efficiently. | 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. |
Amendment 99
Proposal for a regulation
Article 3 – paragraph 1 – point 4 a (new)
Regulation (EU) No 1177/2010
Article 24
| Present text | Amendment |
|---|---|
| (4a) Article 24 is replaced by the following: | |
| Article 24 | ‘Article 24 |
| Complaints | Complaint-handling |
| 1. Carriers and terminal operators shall set up or have in place an accessible complaint-handling mechanism for rights and obligations covered by this Regulation. | 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’ 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. Where a passenger covered by this Regulation wants to make a complaint to the carrier or terminal operator, he shall submit it within 2 months from the date on which the service was performed or when a service should have been performed. Within 1 month of receiving the complaint, the carrier or terminal operator shall give notice to the passenger that his complaint has been substantiated, rejected or is still being considered. The time taken to provide the final reply shall not be longer than 2 months from the receipt of a complaint. | 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 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. | |
| 5. On receipt of the reasoned answer from the carrier, the passenger concerned may complaint to any national enforcement body and/or to any national out-of-court dispute resolution body designated under Art 25c within a time limit, which shall be set in advance at not less than one year from the date on which the passenger submitted the complaint to the carrier. | |
| 6. Where the air carrier invokes extraordinary circumstances, it shall inform the passenger in its answer of the specific circumstances responsible for the cancellation or delay. The carrier shall also show that it took all reasonable measures to avoid the cancellation or delay. | |
| 7. The burden of proof regarding the provision of the requisite information to passengers shall be on the carrier and the intermediary. | |
| 8. 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 language of the booking reservation and in the language internationally accepted in this field. ‘ |
(32010R1177)
Amendment 100
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Regulation (EU) No 1177/2010
Article 24a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Carriers shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex V. | 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. |
Amendment 101
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Regulation (EU) No 1177/2010
Article 24a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 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. This report shall not contain personal data. | 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. |
Amendment 102
Proposal for a regulation
Article 3 – paragraph 1 – point 5 a (new)
Regulation (EU) No 1177/2010
Article 25
| Present text | Amendment |
|---|---|
| (5a) Article 25 is replaced by the following : | |
| Article 25 | ‘Article 25 |
| National enforcement bodies | Designation of national enforcement bodies |
| 1. Each Member State shall designate a new or existing 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 compliance with this Regulation. | 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, in its organisation, funding decisions, legal structure and decision-making, be independent of commercial interests. | 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. | 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.’ |
Amendment 103
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Regulation (EU) No 1177/2010
Article 25a – title
| Text proposed by the Commission | Amendment |
|---|---|
| Risk-based approach to the monitoring of compliance with passenger rights | Tasks of national enforcement bodies related to risk-based approach concerning monitoring of compliance with passenger rights |
Amendment 104
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Regulation (EU) No 1177/2010
Article 25a – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Compliance monitoring activities shall be based on the assessment of risks and carried out by means of audits, inspections, interviews, verifications and examination of documents as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified. | 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. |
Amendment 105
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Regulation (EU) No 1177/2010
Article 25a – paragraph 5 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Amendment 106
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Regulation (EU) No 1177/2010
Article 25b
| Text proposed by the Commission | Amendment |
|---|---|
| Article 25b | deleted |
| 1. Carriers, terminal operators and port authorities, when applicable, shall provide national enforcement bodies with relevant documents and information at their request without undue delay and, in any event, within one month from the receipt of the request. | |
| 2. In complex cases, the national enforcement body may extend this period to a maximum of three months from the receipt of the request. | |
| 3. In carrying out their functions, the national enforcement bodies shall take account of the information submitted to them by the body designated under Article 25(3) to handle complaints, if this is a different body. |
Amendment 107
Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)
Regulation (EU) No 1177/2010
Article 26
| Present text | Amendment |
|---|---|
| (6a) Article 26 is replaced by the following: | |
| Article 26 | ‘Article 26 |
| Report on enforcement | Enforcement tasks |
| By 1 June 2015 and every 2 years thereafter, the enforcement bodies designated pursuant to Article 25 shall publish a report on their activity in the previous two calendar years, containing in particular a description of actions taken in order to implement the provisions of this Regulation, details of sanctions applied and statistics on complaints and sanctions applied. | 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 infringements. National Enforcement Bodies shall be able to take enforcement actions based on individual complaints as defined in Article 26a. | |
| 4. In the event that the carrier invokes extraordinary circumstances as a justification for refusing compensation under this Regulation, the carrier shall substantiate its claim by providing adequate evidence on those circumstances and related technical issues to the NEB within 48 hours. Furthermore, the carrier shall demonstrate that all reasonable measures were taken to prevent the cancellation or delay of the passenger service or cruise in question. | |
| 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. The National Enforcement Body shall disseminate such information to the bodies designated for alternative dispute resolution pursuant to this Regulation, where available. | |
| 7. On the basis of data which carriers, terminal operators, intermediaries are required to provide on service quality standards as defined in Article 10a, the National enforcement body shall publish statistics concerning the number and nature of complaints, the number of cancellations, denied boardings and delays and their duration and data on lost, delayed or damaged baggage. Carriers shall give their contact details to the national enforcement body or bodies of the Member States in which they operate.’ |
(32010R1177)
Amendment 108
Proposal for a regulation
Article 3 – paragraph 1 – point 6 b (new)
Regulation (EU) No 1177/2010
Article 26 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (6b) the following article is inserted : | |
| ‘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 no later than one year from receiving information on the rejection of the original complaint by the carrier or terminal operator. | |
| 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 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 body or any other body designated under paragraph 2 of the Member State on whose territory the incident occurred. | |
| 5. 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. | |
| 6. Decisions of National Enforcement Bodies or of any other body designated under paragraph 2 shall be binding on both parties and enforceable, without prejudice to the right of parties to access the judicial system.’ |
(32010R1177)
Amendment 109
Proposal for a regulation
Article 3 – paragraph 1 – point 6 c (new)
Regulation (EU) No 1177/2010
Article 26 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (6c) the following article is inserted : | |
| Article 26b | |
| 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. |
Amendment 110
Proposal for a regulation
Article 3 – paragraph 1 – point 6 d (new)
Regulation (EU) No 1177/2010
Article 27
| Present text | Amendment |
|---|---|
| (6d) Article 27 is replaced by the following: | |
| Article 27 | ‘Article 27 |
| Cooperation between enforcement bodies | Exchange of information and cross-border cooperation between national enforcement bodies |
| National enforcement bodies referred to in Article 25(1) shall exchange information on their work and decision-making principles and practice to the extent necessary for the coherent application of this Regulation. The Commission shall support them in that task. | 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.’ |
(32010R1177)
Amendment 111
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Regulation (EU) No 1177/2010
Article 27a – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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 16a. |
Amendment 112
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Regulation (EU) No 1177/2010
Article 27a – paragraph 2 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Amendment 113
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Regulation (EU) No 1177/2010
Article 27a – paragraph 2 c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Amendment 114
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
Regulation (EU) No 1177/2010
Article 28
| Present text | Amendment |
|---|---|
| (7a) Article 28 is replaced by the following : | |
| Article 28 | ‘Article 28 |
| Penalties | Penalties |
| The Member States shall lay down rules on penalties applicable to infringements of the provisions of this Regulation and shall take all the measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify those rules and measures to the Commission by 18 December 2012 and shall notify it without delay of any subsequent amendment affecting them. | 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.’ |
(32010R1177)
Amendment 115
Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)
Regulation (EU) No 1177/2010
Article 29
| Present text | Amendment |
|---|---|
| (8a) Article 29 is replaced by the following: | |
| Article 29 | Article 29 |
| Report | Report |
| The Commission shall report to the European Parliament and to the Council by 19 December 2015 on the operation and the effects of this Regulation. The report shall be accompanied where necessary by legislative proposals implementing in further detail the provisions of this Regulation, or amending it | 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." |
(32010R1177)
Amendment 116
Proposal for a regulation
Article 4 – paragraph 1 – point -1 (new)
Regulation (EU) No 181/2011
Article 3 – paragraph 1 – point q a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (-1) In Article 3(1), the following point is added : | |
| ‘(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. ‘ |
(32011R0181)
Amendment 117
Proposal for a regulation
Article 4 – paragraph 1 – point -1 a (new)
Regulation (EU) No 181/2011
Article 3 – paragraph 1 – point q b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (-1a) In Article 3(1), the following point is added : | |
| ‘(qb) ‘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;’ |
(32011R0181)
Amendment 118
Proposal for a regulation
Article 4 – paragraph 1 – point -1 b (new)
Regulation (EU) No 181/2011
Article 3 – paragraph 1 – point q c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (-1b) In Article 3(1), the following point is added : | |
| ‘(qc) ‘service quality standards’ means key performance indicators measuring levels of performance and elements of compliance with passengers rights.’ |
(32011R0181)
Amendment 119
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Regulation (EU) No 181/2011
Article 19a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission shall adopt an implementing act establishing a common form for reimbursement and compensation requests under Article 19 of this Regulation. That common form shall be established in a format which is accessible to persons with disabilities and persons with reduced mobility. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 38 (2) of Regulation (EU) 2021/78219 . | 1. The Commission shall adopt an implementing act establishing a common form for reimbursement and compensation requests under Article 19 of this Regulation. That common form shall be established in an accessible format and available in all Union languages. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 38 (2) of Regulation (EU) 2021/78219 . |
| 19 Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (recast) (OJ L 172, 17.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/782/oj. | 19 Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (recast) (OJ L 172, 17.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/782/oj. |
Amendment 120
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Regulation (EU) No 181/2011
Article 19a – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Carriers shall automatically send to passengers the common form for reimbursement and compensation requests as defined in paragraph 1 in the case of a cancellation or a delay in departure as defined in Article 19. |
Amendment 121
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Regulation (EU) No 181/2011
Article 19a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The passengers shall have the right to submit their requests using the common form referred to in paragraph 1. Carriers shall not reject a request for reimbursement or compensation solely on the grounds that the passenger has not used that form. If a request is not sufficiently precise, the carrier shall ask the passenger to clarify the request and shall assist the passenger in doing so. | 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. |
Amendment 122
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Regulation (EU) No 181/2011
Article 19a – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Carriers shall have electronic means for passengers on their website, such as an e-mail address, to which requests under paragraph 1 may be sent. This requirement shall not apply where other electronic means of communication allowing passengers to request reimbursement or compensation exist, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. | 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. |
Amendment 123
Proposal for a regulation
Article 4 – paragraph 1 – point 2 – point a
Regulation (EU) No 181/2011
Article 20 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Carriers and intermediaries which are SMEs shall be exempted from the provisions on real-time information under this Article, in particular with regard to the time limit of 30 minutes. |
Amendment 124
Proposal for a regulation
Article 4 – paragraph 1 – point 2 – point b
Regulation (EU) No 181/2011
Article 20 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The information required under paragraphs 1 and 2 shall also be provided by electronic means to all passengers, including those departing from bus stops, within the time-limit provided in paragraph 1, if the passenger has agreed to it and has provided the necessary contact details to the carrier or, where appropriate, to the terminal managing body, when purchasing the ticket.; | 4. The information required under paragraphs 1 and 2 shall also be also provided by electronic means to all passengers, including those departing from bus stops, within the time-limit provided in paragraph 1, via the contact details shared with the carrier or, where appropriate, to the terminal managing body, when purchasing the ticket.; |
Amendment 125
Proposal for a regulation
Article 4 – paragraph 1 – point 2 a (new)
Regulation (EU) No 181/2011
Article 21
| Present text | Amendment |
|---|---|
| (2a) Article 21 is replaced by the following: | |
| Article 21 | ‘Article 21 |
| Assistance in case of cancelled or delayed departures | Assistance in case of cancelled or delayed departures |
| 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: | 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: |
| (a) snacks, meals or refreshments in reasonable relation to the waiting time or delay, provided they are available on the bus or in the terminal, or can reasonably be supplied; | (a) snacks, meals or refreshments in reasonable relation to the waiting time or delay, provided they are available on the bus or in the terminal, or can reasonably be supplied; |
| (b) a hotel room or other accommodation as well as assistance to arrange transport between the terminal and the place of accommodation in cases where a stay of 1 or more nights becomes necessary. For each passenger, the carrier may limit the total cost of accommodation, not including transport to and from the terminal and place of accommodation, to EUR 80 per night and for a maximum of 2 nights. | (b) a hotel room or other accommodation as well as assistance to arrange transport between the terminal and the place of accommodation in cases where a stay of 1 or more nights becomes necessary. For each passenger, the carrier may limit the total cost of accommodation, not including transport to and from the terminal and place of accommodation, to EUR 80 per night and for a maximum of 2 nights. |
| In applying this Article the carrier shall pay particular attention to the needs of disabled persons and persons with reduced mobility and any accompanying persons. | In applying this Article the carrier shall pay particular attention to the needs of disabled persons and persons with reduced mobility and any accompanying persons. |
| 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.’ |
Amendment 126
Proposal for a regulation
Article 4 – paragraph 1 – point 4 – point a
Regulation (EU) No 181/2011
Article 24 – first sentence
| Text proposed by the Commission | Amendment |
|---|---|
| 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.; | 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 shall be provided by electronic means, where technically possible. Where providing such information by electronic means is not feasible, carriers shall ensure direct assistance to passengers such as availability of a physical point of contact. |
Amendment 127
Proposal for a regulation
Article 4 – paragraph 1 – point 5
Regulation (EU) No 181/2011
Article 25 – paragraph 1 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| This information shall also be provided by electronic means if feasible including 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, where feasible, in an accessible format.; | 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. |
Amendment 128
Proposal for a regulation
Article 4 – paragraph 1 – point 6
Regulation (EU) No 181/2011
Article 25a – sparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| The information referred to in Article 20, Article 24 and Article 25(1) shall be provided in the most appropriate format, where technically possible by electronic means. | 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. |
Amendment 129
Proposal for a regulation
Article 4 – paragraph 1 – point 6
Regulation (EU) No 181/2011
Article 25a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 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. All means of communication shall enable the passenger to contact them quickly and communicate efficiently.; | 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.’; |
Amendment 130
Proposal for a regulation
Article 4 – paragraph 1 – point 6 a (new)
Regulation (EU) No 181/2011
Article 26
| Present text | Amendment |
|---|---|
| (6a) Article 26 is replaced by the following: | |
| Article 26 | ‘Article 26 |
| Complaints | Complaint-handling |
| Carriers shall set up or have in place a complaint handling mechanism for the rights and obligations set out in this Regulation. | 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 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. | |
| 5. On receipt of the reasoned answer from the air carrier or the intermediary, the passenger concerned may complaint to any national enforcement body and/or to any national out-of-court dispute resolution body designated under Art 16 within a time limit, which shall be set in advance at not less than one year from the date on which the passenger submitted the complaint to the air carrier or the intermediary concerned. | |
| 6. The burden of proof regarding the provision of the requisite information to passengers shall be on the air carrier and the intermediary. | |
| 7. 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 language of the booking reservation and in the language internationally accepted in this field. " |
(32011R0181)
Amendment 131
Proposal for a regulation
Article 4 – paragraph 1 – point 7
Regulation (EU) No 181/2011
Article 26a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Carriers shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex III. | 1. Carriers, which are not SMEs, shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex III. |
Amendment 132
Proposal for a regulation
Article 4 – paragraph 1 – point 7
Regulation (EU) No 181/2011
Article 26a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 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 on which this Regulation becomes applicable], and every two years thereafter. This report shall not contain personal data. | 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. |
Amendment 133
Proposal for a regulation
Article 4 – paragraph 1 – point 7 a (new)
Regulation (EU) No 181/2011
Article 27
| Text proposed by the Commission | Amendment |
|---|---|
| (7a) Article 27 is deleted ; |
(32011R0181)
Amendment 134
Proposal for a regulation
Article 4 – paragraph 1 – point 7 b (new)
Regulation (EU) No 181/2011
Article 28
| Present text | Amendment |
|---|---|
| (7b) Article 28 is replaced by the following: | |
| Article 28 | ‘Article 28 |
| National enforcement bodies | Designation of national enforcement bodies |
| 1. Each Member State shall designate a new or existing 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. Each body shall take the measures necessary to ensure compliance with this Regulation. | 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. |
| Each body shall, in its organisation, funding decisions, legal structure and decision making, be independent of carriers, tour operators and terminal managing bodies. | |
| 2. Member States shall inform the Commission of the body or bodies designated in accordance with this Article. | 2. Each body shall take the measures necessary to ensure that the rights of passengers are respected. |
| 3. Any passenger may submit a complaint, in accordance with national law, to the appropriate body designated under paragraph 1, or to any other appropriate body designated by a Member State, about an alleged infringement of this Regulation. | 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 |
| A Member State may decide that the passenger as a first step shall submit a complaint to the carrier in which case the national enforcement body or any other appropriate body designated by the Member State shall act as an appeal body for complaints not resolved under Article 27. | |
| 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.’ |
(32011R0181)
Amendment 135
Proposal for a regulation
Article 4 – paragraph 1 – point 8
Regulation (EU) No 181/2011
Article 28a – title
| Text proposed by the Commission | Amendment |
|---|---|
| Risk-based approach to the monitoring of compliance with passenger rights | Tasks of national enforcement bodies related to risk-based approach concerning monitoring of compliance with passenger rights |
Amendment 136
Proposal for a regulation
Article 4 – paragraph 1 – point 8
Regulation (EU) No 181/2011
Article 28a – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Compliance monitoring activities shall be based on the assessment of risks and carried out by means of audits, inspections, interviews, verifications and examination of documents as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified. | 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 |
Amendment 137
Proposal for a regulation
Article 4 – paragraph 1 – point 8
Regulation (EU) No 181/2011
Article 28a – paragraph 5 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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 29. |
Amendment 138
Proposal for a regulation
Article 4 – paragraph 1 – point 8
Regulation (EU) No 181/2011
Article 28b
| Text proposed by the Commission | Amendment |
|---|---|
| Article 28b | deleted |
| Sharing of information with national enforcement bodies | |
| 1. Carriers and terminal managing bodies shall provide the national enforcement bodies with relevant documents and information at their request without undue delay and, in any event, within one month from the receipt of the request. | |
| 2. In complex cases, the national enforcement body may extend this period to a maximum of three months from the receipt of the request. | |
| 3. In carrying out their functions, the national enforcement bodies shall take account of the information submitted to them by the body designated under Article 28(3) to handle complaints, if this is a different body. |
Amendment 139
Proposal for a regulation
Article 4 – paragraph 1 – point 8 a (new)
Regulation (EU) No 181/2011
Article 29
| Present text | Amendment |
|---|---|
| (8a) Article 29 is replaced by the following: | |
| Article 29 | ‘Article 29 |
| Report on enforcement | Enforcement tasks |
| By 1 June 2015 and every 2 years thereafter, the enforcement bodies designated pursuant to Article 28(1) shall publish a report on their activity in the previous 2 calendar years, containing in particular a description of actions taken in order to implement this Regulation and statistics on complaints and sanctions applied. | 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 laid down in Article 28a. | |
| 7. 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.’ |
(32011R0181)
Amendment 140
Proposal for a regulation
Article 4 – paragraph 1 – point 8 b (new)
Regulation (EU) No 181/2011
Article 29 a (new )
| Text proposed by the Commission | Amendment |
|---|---|
| (8b) The following article is inserted: | |
| "Article 29a | |
| 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 26, the passenger may complain to the national enforcement body or any other body designated under paragraph 1 of Article 28 no later than one year from receiving information on the rejection of the original complaint by the carrier or terminal operator. 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. | |
| 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 accessible format. | |
| 4. Where a complaint relates to alleged infringements by terminal operator, the complaint shall be handled by the national enforcement body or any other body designated under paragraph 2 of the Member State on whose territory the incident occurred | |
| 5. 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. | |
| 6. Decisions of National Enforcement Bodies’ or of 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." |
(32011R0181)
Amendment 141
Proposal for a regulation
Article 4 – paragraph 1 – point 8 c (new)
Regulation (EU) No 181/2011
Article 29 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (8c) The following article is inserted: | |
| "Article 29b | |
| 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" |
(32011R0181)
Amendment 142
Proposal for a regulation
Article 4 – paragraph 1 – point 8 d (new)
Regulation (EU) No 181/2011
Article 30
| Present text | Amendment |
|---|---|
| (8d) Article 30 is replaced by the following: | |
| Article 30 | ‘Article 30 |
| Cooperation between enforcement bodies | Exchange of information and cross-border cooperation between national enforcement bodies |
| National enforcement bodies as referred to in Article 28(1) shall, whenever appropriate, exchange information on their work and decision-making principles and practices. The Commission shall support them in this task. | 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.’ |
(32011R0181)
Amendment 143
Proposal for a regulation
Article 4 – paragraph 1 – point 9
Regulation (EU) No 181/2011
Article 30a – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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 16a. |
Amendment 144
Proposal for a regulation
Article 4 – paragraph 1 – point 9
Regulation (EU) No 181/2011
Article 30a – paragraph 2 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Amendment 145
Proposal for a regulation
Article 4 – paragraph 1 – point 9
Regulation (EU) No 181/2011
Article 30a – paragraph 2 c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Amendment 146
Proposal for a regulation
Article 4 – paragraph 1 – point 9 a (new)
Regulation (EU) No 181/2011
Article 31
| Present text | Amendment |
|---|---|
| (9a) Article 31 is replaced by the following: | |
| Article 31 | ‘Article 31 |
| Penalties | Penalties |
| Member States shall lay down rules on penalties applicable to infringements of the provisions of this Regulation and shall take all the measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify those rules and measures to the Commission by 1 March 2013 and shall notify it without delay of any subsequent amendment affecting them. | 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 28 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.’ |
(32011R0181)
Amendment 147
Proposal for a regulation
Article 4 – paragraph 1 – point 10 a (new)
Regulation (EU) No 181/2011
Article 32
| Present text | Amendment |
|---|---|
| (10a) Article 32 is replaced by the following: | |
| Article 32 | ‘Article 32 |
| Report | Report |
| The Commission shall report to the European Parliament and the Council by 2 March 2016 on the operation and effects of this Regulation. The report shall be accompanied, where necessary, by legislative proposals implementing in further detail the provisions of this Regulation, or amending it | 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.’ |
(32011R0181)
Amendment 148
Proposal for a regulation
Article 5 – paragraph -1 (new)
Regulation (EU) No 2021/782
Article 3 – paragraph 1 – point 22 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (-1) in Article 3(1), the following point is added : | |
| ’(22a) ‘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.’ |
(32021R0782)
Amendment 149
Proposal for a regulation
Article 5 – paragraph -1 a (new)
Regulation (EU) No 2021/782
Article 3 – paragraph 1 – point 22 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (-1a) in Article 3(1), the following point is added : | |
| "(22b) ‘service quality standards’ means key performance indicators measuring levels of performance and elements of compliance with passengers rights.” |
(32021R0782)
Amendment 150
Proposal for a regulation
Article 5 – paragraph -1 b (new)
Regulation (EU) No 2021/782
Article 3 – paragraph 1 – point 22 c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (-1b) in Article 3(1), the following point is added : | |
| "(22c) ‘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) " |
(32021R0782)
Amendment 151
Proposal for a regulation
Article 5 – paragraph 1 – point -1 c (new)
Regulation (EU) No 2021/782
Article 18 – paragraph 1 – point c a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (-1c) In Article 18(1), the following point is added: | |
| ‘(ca) communication in a clear and comprehensive manner, without delay or automatically by electronic means, either of the common form or a hyperlink providing full information and details on rail undertaking' respective website or about its own compensation systems upon the passengers' eligibility for a refund or compensation under this Regulation.’ |
(32021R0782)
Amendment 152
Proposal for a regulation
Article 5 – paragraph -1 d (new)
Regulation (EU) No 2021/782
Article 28 – paragraph 2
| Present text | Amendment |
|---|---|
| (-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 three months 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. | ‘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.’ |
(32021R0782)
Amendment 153
Proposal for a regulation
Article 5 – paragraph -1 e (new)
Regulation (EU) No 2021/782
Article 28 – paragraphs 3
| Present text | Amendment |
|---|---|
| (-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. This information shall be available upon request at least in the official language or languages of the Member State in which the railway undertaking is operating. | 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. |
(32021R0782)
Amendment 154
Proposal for a regulation
Article 5 – paragraph 1 – point -1 f (new)
Regulation (EU) No 2021/782
Article 28 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (-1f) In Article 28, the following paragraph is inserted: | |
| 3a. Where the rail undertaking invokes extraordinary circumstances, it shall, in its answer, inform the passenger of the specific circumstances responsible for the cancellation or delay. The rail undertaking shall also show that it took all reasonable measures to avoid the cancellation or delay. |
Amendment 155
Proposal for a regulation
Article 5 – paragraph 1 – point 1
Regulation (EU) No 2021/782
Article 30a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 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. All means of communication shall enable the passenger to contact them quickly and communicate efficiently; | 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; |
Amendment 156
Proposal for a regulation
Article 5 – paragraph 1 – point 1 a (new)
Regulation (EU) No 2021/782
Article 32 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (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." |
(32021R0782)
Amendment 157
Proposal for a regulation
Article 5 – paragraph 1 – point 1 b (new)
Regulation (EU) No 2021/782
Article 32 – paragraph 2 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (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.’ |
Amendment 158
Proposal for a regulation
Article 5 – paragraph 1 – point 2 a (new)
Regulation (EU) No 2021/782
Article 32a a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (2a) The following Article 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 |
Amendment 159
Proposal for a regulation
Article 5 – paragraph 1 – point 2 a (new)
Regulation (EU) No 2021/782
Article 33 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (2a) In Article 33, the following paragraph 2a is inserted: | |
| "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. " |
(32021R0782)
Amendment 160
Proposal for a regulation
Article 5 – paragraph 1 – point 3
Regulation (EU) No 2021/782
Article 34a – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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 16a. |
Amendment 161
Proposal for a regulation
Article 5 – paragraph 1 – point 3
Regulation (EU) No 2021/782
Article 34a – paragraph 2 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Amendment 162
Proposal for a regulation
Article 5 – paragraph 1 – point 3
Regulation (EU) No 2021/782
Article 34a – paragraph 2 c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Amendment 163
Proposal for a regulation
Article 5 – paragraph 1 – point 3 a (new)
Regulation (EU) No 2021/782
Article 39
| Present text | Amendment |
|---|---|
| (3a) Article 39 is replaced by the following: | |
| Article 39 | "Article 39 |
| Report | Report |
| By 7 June 2026, the Commission shall report to the European Parliament and the Council on the implementation and the results of this Regulation. | 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 be based on information to be provided pursuant to this Regulation. The report shall, where necessary, be accompanied by appropriate proposals. | The report shall, where necessary, be accompanied by appropriate legislative proposals." |
(32021R0782)
Amendment 164
Proposal for a regulation
Annex I – paragraph 5
Regulation (EC) No 261/2004
Annex II – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| Cleanliness of the means of passenger transport and the terminal facilities (air quality and temperature control inside, hygiene of sanitary facilities, etc.) | deleted |
Amendment 165
Proposal for a regulation
Annex I a (new)
Regulation (EC) No 261/2004
Annex II a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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 aircraft in flight or on the tarmac after service release and rendering the safe operation of the flight impossible; | |
| x. airport congestion due to meteorological conditions, resulting in an obligation on the aircraft operator to delay or cancel the flight; | |
| xi. unforeseen labour disputes at the operating air carrier or at essential service providers such as airports and Air Navigation Service Providers, excluding strikes by airline staff unless originating from demands that only public authorities can satisfy; | |
| xii. a collision of an aircraft in a parking position with an aircraft of another airline caused by the movement of the aircraft of the other airline; | |
| xiii. damage to an aircraft caused by a foreign object lying on an airport runway; | |
| xiv. the presence of petrol on a runway resulting in the closure of the airport and, consequently, the significant delay of a flight to or from this airport, provided the petrol does not come from an aircraft of the air carrier operating the flight ; and | |
| xv. a generalised breakdown of the aircraft refuelling system, where the airport of origin of the flight or aircraft concerned is responsible for the aircraft refuelling system |
Amendment 166
Proposal for a regulation
Annex II – paragraph 3 – point d a (new)
Regulation (EC) No 1107/2006
Annex III – paragraph 4 – point d a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (da) number of cases where the assistance was not provided or was provided with delay, |
Amendment 167
Proposal for a regulation
Annex III – paragraph 3 – point d a (new)
Regulation (EC) No 1177/2010
Annex V – paragraph 8 – point d a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (da) number of cases where the assistance was not provided or was provided with delay, |
Amendment 168
Proposal for a regulation
Annex III – paragraph 5
Regulation (EC) No 1177/2010
Annex V – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| Cleanliness of the means of passenger transport and the terminal facilities (air quality and temperature control inside, hygiene of sanitary facilities, etc.) | deleted |
Amendment 169
Proposal for a regulation
Annex IV – paragraph 5
Regulation (EU) No 181/2011
Annex III – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| Cleanliness of buses and coaches (air conditioning, hygiene of sanitary facilities if available, etc.) and the terminal facilities (air quality and temperature control inside, hygiene of sanitary facilities, etc.) | deleted |
Amendment 170
Proposal for a regulation
Annex IV – paragraph 8 – point b a (new)
Regulation (EU) No 181/2011
Annex III – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) number of cases where the assistance was not provided or was provided with delay, |
Amendment 171
Proposal for a regulation
Annex IV a (new)
Regulation (EU) No 2021/782
Annex III – paragraphs 7 and 8
| Text proposed by the Commission | Amendment |
|---|---|
| Annex IVa | |
| In Annex III, paragraphs 7 and 8 are replaced by the following: | |
| Complaint handling, refunds and compensation for non-compliance with service quality standards | "Complaint handling |
| (a) the number of complaints; | |
| (b) types of complaints; | |
| (c) the outcome of complaints; | |
| (d) reimbursements; and | |
| (e) compensation for non-compliance with service quality standards. | |
| Assistance provided to persons with disabilities and persons with reduced mobility, and discussions concerning this assistance with representative organisations and, where relevant, representatives of persons with disabilities and persons with reduced mobility | Assistance provided to persons with disabilities and persons with reduced mobility (PRM) |
| (a) number of denied transport services for a PRM, and the reason for it; | |
| (b) number of denied transport services for their recognised assistance dog or their mobility equipment and the reasons for it; | |
| (c) number of cases related to the loss or damages of mobility equipment and their outcome; | |
| (d )number of cases where the carrier obliged a person with disability or reduced mobility to be accompanied by someone to comply with the safety requirements); | |
| (e) number of cases where the assistance was not provided or was provided with delay, | |
| (f) discussions concerning this assistance with representative organisations and, where relevant, representatives of PRM; | |
| (g) the implementation of the disability awareness and assistance training, including the frequency of the sessions and participation of organisations representing persons with disabilities and reduced mobility." |
Explanatory statement 25 paragraphs
Over the last decades, the EU has established a unique framework for protecting and enforcing passenger rights across all transport modes. Nevertheless, according to a Eurobarometer survey, barely one in three EU citizens are aware of their rights. Moreover, shortcomings in the implementation and enforcement are preventing passengers from fully benefiting from them.
As a result, we have seen in recent years the spread of so-called "claim agencies" that help passengers obtain compensation from carriers for travel that is cancelled or suffers long delays. However, these services are rarely free and can cost passengers up to 50% of the compensation they are entitled to due to service fees and legal costs. The rise of these agencies underscores the inadequacy of the current framework.
In this context, the Commission launched on 29 November 2023 a review of the Passenger Rights framework to ensure effective and efficient enforcement of passenger rights across all Member States and to provide a more effective complaint handling for passengers. In particular, the Commission proposal aims at introducing more effective tools for national enforcement bodies (NEBs) for the monitoring of operators’ compliance with passenger rights. It also seeks to close regulatory loopholes in air transport, particularly regarding passengers who book flights through an intermediary. Special attention is also paid to the needs of passengers with disabilities or reduced mobility travelling by air, with a focus on harmonizing their rights across transport modes.
The Rapporteur welcomes the revision of the Passenger Rights framework, particularly its efforts to close the enforcement gaps and to ensure that passenger rights are upheld in a uniform way across Member States and across transport modes. In amending the Commission's proposal, the Rapporteur focuses on three key principles: strengthening passenger rights, harmonizing regulations across transport modes and Member States, and enhancing enforcement mechanisms. The Rapporteur considers that the recent developments in the new rail passenger rights Regulation (EU) 2021/782 constitutes a good starting point for the review of the passenger rights acquis.
Reinforcing Passenger Rights, Including for Those with Special Needs and PRMs
Harmonised conditions for cabin hand luggage and allocation of seats for minors free of charge are long-standing claims of passengers that the Rapporteur reckons deserve special attention.
By the same token, the Rapporteur supports the provisions on the rights for persons with disabilities and reduced mobility (PRMs) when travelling by air to oblige airlines to provide an additional free ticket whenever they oblige a disabled person to travel accompanied.
For passengers with reduced mobility, mobility equipment is essential, yet its replacement remains difficult and costly. Air transport is the sole transport mode where liability for the damage or loss of such equipment is limited. The Rapporteur therefore supports full compensation for passengers in cases where mobility equipment, assistive devices, or recognized assistance dogs are lost or damaged by an air carrier.
Transparency and Duties of Intermediaries
Currently, clear responsibilities for intermediaries have not been established in the Passengers’ Rights regulatory framework (except in the updated Rail Passenger Rights Regulation). As a result, passengers are often bounced between airlines and intermediaries, facing prolonged reimbursement delays.
The Rapporteur welcomes the introduction of the clear refund rules. However, such a review should go beyond time limits and provide a more efficient mechanism and price transparency. The Rapporteur believes that when a passenger purchases a ticket through an intermediary, the total amount of the ticket price should be clearly indicated, including possible optional services and should be refunded at no additional cost to the passenger. Moreover, the intermediary should be responsible for assisting passengers with tickets and providing alternative proposals in the event of travel disruptions.
Clear Complaint-handling Mechanisms and Simplification
The Rapporteur reckons that passengers should be adequately informed about the relevant procedures for submitting claims and complaints to air carriers, intermediaries and National Enforcement Bodies (NEBs) and should receive a reply within a reasonable time period.
The Rapporteur is in favour of the creation of a common European form for compensation and reimbursement and calls for it to be sent automatically to passengers in the event of service interruption by the carrier or the intermediary.
To streamline the process and to ensure that passengers’ rights are upheld, the Rapporteur proposes automatic compensation without any claim to be lodged by the passenger when extraordinary circumstances cannot be invoked by the air carrier for cancellation and long delays.
Enhanced Enforcement Mechanisms
The 2021 special report from the European Court of Auditors concluded that NEBs do not have a good overview of operators’ compliance with passenger rights. Commission evaluations also concluded that the overall approach of NEBs toward monitoring the implementation of the Regulations varies significantly: while some NEBs tend to be very proactive, others seem only to react to complaints which they receive. In addition, only a small percentage of NEBs have issued penalties for the breach of these Regulations, and even such penalties were generally small.
To address these shortcomings, the Rapporteur proposes a harmonized framework that strengthens enforcement mechanisms by granting NEBs independence, establishing a cross-border cooperation mechanism, enhancing their power to obtain information from carriers, and implementing a more effective penalty regime. The Rapporteur also proposes that NEBs be granted minimum investigation and enforcement powers vis-à-vis all actors with obligations under these Passenger Rights Regulations.
Furthermore, a regular flow of information between the Commission and enforcement bodies and the possibility for the Commission to conduct inspections would enable the Commission to better fulfil its monitoring and coordinating role of the national bodies and to support them.
Providing Legal Certainty
The EU legal framework for the air passengers’ rights is complex and on many occasions, the Court of Justice of the European Union (CJEU) has been requested by national courts to clarify certain provisions of Regulation (EC) No 261/2004 on air passenger rights. This is particularly relevant regarding the concepts of “extraordinary circumstances” and “cancellation”.
To increase legal certainty for both air carriers and passengers, and to ensure a proper enforcement of passenger rights, the Rapporteur supports the introduction of clear and precise definitions of these concepts on the basis of the case law that has been consistently held in recent years.
The Rapporteur supports the EP mandate of the air passenger rights revision of February 2014 and acknowledges that it is in general still valid and fit for purpose. However, the Rapporteur considers that the above-mentioned elements would justify an update of the EP mandate on the concepts of “extraordinary circumstances” and “cancellation”.
***
The revision of the Passenger Rights framework represents a crucial step toward strengthening and harmonizing protection for passengers across the EU. By addressing enforcement gaps, improving complaint-handling mechanisms, and ensuring clear responsibilities for all stakeholders, the proposed measures will enhance transparency, accessibility, and fairness for passengers. The Rapporteur supports these efforts and emphasizes the importance of effective enforcement, legal clarity, and strengthened rights. A robust and well-implemented framework will not only uphold passengers' rights but also foster greater trust in the EU's transport system as a whole.
Annex: entities or persons from whom the rapporteur has received input 5 paragraphs
Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that he received input from the following entities or persons in the preparation of the report, prior to the adoption thereof in committee:
| Entity and/or person |
| BEUC |
| ITA |
| CER |
| Trenitalia |
| EU travel tech |
| EDF- European disability Forum |
| Expedia |
| ADR- Aeroporti di Roma |
| A4E- Airlines for Europe |
| Ryanair |
| ETF -European Trasport Workers Federation |
| Aeroporti 2000 |
| European Passengers Federation |
| IRU |
| ALLRAIL |
| Skyscanner |
| ECTAA |
| ACI - Airports Council International |
| Neos |
The list above is drawn up under the exclusive responsibility of the rapporteur.
Where natural persons are identified in the list by their name, by their function or by both, the rapporteur declares that he submitted to the natural persons concerned the European Parliament’s Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.
23.5.2025
Opinion of the committee on the internal market and consumer protection 4 paragraphs
for the Committee on Transport and Tourism
on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EC) No 261/2004, (EC) No 1107/2006, (EU) No 1177/2010, (EU) No 181/2011 and (EU) 2021/782 as regards enforcement of passenger rights in the Union
(COM(2023)0753 – C90434/2023 – 2023/0437(COD))
Rapporteur for opinion: Cynthia Ní Mhurchú
Short justification 1,217 paragraphs
The objective of this initiative is to enhance the enforcement of passenger rights across the European Union, ensuring a consistent and effective application of existing regulations. While EU passenger rights legislation provides robust protections in principle, its enforcement often varies significantly between Member States, leaving passengers vulnerable to inconsistent treatment and limited recourse during disruptions. This proposal seeks to harmonise the role of National Enforcement Bodies (NEBs), empower them to act effectively, and strengthen mechanisms to address cross-border complaints.
Your rapporteur welcomes the Commission's proposal, which recognises the need to close the enforcement gap and ensure that passenger rights are upheld uniformly across the Union. This initiative introduces vital measures to improve transparency, accountability, and accessibility for passengers. The creation of a centralised EU platform for complaints will facilitate the handling of cross-border cases, while ensuring that NEBs have the resources, training, and authority necessary to enforce regulations consistently.
Particular emphasis is placed on empowering NEBs to act more decisively. This includes the introduction of minimum standards for resources, the adoption of modern technologies to monitor compliance, and the ability to impose harmonised penalties for infringements. These measures will ensure that NEBs can effectively fulfil their mandate while maintaining transparency and impartiality.
This proposal also prioritises the rights of persons with disabilities and persons with reduced mobility (PRMs). By requiring NEBs to collaborate on a cross-border basis and mandating clear, accessible communication standards, the initiative guarantees that PRMs receive the support they need, regardless of the complexity of their journey. Families with young children are also recognised within this framework, ensuring equitable treatment and the availability of reasonable assistance.
Your rapporteur believes that this initiative can be further strengthened by ensuring consistent information-sharing protocols between carriers, intermediaries, and NEBs. Harmonised procedures for passenger complaints, including the adoption of a standardised form available in all official EU languages, will provide clarity and reduce administrative barriers. Ensuring that NEBs are equipped with sufficient resources and that they cooperate effectively will be crucial to delivering on the promise of this proposal.
Furthermore, the proposal recognises the importance of supporting small and medium-sized enterprises (SMEs) to meet their obligations under passenger rights legislation. By providing financial and technical assistance, the initiative ensures that SMEs can adapt to new requirements without undue burdens, while maintaining service quality.
While this proposal represents a significant step forward, certain areas merit additional attention. The regular assessment of NEB performance and the establishment of clear benchmarks for enforcement will help identify and address gaps in implementation. Additionally, penalties for non-compliance should be calibrated to act as effective deterrents while remaining proportionate.
By harmonising enforcement standards and empowering NEBs, this initiative will build trust among passengers, enhance accessibility, and ensure that passenger rights are protected consistently across the EU. Your rapporteur strongly supports this proposal and urges its swift adoption.
AMENDMENTS
The Committee on the Internal Market and Consumer Protection submits the following to the Committee on Transport and Tourism, as the committee responsible:
Amendment 1
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
|---|---|
| (3) The Commission concluded in the comprehensive evaluations of Regulation (EC) No 1107/2006, Regulation (EU) No 1177/2010 and Regulation (EU) No 181/2011 which it carried out between 2019 and 2020 that the effectiveness of Union passenger rights legislation is compromised by a lack of awareness among passengers of their rights and the existing provisions about exercising them In addition, these evaluations also concluded that passengers including persons with disabilities and persons with reduced mobility do not fully benefit from their rights due to shortcomings in their application by carriers, airport managing bodies, station managers, port terminal operators, bus terminal managing bodies and intermediaries, on the one hand, and shortcomings in their enforcement by the national enforcement authorities, on the other hand.8 | (3) The Commission concluded in the comprehensive evaluations of Regulation (EC) No 1107/2006, Regulation (EU) No 1177/2010 and Regulation (EU) No 181/2011 which it carried out between 2019 and 2020 that the effectiveness of Union passenger rights legislation is compromised by a lack of awareness among passengers of their rights and the existing provisions about exercising them In addition, these evaluations also concluded that passengers including persons with disabilities and persons with reduced mobility do not fully benefit from their rights due to shortcomings in their application by carriers, airport managing bodies, station managers, port terminal operators, bus terminal managing bodies and intermediaries, on the one hand, and shortcomings in their enforcement by the national enforcement authorities, on the other hand.8 Persons with disabilities and persons with reduced mobility should have equal access to transport services. The provisions laid down in this Regulation should cover clear standards for assistance, accessible digital tools, and fair treatment during delays, cancellations and boarding, to avoid discrimination and promote inclusion. Adequate infrastructure for persons with disabilities and persons with reduced mobility should be provided. Efforts should be taken to improve equal access to transport services for persons with disabilities and persons with reduced mobility. Adequate pre-notification is central for airports, operators and managing bodies to organise the most appropriate assistance according to passenger needs. |
| 8 SWD(2021)417, SWD(2021)413 and SWD(2021)415. | 8 SWD(2021)417, SWD(2021)413 and SWD(2021)415. |
Amendment 2
Proposal for a regulation
Recital 4
| Text proposed by the Commission | Amendment |
|---|---|
| (4) Simplification, consistency and harmonisation of the rules of Regulation (EC) No 261/2004, Regulation (EC) No 1107/2006, Regulation (EU) No 1177/2010, and Regulation (EU) No 181/2011 is required especially as regards rules dealing with the information to passengers on their rights before and during the journey, enforcement of passenger rights and complaint handling for passengers. The existing rules in those Regulations should be amended to complement those of the recently adopted Regulation (EU) 2021/782 of the European Parliament and of the Council9 as regards forms to request reimbursements and compensation, service quality standards, obligations for carriers to share information with national enforcement bodies, and information of passengers by national enforcement bodies on alternative dispute resolution. | (4) Simplification, consistency and harmonisation of the rules of Regulation (EC) No 261/2004, Regulation (EC) No 1107/2006, Regulation (EU) No 1177/2010, and Regulation (EU) No 181/2011 is required especially as regards rules dealing with the information to passengers on their rights before and during the journey, enforcement of passenger rights and complaint handling for passengers. The existing rules in those Regulations should be amended to complement those of the recently adopted Regulation (EU) 2021/782 of the European Parliament and of the Council9 as regards forms to request reimbursements and compensation, service quality standards, obligations for carriers to share information with national enforcement bodies, and information of passengers by national enforcement bodies on alternative dispute resolution or other ways to seek redress such as through national equality bodies. Effective enforcement of passenger rights across the Union is crucial. Member States should encourage transport operators and intermediaries to adopt user-friendly digital tools that are compatible with assistive technologies. |
| 9 Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (recast) (OJ L 172, 17.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/782/oj. | 9 Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (recast) (OJ L 172, 17.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/782/oj. |
Amendment 3
Proposal for a regulation
Recital 7
| Text proposed by the Commission | Amendment |
|---|---|
| (7) If the air carrier processes reimbursements through this type of intermediary, the payment deadline to the passenger should be extended to a maximum of 14 days to take account of the two steps in the reimbursement process. The air carrier should accordingly transfer the reimbursement payment to the intermediary within a maximum of seven days, and the intermediary should transfer it to the passenger within a further seven days. If the passenger is not reimbursed at the latest within 14 days, the passenger should however be entitled to receive the reimbursement directly from the operating air carrier. | (7) If the air carrier processes reimbursements through this type of intermediary, the payment deadline to the passenger should be extended to a maximum of 14 days to take account of the two steps in the reimbursement process. The air carrier should accordingly transfer the reimbursement payment to the intermediary within a maximum of seven days, and the intermediary should transfer it to the passenger within a further seven days. If the passenger is not reimbursed at the latest within 14 days, the passenger should however be entitled to receive the reimbursement directly from the operating air carrier. The reimbursement should not be reduced by financial transaction costs linked to the reimbursement, such as fees, telephone costs or stamps. |
Amendment 4
Proposal for a regulation
Recital 8
| Text proposed by the Commission | Amendment |
|---|---|
| (8) Regulation (EU) 2016/679 of the European Parliament and the Council10 applies to the processing of personal data by air carriers and intermediaries. Any processing of personal data must in particular take place in accordance with the requirements set out in Article 5(1) and Article 6(1) of Regulation (EU) 2016/679. It should be noted that the obligations to provide information to passengers concerning their rights are without prejudice to the obligation of the controller to provide information to the data subject pursuant to Articles 12, 13 and 14 of Regulation (EU) 2016/679. | (8) Regulation (EU) 2016/679 of the European Parliament and the Council10 applies to the processing of personal data by air carriers and intermediaries. Any processing of personal data must in particular take place in accordance with the requirements set out in Article 5(1) and Article 6(1) of Regulation (EU) 2016/679. Air carriers and intermediaries should be allowed to retain passengers’ contact details and details of assistance requirements collected for the purpose of fulfilling their obligations in respect of passengers’ travel information for no longer than 72 hours after the completion of the contract of carriage. It should be noted that the obligations to provide information to passengers concerning their rights are without prejudice to the obligation of the controller to provide information to the data subject pursuant to Articles 12, 13 and 14 of Regulation (EU) 2016/679. |
| 10 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance) (OJ L 119, 4.5.2016, p. 1). | 10 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance) (OJ L 119, 4.5.2016, p. 1). |
Amendment 5
Proposal for a regulation
Recital 8 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (8a) In the event of cancellation of a flight owing to insolvency, bankruptcy, or the suspension or cessation of the activities of an air carrier, passengers who are stranded should be entitled to a reimbursement, the return flight to the point of departure or re-routing, and to care, in accordance with the provisions laid down in this Regulation. Where the level of protection provided for under this Regulation against those risks is similar to that provided for in the context of the revision of the Regulation (EC) No 1008/2008, the provisions of the latter should apply. Equally, air passengers who have not yet started their journey should be entitled to reimbursement. Air carriers should prove that they have taken all necessary measures to provide for the care, reimbursement or re-routing of stranded passengers where applicable. Those rights should apply to all passengers concerned irrespective of their place of residence, point of departure or the place in which they bought their ticket. |
Amendment 6
Proposal for a regulation
Recital 9
| Text proposed by the Commission | Amendment |
|---|---|
| (9) When the passenger acquires a ticket from an intermediary, the air carrier should be able to contact the passenger directly where necessary in order to ensure that the passenger receives the relevant travel information, and that the air carrier fulfils its obligations under this Regulation and under applicable Union law on aviation safety and security and on the operating carrier under Regulation (EC) No 2111/200511 . The carrier may use these contact details exclusively for the purpose of fulfilling these obligations and should not process the contact details of the passengers for any other purposes. This personal data should be deleted within 72 hours after the completion of the contract of carriage unless further retention of the personal data is justified to fulfil obligations in respect of the passenger’s right to re-routing, reimbursement or compensation. | (9) When the passenger acquires a ticket from an intermediary, the air carrier should be able to contact the passenger directly where necessary in order to ensure that the passenger receives the relevant travel information, and that the air carrier fulfils its obligations under this Regulation and under other applicable Union law such as that on aviation safety and security and on the operating carrier under Regulation (EC) No 2111/200511 . The carrier may use these contact details exclusively for the purpose of fulfilling these obligations and should not process the contact details of the passengers for any other purposes. This personal data should be deleted within 72 hours after the completion of the contract of carriage unless further retention of the personal data is justified to fulfil obligations in respect of the passenger’s right to re-routing, reimbursement or compensation. |
| 11 Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC (OJ L 344, 27.12.2004, p. 15). | 11 Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC (OJ L 344, 27.12.2004, p. 15). |
Amendment 7
Proposal for a regulation
Recital 11
| Text proposed by the Commission | Amendment |
|---|---|
| (11) Information provided to passengers on their rights before and during their journeys should lead to enhanced awareness. Such information should be concise and made easily, prominently, and directly available. It should be provided in a clear and comprehensible manner, and by electronic means as far as possible. | (11) All passengers, particularly persons with disabilities and persons with reduced mobility, should be provided with information concerning their rights before and during their journeys. The provision of such information should lead to enhanced awareness. Such information should be concise and made easily, prominently, and directly available. It should be provided in a clear, accessible and comprehensible manner, and by electronic means as far as possible. Vulnerable consumers should not be excluded from access to those rights due to possible electronic illiteracy. |
Amendment 8
Proposal for a regulation
Recital 12
| Text proposed by the Commission | Amendment |
|---|---|
| (12) National enforcement bodies should cooperate with each other in order to ensure a harmonised interpretation and application of the Regulations concerned. A regular flow of information from carriers, terminal managers and intermediaries to national enforcement bodies on all aspects related to the application of the Regulations concerned should enable national enforcement bodies to better fulfil their monitoring role. | (12) National enforcement bodies should cooperate with each other in order to ensure a harmonised interpretation and application of the Regulations concerned. A regular flow of information from carriers, terminal managers and intermediaries to national enforcement bodies on all aspects related to the application of the Regulations concerned should enable national enforcement bodies to better fulfil their monitoring role. Good cooperation between the Commission, Member States and national enforcement bodies is important. Streamlined complaint mechanisms and comparable enforcement penalties can support harmonised enforcement standards across the Union. |
Amendment 9
Proposal for a regulation
Recital 15
| Text proposed by the Commission | Amendment |
|---|---|
| (15) To make it easier for passengers to request reimbursement or compensation in accordance with the Regulations concerned, forms that are valid throughout the Union should be established for such requests. Passengers should have the possibility to submit their requests by using such a form. | (15) To make it easier for passengers to request reimbursement or compensation in accordance with the Regulations concerned, forms that are valid throughout the Union should be established for such requests. Such forms should be user-friendly and easily accessible both in a digital and paper format. Passengers should have the possibility to submit their requests by using such a form, either via electronic means or by sending it by post. Additionally, common rules on vouchers should be introduced in order to harmonise rules across sectors. Reimbursement and compensation procedures should be non-discriminatory, easily accessible and inclusive for all persons. While submitting requests for reimbursement and compensation through electronic means has become a common practice, a passenger should also have other means of submitting requests. |
Amendment 10
Proposal for a regulation
Recital 16 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (16a) National enforcement bodies should have a minimum set of investigation and enforcement powers in order to enforce this Regulation in order to deter infringements efficiently and quickly. Those powers should be sufficient to tackle the enforcement challenges. |
Amendment 11
Proposal for a regulation
Recital 16 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (16b) Each Member State should ensure that all competent authorities within its jurisdiction have all the minimum powers that are necessary to ensure the proper application of this Regulation. |
Amendment 12
Proposal for a regulation
Recital 17
| Text proposed by the Commission | Amendment |
|---|---|
| (17) In the light of Article 9 of the United Nations Convention on the Rights of Persons with Disabilities and in order to give persons with disabilities and persons with reduced mobility opportunities for air travel comparable to those of other citizens, if an air carrier, its agents or a tour operator requires a person with disabilities or person with reduced mobility to be accompanied by another person who is capable of providing the assistance required by applicable safety requirements established by international, Union or national law or by the competent authorities, the accompanying person should travel free of charge. In addition, it should be aligned with the existing rights in rail, bus and coach and waterborne transport modes in the Union. In addition, if information to persons with disabilities and reduced mobility is provided in accessible formats, it should be provided in accordance with the applicable legislation such as the accessibility requirements set out in Annex I to Directive (EU) 2019/88212 . | (17) Transport services should be accessible to all passengers, including persons with disabilities and persons with reduced mobility. In the light of Article 9 of the United Nations Convention on the Rights of Persons with Disabilities and in order to give persons with disabilities and persons with reduced mobility opportunities for air travel comparable to those of other citizens, if an air carrier, its agents or a tour operator requires a person with disabilities or person with reduced mobility to be accompanied by another person who is capable of providing the assistance required by applicable safety requirements established by international, Union or national law or by the competent authorities, the accompanying person should travel free of charge and sit next to the person with the disability or reduced mobility, where possible. In addition, it should be aligned with the existing rights in rail, bus and coach and waterborne transport modes in the Union. In addition, if information to persons with disabilities and reduced mobility is provided in accessible formats, it should be provided in accordance with the applicable legislation in particular in line with the accessibility requirements set out in Annex I to Directive (EU) 2019/88212 . In order to protect persons with disabilities and persons with reduced mobility, adequate pre-notification is central for airports, operators and managing bodies to organise the most appropriate assistance according to those passenger needs. When a disabled person or person with reduced mobility arrives at an airport for travel by air, the managing body of the airport should be responsible for ensuring the provision of the assistance specified in Annex I. Such pre-notification should also cover a return flight, if the outward flight and the return flight have been contracted with the same air carrier. |
| 12 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70), ELI: http://data.europa.eu/eli/dir/2019/882/oj. | 12 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70), ELI: http://data.europa.eu/eli/dir/2019/882/oj. |
Amendment 13
Proposal for a regulation
Recital 18
| Text proposed by the Commission | Amendment |
|---|---|
| (18) Since the objectives of this Regulation, namely ensuring the effective enforcement of air, rail, bus and coach, and waterborne passengers’ rights, cannot be sufficiently achieved by the Member States, but can rather, by reason of the need to have the same rules within the single market , be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. | (18) Transport services providers should, where needed, provide additional support to persons with disabilities and persons with reduced mobility. Since the objectives of this Regulation, namely ensuring the effective enforcement of air, rail, bus and coach, and waterborne passengers’ rights, cannot be sufficiently achieved by the Member States, but can rather, by reason of the need to have the same rules within the single market , be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. |
Amendment 14
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 261/2004
Article 2 – point z a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (za) ‘recognised assistance dog’ means a dog that has been specifically trained to increase the autonomy and safety of persons with disabilities and reduced mobility, and officially recognised in accordance with the applicable national rules of the passenger’s country of origin, where such rules exist; or where no such national rules exist, recognised on the basis of valid documentation issued in the passenger’s country of origin, including internationally recognised accrediting organisations or other organisations that train dogs in accordance with verifiable comparable standards; |
Amendment 15
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EC) No 261/2004
Article 7 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (1a) the following article is inserted: | |
| ‘Article 7a | |
| Common rules on vouchers | |
| Rules on vouchers’ validity and transferability set out in Article 12a of a future directive on Package Travel (Proposal 2023/0435 COD) shall apply to vouchers offered under this Regulation. |
Amendment 16
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 261/2004
Article 8 a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 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 accordance with this Article. | 1. Where the passenger has bought a ticket through an intermediary, the operating air carrier may request to make the reimbursement referred to in Article 8(1) point (a) through that intermediary in accordance with this Article. |
Amendment 17
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 261/2004
Article 8 a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The intermediary and the air carrier 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. | 2. The intermediary and the air carrier shall inform the passenger of the reimbursement process as provided for in this Article in a clear, user-friendly, comprehensible and easily accessible manner, in accordance with the accessibility requirements set out in Annex I to Directive (EU) 2019/882, at the time of booking and on the booking confirmation and when travel disruption occurs that entitles the passenger to the right to reimbursement and compensation. The intermediary and the contracting carrier shall proactively provide passengers with the common reimbursement and compensation form when travel disruption occurs that entitles the passenger to a right to reimbursement or compensation. |
Amendment 18
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 261/2004
Article 8 a – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Reimbursement through the intermediary shall be free of charge for passengers and all other parties concerned. | 3. All reimbursements through the intermediary shall be free of charge for passengers and all other parties concerned. The reimbursement shall not be reduced by financial transaction costs linked to the reimbursement. |
Amendment 19
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 261/2004
Article 8 a – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The air carrier shall state publicly, in a clear, comprehensible and easily accessible manner, whether it agrees to process reimbursements through intermediaries, and with which intermediaries it accepts to do so. | 4. The air carrier shall state publicly, in a clear, user-friendly, comprehensible and easily accessible manner, in accordance with the accessibility requirements set out in Annex I to Directive (EU) 2019/882, whether it agrees to process reimbursements through intermediaries, and with which intermediaries it accepts to do so. |
Amendment 20
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 261/2004
Article 8 a – paragraph 5 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the air carrier shall reimburse 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 via the original payment method, at the latest within a further seven days, and inform the passenger and the air carrier thereof. | (a) the air carrier shall reimburse 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 the passenger communicates their choice of a reimbursement in accordance with Article 8 (1) (a), first indent. The intermediary shall reimburse the passenger via the original payment method, at the latest within a further seven days, and inform the passenger and the contracting air carrier thereof. |
Amendment 21
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 261/2004
Article 8 a – paragraph 5 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 5a. Intermediaries shall be liable for duly processing the reimbursement set out in the relevant paragraph. In the case of a breach of their obligations, intermediaries shall be subject to a penalty in accordance with the relevant provision. | |
| Air carriers and intermediaries shall provide passengers with the references for the money transfer, such as thetransaction number. |
Amendment 22
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 261/2004
Article 11 – paragraph 1
| Present text | Amendment |
|---|---|
| (2a) 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 certified service dogs accompanying them, as well as unaccompanied children. | "1. Operating air carriers shall give priority to carrying persons with reduced mobility and any persons or assistance dogs accompanying them, as well as unaccompanied children and passengers travelling with children."; |
(Regulation (EC) No 261/2004)
Amendment 23
Proposal for a regulation
Article 1 – paragraph 1 – point 2 b (new)
Regulation (EC) No 261/2004
Article 11 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. A recognised assistance dog shall retain its status for the entire duration of the journey, and carriers shall not impose additional verification requirements at transfer points or when switching between transport modes.; |
Amendment 24
Proposal for a regulation
Article 1 – paragraph 1 – point 2 c (new)
Regulation (EU) No 261/2004
Article 12 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (2c) The following article is inserted: | |
| "Article 12a: | |
| In the event of cancellation of a flight owing to insolvency, bankruptcy, or the suspension or cessation of the activities of an air carrier, passengers who are stranded shall be entitled to a reimbursement, the return flight to the point of departure or re-routing, and to care, as provided for in Articles 8 and 9 of this Regulation. Equally, air passengers who have not yet started their journey shall be entitled to reimbursement. Air carriers shall prove that they have taken all necessary measures, such as taking out an insurance policy or creating guarantee funds, to provide for the care, reimbursement or re-routing of stranded passengers where applicable. The rights set out in this Article shall apply to all passengers concerned irrespective of their place of residence, point of departure or the place in which they bought their ticket."; |
Amendment 25
Proposal for a regulation
Article 1 – paragraph 1 – point 2 d (new)
Regulation (EC) No 261/2004
Article 14 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (2d) In Article 14, the following paragraph is inserted: | |
| "2a. Carriers shall provide efficient assistance and provide passengers with the necessary information regarding their rights, including complaint procedures. Carriers shall take immediate action in the event of cancelled or delayed journeys, via telephone, online or in person for all passengers once a journey has been booked, regardless of the booking channel. This assistance service shall provide information and alternative proposals in the event of disruption and shall be free of charge for passengers."; |
Amendment 26
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 261/2004
Article 14 a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The information for passengers under this Regulation shall be provided also by electronic means, where technically possible. Where information is provided by such means, air carriers and intermediaries shall ensure that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. All means of communication shall enable the passenger to contact them quickly and to communicate effectively. | 1. The information for passengers under this Regulation shall be provided also by electronic means. Air carriers and intermediaries shall ensure that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. All means of communication shall enable the passenger to contact them quickly, free of charge and to communicate effectively. They shall be provided in an accessible format in accordance with requirements of Annex I to Directive (EU) 2019/882. Intermediaries shall, at the pre-contractual stage, inform consumers about the ticket price and all mandatory costs such as administrative, service or cancellation fees. Optional price supplements shall be clearly visible next to the headline price and at every step of the booking process. |
Amendment 27
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 261/2004
Article 14 a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Where the passenger does not acquire a ticket directly from the air carrier, but through an intermediary, this intermediary shall provide the contact details of the passenger 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 information, provision of care, reimbursement, re-routing and compensation obligations under this Regulation 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. | 2. Where the passenger does not acquire a ticket directly from the air carrier, but through an intermediary, this intermediary shall provide the contact details of the passenger, the booking details and notification for assistance or accommodation for reduced mobility, if provided by the passenger, to the air carrier. The air carrier shall only use these contact details to the extent necessary to comply with its information, provision of care, reimbursement, re-routing and compensation obligations under this Regulation, to comply with its obligations under Regulation (EC) No 1008/2008, 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. |
Amendment 28
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 261/2004
Article 14 a – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The carrier shall delete the contact details within 72 hours after the completion of the contract of carriage unless further retention of the contact details is justified to fulfil obligations in respect of the passenger’s right to re-routing, reimbursement or compensation. | 3. The carrier shall delete the contact details within 72 hours after the completion of the contract of carriage, received pursuant to paragraph 2, unless further retention of the contact details is justified to fulfil obligations in respect of the passenger’s right to re-routing, reimbursement or compensation. |
Amendment 29
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 261/2004
Article 14 a – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. Where a passenger does not acquire a ticket directly from the air carrier, but through an intermediary, the intermediary shall inform the passenger at the time of the booking whether it has an existing commercial relationship with the carrier, on whose behalf it is offering a contract, in order to protect the passenger's access to its rights. |
Amendment 30
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation No 261/2004
Article 14 a – paragraph 5 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 5a. Where an intermediary acquires a ticket on behalf of a passenger, the intermediary shall provide the passenger, upon the booking confirmation, with the booking details. The intermediary shall also allow the passenger to easily access, via its website, its communications with the passenger, the relevant air carrier's form, email address and contact details for claims related to their reimbursement, compensation or any claims arising from the contract of carriage. |
Amendment 31
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EC) No 261/2004
Article 15 a – title
| Text proposed by the Commission | Amendment |
|---|---|
| Service quality standards | Minimum Service Quality Standards |
Amendment 32
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EC) No 261/2004
Article 15 a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Air carriers shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex II. | 1. Air carriers shall establish service quality standards covering at least the items listed in Annex II. |
Amendment 33
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EC) No 261/2004
Article 15 a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Air carriers shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on their website by [2 years after the Regulation becomes applicable], and every two years thereafter. This report shall not contain personal data. | deleted |
Amendment 34
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EC) No 261/2004
Article 15 a – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Airport managing bodies located in a Member State shall establish service quality standards based 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 on request.; | deleted |
Amendment 35
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EC) No 261/2004
Article 16 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (4a) The following article is inserted: | |
| “Article 16a Individual passenger complaints | |
| National enforcement bodies shall be able to deal with individual passenger complaints and be granted, at least, minimum investigative and enforcement powers as provided for in Article 9 (3), (4), (6) and (7) of Regulation (EU) 2017/2394.”; |
Amendment 36
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 16 a a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission shall adopt an implementing act establishing a common form for compensation and reimbursement requests under Articles 7 and 8. That common form shall be established in a format which is accessible to persons with disabilities and persons with reduced mobility. 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 . | 1. Air carriers and intermediaries shall clearly inform passengers about the required information for reimbursement requests. The Commission shall adopt an implementing act establishing a common form for compensation and reimbursement requests under Articles 7 and 8. That common form shall be established in an accessible and user-friendly format in accordance with the accessibility requirements set out in Annex I to Directive (EU) 2019/882. 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 . |
| 15 Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (recast) (OJ L 172, 17.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/782/oj). | 15 Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (recast) (OJ L 172, 17.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/782/oj). |
Amendment 37
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 16 a a – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Carriers and intermediaries shall inform passengers of their right to request reimbursement, compensation, or both, as soon as they become entitled to them due to travel disruptions, and send them the common form via electronic means. They shall specify in their communication the addresses, both physical and email, to which requests by passengers are to be submitted. A general link directing passengers to general information about their rights shall also be included in that communication. |
Amendment 38
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 16 a a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Passengers shall have the right to submit their requests using the common form referred to in paragraph 1. Operating air carriers and intermediaries shall not reject a request solely on the grounds that the passenger has not used that form. If a request is not sufficiently precise, the carrier shall ask the passenger to clarify the request and shall assist the passenger in doing so. | 2. Passengers shall have the right to submit their requests using 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. Operating air carriers and intermediaries shall not reject a request solely on the grounds that the passenger has not used that the common form. If a request is not sufficiently precise, the carrier shall ask the passenger to clarify the request and shall assist the passenger in doing so. |
Amendment 39
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 16 a a – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. 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. This requirement shall not apply where other electronic means of communication allowing passengers to request reimbursement or compensation exist, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are also available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. | 3. Air carriers and intermediaries shall send to passengers the common form as soon as passengers are entitled to a refund or a compensation under this Regulation. Air carriers and intermediaries shall provide details on their website such as an e-mail address and a physical address, to which requests under paragraph 1 may be sent. In addition, carriers and intermediaries may provide access to other electronic means of communication allowing passengers to request reimbursement or compensation, such as a form on a website or mobile applications, provided that such means offer, in an accessible and inclusive format, the choice and information set out in the common form and are also available in an official language of the Union and in the language internationally accepted in this field . When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. Carriers and intermediaries shall acknowledge receipt of the passenger’s claim regardless of the means of communication used by the passenger. Passengers shall also receive a copy of the communication and claim submitted to the carrier or intermediary, including the date and time it was sent. |
Amendment 40
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EC) No 261/2004
Article 16 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (5a) The following article is inserted: | |
| ‘Article 16b | |
| Penalties | |
| Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that those rules are implemented. The penalties provided for shall be effective, proportionate and dissuasive. The maximum amount of the fines shall be at least 4% of the trader's annual turnover in the Member State or Member States concerned. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them. |
Amendment 41
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 261/2004
Article 16 b b – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Carriers shall provide the national enforcement bodies with relevant documents and information at their request without undue delay and, in any event, within one month from the receipt of the request. | 1. Carriers and intermediaries shall provide the national enforcement bodies with relevant documents and information at their request without undue delay and, in any event, within one month from the receipt of the request. |
Amendment 42
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 261/2004
Article 16 b c – paragraph -1 (new)
| Text proposed by the Commission | Amendment |
|---|---|
| -1. The participation of air carriers falling under the scope of Regulation (EC) No 261/2004 in ADR procedures shall be mandatory, without prejudice to the right of parties to access the judicial system. |
Amendment 43
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 261/2004
Article 16 b c – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| The national enforcement body to which the passenger complains, or any other body designated by a Member State for that purpose, shall inform the complainant about his or her right to approach alternative dispute resolution bodies to seek individual redress.; | The national enforcement body to which the passenger complains, or any other body designated by a Member State for that purpose, shall inform the complainant about his or her right to approach alternative dispute resolution bodies to seek individual redress. Information on other alternative redress mechanisms such as national equality bodies shall also be provided. |
Amendment 44
Proposal for a regulation
Article 2 – paragraph 1 – point -1 (new)
Regulation (EC) No 1107/2006
Article 2 – paragraph 1 – point l a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (-1) In Article 2, the following definition is added: | |
| (la) ‘recognised assistance dog’ means a dog that has been specifically trained to increase the autonomy and safety of persons with disabilities and reduced mobility, and officially recognised in accordance with the applicable national rules of the passenger’s country of origin, where such rules exist; or where no such national rules exist, recognised on the basis of valid documentation issued in the passenger’s country of origin, including internationally recognised accrediting organisations or other organisations that train dogs in accordance with verifiable comparable standards; |
Amendment 45
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Regulation (EC) No 1107/2006
Article 4 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 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.; | 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. Where the person with disabilities travels with a recognised assistance dog, the recognised assistance dog shall retain its status for the entire duration of the journey, and carriers shall not impose additional verification requirements at transfer points or when switching between transport modes; |
Amendment 46
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Regulation (EC) No 1107/2006
Article 6 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| (1a) Article 6(2) is replaced by the following: | |
| "2. When an air carrier or its agent or a tour operator receives a notification of the need for assistance, it shall transmit the information as soon as possible: | |
| (a) to the managing bodies of the airports of departure, arrival and transit, and | |
| (b) to the operating air carrier, if a reservation was not made with that carrier, unless the identity of the operating air carrier is not known at the time of notification, in which case the information shall be transmitted as soon as practicable."; |
Amendment 47
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Regulation (EC) No 1107/2006
Article 7 – paragraph 1
| Present text | Amendment |
|---|---|
| (1b) Article 7(1) is replaced by the following: | |
| When a disabled person or person with reduced mobility arrives at an airport for travel by air, the managing body of the airport shall be responsible for ensuring the provision of the assistance specified in Annex I in such a way that the person is able to take the flight for which he or she holds a reservation, provided that the notification of the person's particular needs for such assistance has been made to the air carrier or its agent or the tour operator concerned at least 48 hours before the published time of departure of the flight. This notification shall also cover a return flight, if the outward flight and the return flight have been contracted with the same air carrier. | "Where a person with a disability or person with reduced mobility arrives at an airport for travel by air, the managing body of the airport shall be responsible for ensuring the provision of the assistance specified in Annex I in such a way that the person is able to take the flight for which he or she holds a reservation with a prior notification of 24 hours."; |
(Regulation (EC) No 1107/2006)
Amendment 48
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Regulation (EC) No 1107/2006
Article 10 a – title
| Text proposed by the Commission | Amendment |
|---|---|
| Service quality standards for air carriers | Minimum Service Quality Standards for air carriers |
Amendment 49
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Regulation (EC) No 1107/2006
Article 10 a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Air carriers shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex III. | 1. Air carriers shall establish service quality standards covering at least the items listed in Annex III. |
Amendment 50
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Regulation (EC) No 1107/2006
Article 10 a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Air carriers shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on their website by [2 years after the Regulation becomes applicable], and every two years thereafter. This report shall not contain personal data. | deleted |
Amendment 51
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Regulation (EC) No 1107/2006
Article 12
| Present text | Amendment |
|---|---|
| 2a. Article 12 is amended as follows: | |
| Article 12 | "Article 12 |
| Compensation for lost or damaged wheelchairs, other mobility equipment and assistive devices | Compensation in respect of mobility equipment, assistive devices and assistance dogs |
| Where wheelchairs or other mobility equipment or assistive devices are lost or damaged whilst being handled at the airport or transported on board aircraft, the passenger to whom the equipment belongs shall be compensated, in accordance with rules of international, Community and national law. | 1. Where terminal managers and carriers assisting persons with disabilities and persons with reduced mobility from one transport service to a connecting transport service, either in the context of a single multimodal contract or at a multimodal passenger hub, cause the loss of, or damage to, mobility equipment, including wheelchairs, and assistive devices, or the loss of, or injury to, recognised assistance dogs used by persons with disabilities and persons with reduced mobility, they shall be liable for that loss, damage or injury, and provide those persons with compensation within 14 days of the receipt of the claim. 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; | |
| (c) reasonable costs of temporary replacement for mobility equipment, assistive devices or recognised assistance dogs where such replacement is not provided or is not to be provided, by the carrier or terminal manager in accordance with paragraph 2. | |
| (ca) any cost incurred by the passenger due to the loss or damage of mobility equipment or assistive device, or from the loss or injury of recognised assistance dogs, until temporary replacement has been provided. | |
| 2. Where paragraph 1 applies, carriers and terminal managers shall make 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 a carrier or terminal manager pays compensation under paragraph 1, no provision of this Regulation may be interpreted as restricting their right to seek compensation from any person, including third parties, in accordance with the applicable law."; |
(Regulation (EC) No 1107/2006)
Amendment 52
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Regulation (EC) No 1107/2006
Article 14 a – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Compliance monitoring activities shall be based on the assessment of risks and carried out by means of audits, inspections, interviews, verifications and examination of documents as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified. | 4. Compliance monitoring activities shall be based on the assessment of risks and carried out by means of audits, website and app reviews, including on accessibility, inspections, interviews, verifications and examination of documents as appropriate. They shall include both announced and unannounced activities which shall be carried out in cooperation with persons with disabilities and their representative organisations. The monitoring activities shall be proportionate to the risks identified. |
Amendment 53
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Regulation (EC) No 1107/2006
Article 14 b – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Air carriers, airport managing bodies and tour operators shall provide the national enforcement bodies with relevant documents and information at their request without undue delay and, in any event, within one month from the receipt of the request. | 1. Air carriers, airport managing bodies, tour operators, and intermediaries shall provide the national enforcement bodies with relevant documents and information at their request without undue delay and, in any event, within one month from the receipt of the request. |
Amendment 54
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Regulation (EC) No 1107/2006
Article 14 c
| Text proposed by the Commission | Amendment |
|---|---|
| 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 to seek individual redress. | 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 to seek individual redress. Information on other alternative redress mechanisms such as national equality bodies shall also be provided. |
Amendment 55
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Regulation (EC) No 1107/2006
Article 14 d – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Member States shall regularly send relevant information concerning the application of this Regulation to the Commission, which will make this information available in electronic form to other Member States. | 1. The Member States shall regularly provide the Commission with relevant information concerning the application of this Regulation. The Commission shall make this information available in electronic form to other Member States and shall facilitate and support the dialogue concerning the interpretation and application of this Regulation as well as decide on the issues to be addressed in that information. |
Amendment 56
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Regulation (EC) No 1107/2006
Article 14 d – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. The Commission shall support Member States and their national enforcement bodies by establishing a coordination mechanism at Union level to handle relevant cross-border cases in order to harmonise enforcement standards across the Union. Member States shall ensure that national enforcement bodies are equipped with sufficient resources to fulfil their functions based on minimum proportional standards, which shall be set by the Commission. Streamlined complaint mechanisms may support harmonised enforcement standards across the Union. |
Amendment 57
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Regulation (EC) No 1107/2006
Article 14 d – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. At the request of the Commission, the national enforcement bodies shall investigate specific suspected practices of non-compliance with the obligations laid down in this Regulation by one or several air carriers, airport managing bodies and tour operators and report its findings to the Commission within four months of the request. | 2. At the request of the Commission, the national enforcement bodies shall investigate specific suspected practices of non-compliance with the obligations laid down in this Regulation by one or several carriers, terminal managers and intermediaries and report its findings to the Commission within four months of the request. |
Amendment 58
Proposal for a regulation
Article 3 – paragraph 1 – point -1 (new)
Regulation (EU) No 1177/2010
Article 3 – paragraph 1 – point u a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (-1) In Article 3, the following definition is added: | |
| "(ua) ‘recognised assistance dog’ means a dog that has been specifically trained to increase the autonomy and safety of persons with disabilities and reduced mobility, and officially recognised in accordance with the applicable national rules of the passenger’s country of origin, where such rules exist; or where no such national rules exist, recognised on the basis of valid documentation issued in the passenger’s country of origin, including internationally recognised accrediting organisations or other organisations that train dogs in accordance with verifiable comparable standards."; |
Amendment 59
Proposal for a regulation
Article 3 – paragraph 1 – point -1 a (new)
Regulation (EU) No 1177/2010
Article 11 – paragraph 5 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (-1a) In Article 11, the following paragraph is added: | |
| "5a. A recognised assistance dog shall retain its status for the entire duration of the journey, and carriers shall not impose additional verification requirements at transfer points or when switching between transport modes."; |
Amendment 60
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point a
Regulation (EU) No 1177/2010
Article 16 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. In the case of a cancellation or a delay in departure of a passenger service or a cruise, passengers departing from port terminals or, if possible, passengers departing from ports shall be informed by the carrier or, where appropriate, by the terminal operator, of the situation and of their passenger rights under this Regulation as soon as possible and in any event no later than 30 minutes after the scheduled time of departure, and of the estimated departure time and estimated arrival time as soon as that information is available.; | 1. In the case of a cancellation or a delay in departure of a passenger service or a cruise, passengers departing from port terminals or, if possible, passengers departing from ports shall be informed by the carrier or, where appropriate, by the terminal operator, including the cause of the disruption of the situation and of their passenger rights under this Regulation as soon as possible and in any event no later than 30 minutes after the scheduled time of departure, and of the estimated departure time and estimated arrival time as soon as that information is available. |
Amendment 61
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point a a (new)
Regulation (EU) No 1177/2010
Article 16 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (aa) In Article 16, the following paragraph is inserted: | |
| “2a. Carriers shall provide efficient assistance and provide passengers with the necessary information regarding their rights, including complaint procedures. Carriers shall take immediate action in the event of cancelled or delayed journeys, via telephone, online or in person for all passengers once a journey has been booked, regardless of the booking channel. This assistance service shall provide information and alternative proposals in the event of disruption and shall be free of charge for passengers.”; |
Amendment 62
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point a b (new)
Regulation (EU) No 1177/2010
Article 16 – paragraph 3
| Present text | Amendment |
|---|---|
| (ab) paragraph 3 is replaced by the following: | |
| 3. The carrier or, where appropriate, the terminal operator, shall ensure that disabled persons or persons with reduced mobility receive the information required under paragraphs 1 and 2 in accessible formats. | "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 accordance with the accessibility requirements set out in Annex I to Directive (EU) 2019/882."; |
(Regulation (EU) No 1177/2010)
Amendment 63
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Regulation (EU) No 1177/2010
Article 18 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (1a) the following article is inserted: | |
| ‘Article 18a | |
| Common rules on vouchers | |
| Rules on vouchers’ validity and transferability set out in Article 12a of a future directive on Package Travel (Proposal 2023/0435 COD) shall apply to vouchers offered under this Regulation. |
Amendment 64
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Regulation (EU) No 1177/2010
Article 19 a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission shall adopt an implementing act establishing a common form for reimbursement and compensation requests under Articles 18 and 19. That common form shall be established in a format which is accessible to persons with disabilities and persons with reduced mobility. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 38 (2) of Regulation (EU) 2021/782.17 | 1. Carriers shall clearly inform passengers of the procedure for requesting reimbursement or compensation. The Commission shall adopt an implementing act establishing a common form for reimbursement and compensation requests under Articles 18 and 19. That common form shall be established in an accessible and user-friendly format in accordance with the accessibility requirements set out in Annex I to Directive (EU) 2019/882 which is accessible to persons with disabilities and persons with reduced mobility. The Commission shall make the common form available in all official languages of the Union on its website. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 38 (2) of Regulation (EU) 2021/782.17 |
| 17 Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (recast) (OJ L 172, 17.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/782/oj). | 17 Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (recast) (OJ L 172, 17.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/782/oj). |
Amendment 65
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Regulation (EU) No 1177/2010
Article 19 a – paragraph 1a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Carriers and intermediaries shall inform passengers of their right to request reimbursement, compensation, or both, as soon as they become entitled to them due to travel disruptions, and send them the common form via electronic means. They shall specify in their communication the addresses, both physical and email, to which requests by passengers are to be submitted. A general link directing passengers to general information about their rights shall also be included in that communication. |
Amendment 66
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Regulation (EU) No 1177/2010
Article 19 a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The passengers shall have the right to submit their requests using the common form referred to in paragraph 1. Carriers shall not reject a request for reimbursement or compensation solely on the grounds that the passenger has not used that form. If a request is not sufficiently precise, the carriers shall ask the passenger to clarify the request and shall assist the passenger in doing so. | 2. The passengers shall have the right to submit their requests using 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. Carriers shall not reject a request for reimbursement or compensation solely on the grounds that the passenger has not used that form. If a request is not sufficiently precise, the carriers shall ask the passenger to clarify the request and shall assist the passenger in doing so. |
Amendment 67
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Regulation (EU) No 1177/2010
Article 19 a – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Carriers shall have electronic means for passengers on their website, such as an e-mail address, to which requests under paragraph 1 may be sent. This requirement shall not apply where other electronic means of communication exist allowing passengers to request reimbursement or compensation, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. | 3. Carriers and intermediaries shall send to passengers the common form as soon as passengers are entitled to a refund or a compensation under this Regulation. Carriers and intermediaries shall provide details on their website such as an e-mail address and a physical address to which requests under paragraph 1 can be sent. In addition, carriers and intermediaries may provide access to other electronic means of communication allowing passengers to request reimbursement or compensation, such as a form on a website or mobile applications, provided that such means offer, in an accessible and inclusive format, the choice and information set out in the common form and are also available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. |
Amendment 68
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Regulation (EU) No 1177/2010
Article 19 a – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. Carriers and intermediaries shall acknowledge receipt of the passenger’s claim electronically where possible, regardless of the means of communication. Passengers shall also receive a copy of the communication and claim submitted to the carrier or intermediary, including the date and time it was sent. |
Amendment 69
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point a – point i
Regulation (EU) No 1177/2010
Article 23 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 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.; | 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 in accordance with accessibility requirements set out in Annex I to Directive (EU) 2019/882.; |
Amendment 70
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point a – point ii
Regulation (EU) No 1177/2010
Article 23 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Carriers, terminal operators and, when applicable, port authorities, shall also, within their respective areas of competence, ensure that information on the rights of passengers under this Regulation is publicly available on board ships, in ports, if possible, and in port terminals.; | Carriers, terminal operators and, when applicable, port authorities, shall also, within their respective areas of competence, ensure that information on the rights of passengers under this Regulation is publicly available on board ships, in ports, if possible, and in port terminals. The information in this Article shall be provided in accessible formats in accordance with the accessibility requirements set out in Annex I to Directive (EU) 2019/882. |
Amendment 71
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point b a (new)
Regulation (EU) No 1177/2010
Article 23 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) In Article 23, the following paragraph is added: | |
| "3a. Intermediaries shall, at the pre-contractual stage, inform consumers about the ticket price and all mandatory costs such as administrative, service or cancellation fees. Optional price supplements shall be clearly visible next to the headline price and at every step of the booking process."; |
Amendment 72
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Regulation (EU) No 1177/2010
Article 23 a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| The information referred to in Articles 16, 22 and 23 shall be provided in the most appropriate format, where technically possible by electronic means. | The information referred to in Articles 16, 22 and 23 shall be provided in the most appropriate format, in particular by electronic means. |
Amendment 73
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Regulation (EU) No 1177/2010
Article 23 a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 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. All means of communication shall enable the passenger to contact them quickly and communicate efficiently.; | Where information is provided by electronic means of communication, carriers, terminal operators, port authorities, travel agents, tour operators and ticket vendors shall ensure that it is provided in accessible formats in accordance with the accessibility requirements set out in Annex I to Directive (EU) 2019/882 and that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. All means of communication shall enable the passenger to contact them quickly, free of charge and communicate efficiently.; |
Amendment 74
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Regulation (EU) No 1177/2010
Article 24 a – title
| Text proposed by the Commission | Amendment |
|---|---|
| Service quality standards | Minimum Service Quality Standards |
Amendment 75
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Regulation (EU) No 1177/2010
Article 24 a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Carriers shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex V. | 1. Carriers shall establish service quality standards covering at least the items listed in Annex V. |
Amendment 76
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Regulation (EU) No 1177/2010
Article 24 a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 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. This report shall not contain personal data. | deleted |
Amendment 77
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Regulation (EU) No 1177/2010
Article 24 a – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Terminal operators shall establish service quality standards based on the relevant items listed in Annex V. 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.; | deleted |
Amendment 78
Proposal for a regulation
Article 3 – paragraph 1 – point 5 a (new)
Regulation (EU) No 1177/2010
Article 24 a a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (5a) The following article is inserted: | |
| “Article 24aa | |
| Individual passenger complaints | |
| National enforcement bodies shall be able to deal with individual passenger complaints and be granted, at least, minimum investigative and enforcement powers as provided for in Article 9(3), (4), (6) and (7) of Regulation (EU) 2017/2394.”; |
Amendment 79
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Regulation (EU) No 1177/2010
Article 25 a – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Compliance monitoring activities shall be based on the assessment of risks and carried out by means of audits, inspections, interviews, verifications and examination of documents as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified. | 4. Compliance monitoring activities shall be based on the assessment of risks and carried out by means of audits, inspections, interviews, verifications and examination of documents as appropriate. They shall include both announced and unannounced activities which shall be carried out in cooperation with persons with disabilities and their representative organisations, where relevant. The monitoring activities shall be proportionate to the risks identified. |
Amendment 80
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Regulation (EU) No 1177/2010
Article 25 c
| Text proposed by the Commission | Amendment |
|---|---|
| The national enforcement body to which the passenger complains, or any other body designated by a Member State for that purpose under Article 25(3), shall inform the complainant about his or her right to approach alternative dispute resolution bodies to seek individual redress.’; | The national enforcement body to which the passenger complains, or any other body designated by a Member State for that purpose under Article 25(3), shall inform the complainant about his or her right to approach alternative dispute resolution bodies to seek individual redress.’; Information on other alternative redress mechanisms such as national equality bodies shall also be provided. |
Amendment 81
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Regulation (EU) No 1177/2010
Article 27 a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Member States shall regularly send relevant information concerning the application of this Regulation to the Commission, which shall make this information available in electronic form to other Member States. | 1. The Member States shall regularly provide the Commission with relevant information concerning the application of this Regulation. The Commission shall make this information available in electronic form to other Member States and shall facilitate and support the dialogue concerning the interpretation and application of this Regulation as well as decide on the issues to be addressed in that information. |
Amendment 82
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Regulation (EU) No 1177/2010
Article 27 a – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. The Commission shall support Member States and their national enforcement bodies by establishing a coordination mechanism at Union level to handle relevant cross-border cases in order to harmonise enforcement standards across the Union. Member States shall ensure that national enforcement bodies are equipped with sufficient resources to fulfil their functions based on minimum proportional standards, which shall be set by the Commission. Streamlined complaint mechanisms may support harmonised enforcement standards across the Union. |
Amendment 83
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Regulation (EU) No 1177/2010
Article 27 a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. At the request of the Commission, the national enforcement bodies shall investigate specific suspected practices of non-compliance with the obligations laid down in this Regulation by one or several carriers, terminal operators, port authorities, travel agents, ticket vendors and tour operators and report its findings to the Commission within four months of the request.; | 2. At the request of the Commission, the national enforcement bodies shall investigate specific suspected practices of non-compliance with the obligations laid down in this Regulation by one or several carriers, terminal managers and intermediaries and report its findings to the Commission within four months of the request.; |
Amendment 84
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
Regulation (EC) No 1107/2006
Article 28
| Present text | Amendment |
|---|---|
| (7a) Article 28 is replaced by the following: | |
| Penalties | "Penalties |
| The Member States shall lay down rules on penalties applicable to infringements of the provisions of this Regulation and shall take all the measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify those rules and measures to the Commission by 18 December 2012 and shall notify it without delay of any subsequent amendment affecting them. | 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. The maximum amount of the fines shall be at least 4% of the trader's annual turnover in the Member State or Member States concerned. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them."; |
(Regulation (EU) No 1177/2010)
Amendment 85
Proposal for a regulation
Article 4 – paragraph 1 – point -1 (new)
Regulation (EU) No 181/2011
Article 3 – paragraph 1 – point q a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (-1) In Article 3, the following definition is added: | |
| "(qa) ‘recognised assistance dog’ means a dog that has been specifically trained to increase the autonomy and safety of persons with disabilities and reduced mobility, and officially recognised in accordance with the applicable national rules of the passenger’s country of origin, where such rules exist; or where no such national rules exist, recognition shall be based on valid documentation issued in the passenger’s country of origin, including internationally recognised accrediting organisations or other organisations that train dogs according to verifiable comparable standards."; |
Amendment 86
Proposal for a regulation
Article 4 – paragraph 1 – point -1 a (new)
Regulation (EU) No 181/2011
Article 10 – paragraph 5 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (-1a) The following paragraph is added | |
| "5a. A recognised assistance dog shall retain its status for the entire duration of the journey, and carriers shall not impose additional verification requirements at transfer points or when switching between transport modes."; |
Amendment 87
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Regulation (EU) No 181/2011
Article 19 a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission shall adopt an implementing act establishing a common form for reimbursement and compensation requests under Article 19 of this Regulation. That common form shall be established in a format which is accessible to persons with disabilities and persons with reduced mobility. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 38 (2) of Regulation (EU) 2021/78219 . | 1. Carriers shall clearly inform passengers of the procedure for requesting reimbursement or compensation. The Commission shall adopt an implementing act establishing a common form for reimbursement and compensation requests under Article 19 of this Regulation. That common form shall be established in an accessible and user-friendly format which is accessible to persons with disabilities and persons with reduced mobility in accordance with the accessibility requirements set out in Annex I to Directive (EU) 2019/882. The Commission shall make the common form available in all official languages of the Union on its website That implementing act shall be adopted in accordance with the examination procedure referred to in Article 38 (2) of Regulation (EU) 2021/78219 . |
| 19 Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (recast) (OJ L 172, 17.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/782/oj. | 19 Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (recast) (OJ L 172, 17.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/782/oj. |
Amendment 88
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Regulation (EU) No 181/2011
Article 19 a – paragraph 1a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Carriers and intermediaries shall inform passengers of their right to request reimbursement, compensation, or both, as soon as they become entitled to that right due to travel disruptions, and send them the common form via electronic means. They shall specify in their communication the addresses, both physical and email, to which requests by passengers are to be submitted. A general link directing passengers to general information about their rights shall also be included in that communication. |
Amendment 89
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Regulation (EU) No 181/2011
Article 19 a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The passengers shall have the right to submit their requests using the common form referred to in paragraph 1. Carriers shall not reject a request for reimbursement or compensation solely on the grounds that the passenger has not used that form. If a request is not sufficiently precise, the carrier shall ask the passenger to clarify the request and shall assist the passenger in doing so. | 2. The passengers shall have the right to submit their requests using 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. Carriers shall not reject a request for reimbursement or compensation solely on the grounds that the passenger has not used that form. If a request is not sufficiently precise, the carrier shall ask the passenger to clarify the request and shall assist the passenger in doing so. |
Amendment 90
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Regulation (EU) No 181/2011
Article 19 a – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Carriers shall have electronic means for passengers on their website, such as an e-mail address, to which requests under paragraph 1 may be sent. This requirement shall not apply where other electronic means of communication allowing passengers to request reimbursement or compensation exist, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. | 3. Carriers shall have electronic means for passengers on their website, such as an e-mail address and a physical address, to which requests under paragraph 1 may be sent. In addition, carriers and intermediaries may provide access to other electronic means of communication allowing passengers to request reimbursement or compensation, such as a form on a website or mobile applications, provided that such means offer, in an accessible and inclusive format, the choice and information set out in the common form and are available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. |
Amendment 91
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Regulation (EU) No 181/2011
Article 19 a – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. Carriers and intermediaries shall acknowledge receipt of the passenger’s claim regardless of the means of communication. Passengers shall also receive a copy of the communication and claim submitted to the carrier or intermediary, including the date and time it was sent. |
Amendment 92
Proposal for a regulation
Article 4 – paragraph 1 – point 1 a (new)
Regulation (EU) No 181/2011
Article 19 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (1a) the following article is inserted: | |
| “Article 19b | |
| Common rules on vouchers | |
| Rules on vouchers’ validity and transferability set out in Article 12a of a future directive on Package Travel (Proposal 2023/0435 COD) shall apply to vouchers offered under this Regulation."; |
Amendment 93
Proposal for a regulation
Article 4 – paragraph 1 – point 2 – point a
Regulation (EU) No 181/2011
Article 20 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. In the event of cancellation or delay in departure of a regular service, passengers departing from terminals shall be informed by the carrier or, where appropriate, the terminal managing body, of the situation and of their passenger rights under this Regulation as soon as possible and in any event no later than 30 minutes after the scheduled departure time, and of the estimated departure time as soon as this information is available.; | 1. In the event of cancellation or delay in departure or at arrival of a regular service, passengers shall be informed by the carrier, the intermediaries or, where appropriate, the terminal managing body, of the situation, including the cause of the disruption, and of their passenger rights under this Regulation as soon as possible and in any event no later than 30 minutes after the scheduled departure time, and of the estimated departure time as soon as this information is available.; |
Amendment 94
Proposal for a regulation
Article 4 – paragraph 1 – point 2 – point a a (new)
Regulation (EU) No 181/2011
Article 20 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (aa) In Article 20, the following paragraph is added: | |
| “2a. Carriers shall provide efficient assistance and provide passengers with the necessary information regarding their rights, including complaint procedures. Carriers shall take immediate action in the event of cancelled or delayed journeys, via telephone, online or in presence for all passengers once a journey has been booked, irrelevant of the booking channel. This assistance service shall provide information and alternative proposals in the event of disruption and shall be free of charge for passengers.”; |
Amendment 95
Proposal for a regulation
Article 4 – paragraph 1 – point 2 – point b
Regulation (EU) No 181/2011
Article 20 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The information required under paragraphs 1 and 2 shall also be provided by electronic means to all passengers, including those departing from bus stops, within the time-limit provided in paragraph 1, if the passenger has agreed to it and has provided the necessary contact details to the carrier or, where appropriate, to the terminal managing body, when purchasing the ticket.; | 4. The information required under paragraphs 1 and 2 shall also be provided by electronic means to all passengers, including those departing from bus stops, within the time-limit provided in paragraph 1, if the passenger has agreed to it and has provided the necessary contact details to the carrier or, where appropriate, to the terminal managing body, when purchasing the ticket in accordance with the accessibility requirements set out in Annex I to Directive (EU) 2019/882; |
Amendment 96
Proposal for a regulation
Article 4 – paragraph 1 – point 4 – point a
Regulation (EU) No 181/2011
Article 24
| Text proposed by the Commission | Amendment |
|---|---|
| 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.; | Carriers and terminal managing bodies shall, provide passengers with adequate information throughout their travel in formats which are accessible to all in accordance with the accessibility requirements set out in Annex I to Directive (EU) 2019/882 and in the same languages as those in which information is generally made available to all passengers. This information shall also be provided by electronic means to all passengers.; |
Amendment 97
Proposal for a regulation
Article 4 – paragraph 1 – point 5
Regulation (EU) No 181/2011
Article 25 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) contact details of the enforcement body or bodies designated by the Member State pursuant to Article 28(1). | (c) contact details of the enforcement body or bodies designated by the Member State pursuant to Article 28(1). This information shall also be provided by electronic means if feasible including at terminals and, where applicable, on the internet. At the request of a person with a disability or person with reduced mobility the information shall be provided, in an accessible format, in line with the accessibility requirements set out in Annex I to Directive (EU) 2019/882’; |
Amendment 98
Proposal for a regulation
Article 4 – paragraph 1 – point 5 a (new)
Regulation (EU) No 181/2011
Article 25 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (5a) The following paragraph is added: | |
| “2a. Intermediaries shall, at the pre-contractual stage, inform consumers about the ticket price and all mandatory costs such as administrative, service or cancellation fees. Optional price supplements shall be clearly visible next to the headline price and at every step of the booking process.”; |
Amendment 99
Proposal for a regulation
Article 4 – paragraph 1 – point 6
Regulation (EU) No 181/2011
Article 25 a
| Text proposed by the Commission | Amendment |
|---|---|
| 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. All means of communication shall enable the passenger to contact them quickly and communicate efficiently.; | Where information is provided by electronic means of communication, carriers, terminal managing bodies, ticket vendors, travel agents and tour operators shall ensure it is provided in accessible formats in accordance with the accessibility requirements set out in Annex I to Directive (EU) 2019/882 and that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. All means of communication shall enable the passenger to contact them quickly, free of charge and communicate efficiently; |
Amendment 100
Proposal for a regulation
Article 4 – paragraph 1 – point 7
Regulation (EU) No 181/2011
Article 26 a – title
| Text proposed by the Commission | Amendment |
|---|---|
| Service quality standards | Minimum Service Quality Standards |
Amendment 101
Proposal for a regulation
Article 4 – paragraph 1 – point 7
Regulation (EU) No 181/2011
Article 26 a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Carriers shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex III. | 1. Carriers shall establish service quality standards covering at least the items listed in Annex II. |
Amendment 102
Proposal for a regulation
Article 4 – paragraph 1 – point 7
Regulation (EU) No 181/2011
Article 26 a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 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 on which this Regulation becomes applicable], and every two years thereafter. This report shall not contain personal data. | deleted |
Amendment 103
Proposal for a regulation
Article 4 – paragraph 1 – point 7
Regulation (EU) No 181/2011
Article 26 a – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Terminal managing bodies shall establish service quality standards based 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 on request.; | deleted |
Amendment 104
Proposal for a regulation
Article 4 – paragraph 1 – point 7 a (new)
Regulation (EU) No 181/2011
Article 26 a a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (7a) The following article is inserted: | |
| “Article 26aa | |
| National enforcement bodies shall be able to deal with individual passenger complaints and be granted, at least, minimum investigative and enforcement powers as provided for in Article 9(3), (4), (6) and (7) of Regulation (EU) 2017/2394.”; |
Amendment 105
Proposal for a regulation
Article 4 – paragraph 1 – point 8
Regulation (EU) No 181/2011
Article 28 a – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Compliance monitoring activities shall be based on the assessment of risks and carried out by means of audits, inspections, interviews, verifications and examination of documents as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified. | 4. Compliance monitoring activities shall be based on the assessment of risks and carried out by means of audits, inspections, interviews, verifications and examination of documents as appropriate. They shall include both announced and unannounced activities which shall be carried out in cooperation with persons with disabilities and their representative organisations, where relevant. The monitoring activities shall be proportionate to the risks identified. |
Amendment 106
Proposal for a regulation
Article 4 – paragraph 1 – point 8
Regulation (EU) No 181/2011
Article 28 c
| Text proposed by the Commission | Amendment |
|---|---|
| The national enforcement body to which the passenger complains, or any other body designated by a Member State for that purpose under Article 28(3), shall inform the complainant about his or her right to approach alternative dispute resolution bodies to seek individual redress.; | The national enforcement body to which the passenger complains, or any other body designated by a Member State for that purpose under Article 28(3), shall inform the complainant about his or her right to approach alternative dispute resolution bodies to seek individual redress. Information on other alternative redress mechanisms such as national equality bodies shall also be provided; |
Amendment 107
Proposal for a regulation
Article 4 – paragraph 1 – point 9
Regulation (EU) No 181/2011
Article 30 a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Member States shall regularly send relevant information concerning the application of this Regulation to the Commission, which will make this information available in electronic form to other Member States. | 1. The Member States shall regularly provide the Commission with relevant information concerning the application of this Regulation. The Commission shall make this information available in electronic form to other Member States and shall facilitate and support the dialogue concerning the interpretation and application of this Regulation as well as decide on the issues to be addressed in that information. |
Amendment 108
Proposal for a regulation
Article 4 – paragraph 1 – point 9
Regulation (EU) No 181/2011
Article 30 a – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. The Commission shall support Member States and their national enforcement bodies by establishing a coordination mechanism at Union level to handle relevant cross-border cases in order to harmonise enforcement standards across the Union. Member States shall ensure that national enforcement bodies are equipped with sufficient resources to fulfil their functions based on minimum proportional standards, which shall be set by the Commission. Streamlined complaint mechanisms may support harmonised enforcement standards across the Union. |
Amendment 109
Proposal for a regulation
Article 4 – paragraph 1 – point 9
Regulation (EU) No 181/2011
Article 30 a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. At the request of the Commission, the national enforcement bodies shall investigate specific suspected practices of non-compliance with the obligations laid down in this Regulation by one or several carriers, terminal managing bodies, ticket vendors, travel agents and tour operators and report its findings to the Commission within four months of the request.; | 2. At the request of the Commission, the national enforcement bodies shall investigate specific suspected practices of non-compliance with the obligations laid down in this Regulation by one or several carriers, terminal managers and intermediaries and report its findings to the Commission within four months of the request.; |
Amendment 110
Proposal for a regulation
Article 4 – paragraph 1 – point 9 a (new)
Regulation (EU) No 181/2011
Article 31
| Text proposed by the Commission | Amendment |
|---|---|
| (9a) Article 31 is replaced by the following: | |
| “Article 31 | |
| Penalties | |
| 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. The maximum amount of the fines shall be at least 4% of the trader's annual turnover in the Member State or Member States concerned. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them.”; |
Amendment 111
Proposal for a regulation
Article 5 – paragraph 1 – point -1 (new)
Regulation (EU) 2021/782
Article 3 – paragraph 1 – point 22 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (-1) In Article 3, the following definition is added: | |
| “(22a) ‘recognised assistance dog’ means a dog that has been specifically trained to increase the autonomy and safety of persons with disabilities and reduced mobility, and officially recognised in accordance with the applicable national rules of the passenger’s country of origin, where such rules exist; or where no such national rules exist, recognition shall be based on valid documentation issued in the passenger’s country of origin, including internationally recognised accrediting organisations or other organisations that train dogs according to verifiable comparable standards.”; |
Amendment 112
Proposal for a regulation
Article 5 – paragraph 1 – point -1 a (new)
Regulation (EU) 2021/782
Article 14 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (-1a) The following article is inserted: | |
| “Article 14a | |
| Carriers shall provide efficient assistance and provide passengers with the necessary information regarding their rights, including complaint procedures. Carriers shall take immediate action in the event of cancelled or delayed journeys, via telephone, online or in person for all passengers once a journey has been booked, regardless of the booking channel. This assistance service shall provide information and alternative proposals in the event of disruption and shall be free of charge for passengers.”; |
Amendment 113
Proposal for a regulation
Article 5 – paragraph 1 – point -1 b (new)
Regulation (EU) 2021/782
Article 18 c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (-1b) the following article is inserted: | |
| “Article 18c | |
| Common rules on vouchers | |
| Rules on vouchers’ validity and transferability set out in Article 12a of a future directive on Package Travel (Proposal 2023/0435 COD) shall apply to vouchers offered under this Regulation.”; |
Amendment 114
Proposal for a regulation
Article 5 – paragraph 1 – point -1 c (new)
Regulation (EU) 2021/782
Article 20 – paragraph 2 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (-1c) In Article 20(2), point (b), is replaced by the following: | |
| "(b) hotel or other accommodation, and transport between the railway station and place of accommodation, in cases where a stay of one or more nights becomes necessary or an additional stay becomes necessary, where and when physically possible. In cases where such a stay becomes necessary due to the circumstances referred to in Article 19(10), the railway undertaking may limit the duration of accommodation to a maximum of three nights. The access requirements of persons with disabilities and persons with reduced mobility and the needs of recognised assistance dogs or service animals shall be taken into account, whenever possible;"; |
Amendment 115
Proposal for a regulation
Article 5 – paragraph 1 – point -1 d (new)
Regulation (EU) 2021/782
Article 20 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| (-1d) In Article 20, paragraph 5, is replaced by the following: | |
| "5. In applying paragraphs 1 to 4, the operating railway undertaking shall pay particular attention to the needs of persons with disabilities and persons with reduced mobility, as well as to those of any accompanying persons and recognised service dogs."; |
Amendment 116
Proposal for a regulation
Article 5 – paragraph 1 – point -1 e (new)
Regulation (EU) 2021/782
Article 21 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (-1e) In Article 21, the following paragraph is added: | |
| “2a. A recognised assistance dog shall retain its status for the entire duration of the journey, and carriers shall not impose additional verification requirements at transfer points or when switching between transport modes.”; |
Amendment 117
Proposal for a regulation
Article 5 – paragraph 1 – point -1 f (new)
Regulation (EU) 2021/782
Article 23 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (-1f) Article 23(1), point (c), is replaced by the following: | |
| "(c) a recognised assistance dog shall be permitted to accompany them in accordance with any relevant national law;"; |
Amendment 118
Proposal for a regulation
Article 5 – paragraph 1 – point -1 g (new)
Regulation (EU) 2021/782
Article 25 – title
| Text proposed by the Commission | Amendment |
|---|---|
| (-1g) in Article 25, the title is replaced by the following: | |
| "Compensation in respect of mobility equipment, assistive devices and recognised assistance dogs"; |
Amendment 119
Proposal for a regulation
Article 5 – paragraph 1 – point -1 h (new)
Regulation (EU) 2021/782
Article 25 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| (-1h) In Article 25, paragraph 1 is replaced by the following: | |
| "1. Where railway undertakings and station managers cause the loss of, or damage to, mobility equipment, including wheelchairs, and assistive devices, or the loss of, or injury to, recognised 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:"; |
Amendment 120
Proposal for a regulation
Article 5 – paragraph 1 – point -1 i (new)
Regulation (EU) 2021/782
Article 25 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (-1i) In Article 25(1), point (a), is replaced by the following: | |
| "(a) the cost of replacement or repair of the mobility equipment or assistive devices lost or damaged within 14 calendar days;"; |
Amendment 121
Proposal for a regulation
Article 5 – paragraph 1 – point -1 j (new)
Regulation (EU) 2021/782
Article 25 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (-1j) In Article 25(1), point (b), is replaced by the following: | |
| "(b) the cost of replacement or the treatment of the injury of a recognised assistance dog that was lost or injured; and"; |
Amendment 122
Proposal for a regulation
Article 5 – paragraph 1 – point -1 k (new)
Regulation (EU) 2021/782
Article 25 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (-1k) Article 25(1), point (c), is replaced by the following: | |
| "(c) reasonable costs of temporary replacement for mobility equipment, assistive devices or a recognised assistance dog where such replacement is not provided by the railway undertaking or the station manager in accordance with paragraph 2."; |
Amendment 123
Proposal for a regulation
Article 5 – paragraph 1 – point -1 l (new)
Regulation (EU) 2021/782
Article 29
| Present text | Amendment |
|---|---|
| Article 29 | (-1l) Article 29 is replaced by the following: |
| Service quality standards | “Service quality standards |
| 1. Railway undertakings shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex III. | Carriers shall establish service quality standards covering at least the items listed in Annex III.”; |
| 2. Railway undertakings shall monitor their own performance as reflected in the service quality standards. By 30 June 2023, and every two years thereafter, they shall publish a report on their service quality performance on their website. Such reports shall also be made available on the website of the European Union Agency for Railways. | |
| 3. Station managers shall establish service quality standards based 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 on request. |
(Regulation (EU) 2021/782)
Amendment 124
Proposal for a regulation
Article 5 – paragraph 1 – point -1 m (new)
Regulation (EU) 2021/782
Article 29 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (-1m) The following article is inserted: | |
| “Article 29a Individual passenger complaints National enforcement bodies shall be able to deal with individual passenger complaints and be granted, at least, minimum investigative and enforcement powers as provided for in Article 9 (3), (4), (6) and (7) of Regulation (EU) 2017/2394.”; |
Amendment 125
Proposal for a regulation
Article 5 – paragraph 1 – point -1 n (new)
Regulation (EU) 2021/782
Article 30 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (-1n) In Article 30, the following paragraph is added: | |
| “2a. Intermediaries shall, at the pre-contractual stage, inform consumers about the ticket price and all mandatory costs such as administrative, service or cancellation fees. Optional price supplements shall be clearly visible next to the headline price and at every step of the booking process.”; |
Amendment 126
Proposal for a regulation
Article 5 – paragraph 1 – point 1
Regulation (EU) 2021/782
Article 30 a
| Text proposed by the Commission | Amendment |
|---|---|
| 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. All means of communication shall enable the passenger to contact them quickly and communicate efficiently.; | 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. All means of communication shall enable the passenger to contact them quickly and communicate efficiently, free of charge, to communicate efficiently. They shall be provided in an accessible format in accordance with the requirements of Annex I to Directive (EU) 2019/882; |
Amendment 127
Proposal for a regulation
Article 5 – paragraph 1 – point 3
Regulation (EU) 2021/782
Article 34 a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Member States shall regularly send relevant information concerning application of this Regulation to the Commission, which will make this information available in electronic form to other Member States. | 1. The Member States shall regularly provide the Commission with relevant information concerning the application of this Regulation. The Commission shall make this information available in electronic form to other Member States and shall facilitate and support the dialogue concerning the interpretation and application of this Regulation as well as decide on the issues to be addressed in that information. |
Amendment 128
Proposal for a regulation
Article 5 – paragraph 1 – point 3
Regulation (EU) 2021/782
Article 34 a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. At the request of the Commission, the national enforcement bodies shall investigate specific suspected practices of non-compliance with the obligations laid down in this Regulation by one or several railway undertakings, infrastructure managers, station managers, ticket vendors and tour operators and report its findings to the Commission within four months of the request.. | 2. The Commission shall support Member States and their national enforcement bodies by establishing a coordination mechanism at Union level to handle relevant cross-border cases in order to harmonise enforcement standards across the Union. Member States shall ensure that national enforcement bodies are equipped with sufficient resources to fulfil their functions based on minimum proportional standards, which shall be set by the Commission. Streamlined complaint mechanisms may support harmonised enforcement standards across the Union. |
Amendment 129
Proposal for a regulation
Article 5 – paragraph 1 – point 3
Regulation (EU) 2021/782
Article 34 a – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. At the request of the Commission, the national enforcement bodies shall investigate specific suspected practices of non-compliance with the obligations laid down in this Regulation by one or several carriers, terminal managers and intermediaries and report its findings to the Commission within four months of the request.; |
Amendment 130
Proposal for a regulation
Article 5 – paragraph 1 – point 3 a (new)
Regulation (EU) 2021/782
Article 35
| Present text | Amendment |
|---|---|
| (3a) Article 35 is replaced by the following: | |
| Article 35 | “Article 35 |
| Penalties | 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. | 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. Maximum amount of the fines should be at least 4% of the trader's annual turnover in the Member State or Member States concerned. 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 34 the national enforcement body which is competent for the purposes of Article 33(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. |
(Regulation (EU) 2021/782)
Amendment 131
Proposal for a regulation
Annex I – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Information to passengers on their rights as required by this Regulation (in a transparent, accessible, non-discriminatory, effective and proportionate manner), and tickets | Information on safety provisions and restrictions applied |
| Information on the rights under Chapter IV (in a transparent, accessible, non-discriminatory, effective, and proportionate manner): | |
| - requirements regarding accompanying recognised assistance dogs (in the case of carriers) | |
| - conditions under which an accompanying person is required | |
| - the accessibility of the means of transport used | |
| - the accessibility of the airport (in the case of terminal managers) | |
| - the transport of mobility equipment - the complaints and compensation procedure for damaged equipment. |
Amendment 132
Proposal for a regulation
Annex I – paragraph 1
Regulation (EC) No 261/2004
Annex II
| Text proposed by the Commission | Amendment |
|---|---|
| Information to passengers on their rights as required by this Regulation (in a transparent, accessible, non-discriminatory, effective and proportionate manner), and tickets | Information on safety provisions and restrictions applied |
| Information on the rights under Chapter IV (in a transparent, accessible, non-discriminatory, effective, and proportionate manner): | |
| - requirements regarding accompanying recognised assistance dogs (in the case of carriers) | |
| - conditions under which an accompanying person is required | |
| - the accessibility of the means of transport used - the accessibility of the airport (in the case of terminal managers) | |
| - the transport of mobility equipment - the complaints and compensation procedure for damaged equipment. |
Amendment 133
Proposal for a regulation
Annex I – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| Punctuality of flights, and general principles to cope with disruptions to flights | deleted |
Amendment 134
Proposal for a regulation
Annex I – paragraph 3 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Delays | deleted |
Amendment 135
Proposal for a regulation
Annex I – paragraph 3 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) overall average delay of flights; | deleted |
Amendment 136
Proposal for a regulation
Annex I – paragraph 3 – point b – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| (b) percentage of delays caused by: | deleted |
Amendment 137
Proposal for a regulation
Annex I – paragraph 3 – point b – indent 1
| Text proposed by the Commission | Amendment |
|---|---|
| – extraordinary circumstances; | deleted |
Amendment 138
Proposal for a regulation
Annex I – paragraph 3 – point b – indent 2
| Text proposed by the Commission | Amendment |
|---|---|
| – fault on the part of the passenger; or | deleted |
Amendment 139
Proposal for a regulation
Annex I – paragraph 3 – point b – indent 3
| Text proposed by the Commission | Amendment |
|---|---|
| – the behaviour of a third party. | deleted |
Amendment 140
Proposal for a regulation
Annex I – paragraph 3 – point c – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| (c) percentage of flights delayed at departure: | deleted |
Amendment 141
Proposal for a regulation
Annex I – paragraph 3 – point c – indent 1
| Text proposed by the Commission | Amendment |
|---|---|
| – for two hours or more in the case of flights of 1500 kilometres or less; | deleted |
Amendment 142
Proposal for a regulation
Annex I – paragraph 3 – point c – indent 2
| Text proposed by the Commission | Amendment |
|---|---|
| – for three hours or more in the case of all intra-Community flights of more than 1500 kilometres and of all other flights between 1500 and 3500 kilometres; | deleted |
Amendment 143
Proposal for a regulation
Annex I – paragraph 3 – point c – indent 3
| Text proposed by the Commission | Amendment |
|---|---|
| – for four hours or more in the case of all other flights. | deleted |
Amendment 144
Proposal for a regulation
Annex I – paragraph 3 – point d – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| (d) percentage of flights delayed at arrival: | deleted |
Amendment 145
Proposal for a regulation
Annex I – paragraph 4 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Cancellations of flights | deleted |
Amendment 146
Proposal for a regulation
Annex I – paragraph 4 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) cancellation of flights; | deleted |
Amendment 147
Proposal for a regulation
Annex I – paragraph 4 – point b – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| (b) percentage of cancellations of flights caused by: | deleted |
Amendment 148
Proposal for a regulation
Annex I – paragraph 4 – point b – indent 1
| Text proposed by the Commission | Amendment |
|---|---|
| – extraordinary circumstances; | deleted |
Amendment 149
Proposal for a regulation
Annex I – paragraph 4 – point b – indent 2
| Text proposed by the Commission | Amendment |
|---|---|
| – fault on the part of the passenger; or | deleted |
Amendment 150
Proposal for a regulation
Annex I – paragraph 4 – point b – indent 3
| Text proposed by the Commission | Amendment |
|---|---|
| – the behaviour of a third party. | deleted |
Amendment 151
Proposal for a regulation
Annex I – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| Cleanliness of the means of passenger transport and the terminal facilities (air quality and temperature control inside, hygiene of sanitary facilities, etc.) | deleted |
Amendment 152
Proposal for a regulation
Annex I – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| Adherence to industry standards on weight and dimensions of hand luggage | deleted |
Amendment 153
Proposal for a regulation
Annex I – paragraph 7
| Text proposed by the Commission | Amendment |
|---|---|
| Results of the customer satisfaction survey(s) | deleted |
Amendment 154
Proposal for a regulation
Annex I – paragraph 8 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Complaint handling | deleted |
Amendment 155
Proposal for a regulation
Annex I – paragraph 8 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the number of complaints; | deleted |
Amendment 156
Proposal for a regulation
Annex I – paragraph 8 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) types of complaints; | deleted |
Amendment 157
Proposal for a regulation
Annex I – paragraph 8 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the outcome of complaints; | deleted |
Amendment 158
Proposal for a regulation
Annex I – paragraph 8 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) reimbursements; and | deleted |
Amendment 159
Proposal for a regulation
Annex I – paragraph 8 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) compensation for non-compliance with service quality standards. | deleted |
Amendment 160
Proposal for a regulation
Annex II – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Information to passengers on their rights as required by this Regulation (in a transparent, accessible, non-discriminatory, effective and proportionate manner). | Information on safety provisions and restrictions applied |
| Information on the rights under Chapter IV (in a transparent, accessible, non-discriminatory, effective, and proportionate manner): | |
| - requirements regarding accompanying recognised assistance dogs (in the case of carriers) | |
| - conditions under which an accompanying person is required | |
| - the accessibility of the means of transport used | |
| - the accessibility of the airport (in the case of terminal managers) | |
| - the transport of mobility equipment - the complaints and compensation procedure for damaged equipment. |
Amendment 161
Proposal for a regulation
Annex II – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| Results of the customer satisfaction survey(s) focusing on experiences of persons with disabilities and persons with reduced mobility and persons accompanying them | deleted |
Amendment 162
Proposal for a regulation
Annex II – paragraph 3 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Complaint handling | deleted |
Amendment 163
Proposal for a regulation
Annex II – paragraph 3 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the number of complaints; | deleted |
Amendment 164
Proposal for a regulation
Annex II – paragraph 3 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) types of complaints; | deleted |
Amendment 165
Proposal for a regulation
Annex II – paragraph 3 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the outcome of complaints; and | deleted |
Amendment 166
Proposal for a regulation
Annex II – paragraph 3 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) compensation for loss or damage of mobility equipment. | deleted |
Amendment 167
Proposal for a regulation
Annex II – paragraph 4 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Assistance provided to persons with disabilities and persons with reduced mobility (PRM) | deleted |
Amendment 168
Proposal for a regulation
Annex II – paragraph 4 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) number of denied transport services for a PRM, and the reason for it; | deleted |
Amendment 169
Proposal for a regulation
Annex II – paragraph 4 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) number of denied transport services for their recognised assistance dog or their mobility equipment and the reasons for it; | deleted |
Amendment 170
Proposal for a regulation
Annex II – paragraph 4 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) number of cases related to the loss or damages of mobility equipment and their outcome; | deleted |
Amendment 171
Proposal for a regulation
Annex II – paragraph 4 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) number of cases where the carrier obliged a person with disability or reduced mobility to be accompanied by someone to comply with the safety requirements); | deleted |
Amendment 172
Proposal for a regulation
Annex II – paragraph 4 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) discussions concerning this assistance with representative organisations and, where relevant, representatives of PRM; | deleted |
Amendment 173
Proposal for a regulation
Annex II – paragraph 4 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) the implementation of the disability awareness and assistance training. | deleted |
Amendment 174
Proposal for a regulation
Annex III – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Information to passengers on their rights as required by this Regulation (in a transparent, accessible, non-discriminatory, effective and proportionate manner) and tickets | Information on safety provisions and restrictions applied |
| Information on the rights under Chapter IV (in a transparent, accessible, non-discriminatory, effective, and proportionate manner): | |
| - requirements regarding accompanying recognised assistance dogs (in the case of carriers) | |
| - conditions under which an accompanying person is required | |
| - the accessibility of the means of transport used | |
| - the accessibility of the airport (in the case of terminal managers) | |
| - the transport of mobility equipment - the complaints and compensation procedure for damaged equipment. |
Amendment 175
Proposal for a regulation
Annex III – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| Punctuality of services, and general principles to cope with disruptions to services | deleted |
Amendment 176
Proposal for a regulation
Annex III – paragraph 3 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Delays | deleted |
Amendment 177
Proposal for a regulation
Annex III – paragraph 3 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) overall average delay of services; | deleted |
Amendment 178
Proposal for a regulation
Annex III – paragraph 3 – point b – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| (b) percentage of delays caused by: | deleted |
Amendment 179
Proposal for a regulation
Annex III – paragraph 3 – point b – indent 1
| Text proposed by the Commission | Amendment |
|---|---|
| – fault on the part of the passenger; | deleted |
Amendment 180
Proposal for a regulation
Annex III – paragraph 3 – point b – indent 2
| Text proposed by the Commission | Amendment |
|---|---|
| – weather conditions endangering the safe operation of the ship; or | deleted |
Amendment 181
Proposal for a regulation
Annex III – paragraph 3 – point b – indent 3
| Text proposed by the Commission | Amendment |
|---|---|
| – extraordinary circumstances hindering the performance of the passenger service. | deleted |
Amendment 182
Proposal for a regulation
Annex III – paragraph 3 – point c – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| (c) percentage of services delayed at departure; | deleted |
Amendment 183
Proposal for a regulation
Annex III – paragraph 3 – point c – indent 1
| Text proposed by the Commission | Amendment |
|---|---|
| – percentage of delays of less than 90 minutes; | deleted |
Amendment 184
Proposal for a regulation
Annex III – paragraph 3 – point c – indent 2
| Text proposed by the Commission | Amendment |
|---|---|
| – percentage of delays of more than 90 minutes. | deleted |
Amendment 185
Proposal for a regulation
Annex III – paragraph 3 – point d – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| (d) percentage of services delayed at arrival: | deleted |
Amendment 186
Proposal for a regulation
Annex III – paragraph 3 – point d – indent 1
| Text proposed by the Commission | Amendment |
|---|---|
| – percentage of delays of less than 1 hour; | deleted |
Amendment 187
Proposal for a regulation
Annex III – paragraph 3 – point d – indent 2
| Text proposed by the Commission | Amendment |
|---|---|
| – percentage of delays of at least1 hour in the case of a scheduled journey of up to 4 hours; | deleted |
Amendment 188
Proposal for a regulation
Annex III – paragraph 3 – point d – indent 3
| Text proposed by the Commission | Amendment |
|---|---|
| – percentage of delays of at least 2 hours in the case of a scheduled journey of more than 4 hours, but not exceeding 8 hours; | deleted |
Amendment 189
Proposal for a regulation
Annex III – paragraph 3 – point d – indent 4
| Text proposed by the Commission | Amendment |
|---|---|
| – percentage of delays of at least 3 hours in the case of a scheduled journey of more than 8 hours, but not exceeding 24 hours; | deleted |
Amendment 190
Proposal for a regulation
Annex III – paragraph 3 – point d – indent 5
| Text proposed by the Commission | Amendment |
|---|---|
| – percentage of delays of at least 6 hours in the case of a scheduled journey of more than 24 hours. | deleted |
Amendment 191
Proposal for a regulation
Annex III – paragraph 4 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Cancellations of services | deleted |
Amendment 192
Proposal for a regulation
Annex III – paragraph 4 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) cancellation of services; | deleted |
Amendment 193
Proposal for a regulation
Annex III – paragraph 4 – point b – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| (b) percentage of cancellations of services caused by: | deleted |
Amendment 194
Proposal for a regulation
Annex III – paragraph 4 – point b – indent 1
| Text proposed by the Commission | Amendment |
|---|---|
| – fault on the part of the passenger; | deleted |
Amendment 195
Proposal for a regulation
Annex III – paragraph 4 – point b – indent 2
| Text proposed by the Commission | Amendment |
|---|---|
| – weather conditions endangering the safe operation of the ship; or | deleted |
Amendment 196
Proposal for a regulation
Annex III – paragraph 4 – point b – indent 3
| Text proposed by the Commission | Amendment |
|---|---|
| – extraordinary circumstances hindering the performance of the passenger service; | deleted |
Amendment 197
Proposal for a regulation
Annex III – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| Cleanliness of the means of passenger transport and the terminal facilities (air quality and temperature control inside, hygiene of sanitary facilities, etc.) | deleted |
Amendment 198
Proposal for a regulation
Annex III – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| Results of the customer satisfaction survey(s) | deleted |
Amendment 199
Proposal for a regulation
Annex III – paragraph 7 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Complaint handling | deleted |
Amendment 200
Proposal for a regulation
Annex III – paragraph 7 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the number of complaints; | deleted |
Amendment 201
Proposal for a regulation
Annex III – paragraph 7 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) types of complaints; | deleted |
Amendment 202
Proposal for a regulation
Annex III – paragraph 7 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the outcome of complaints; | deleted |
Amendment 203
Proposal for a regulation
Annex III – paragraph 7 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) reimbursements; and | deleted |
Amendment 204
Proposal for a regulation
Annex III – paragraph 7 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) compensation for non-compliance with service quality standards. | deleted |
Amendment 205
Proposal for a regulation
Annex III – paragraph 8 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Assistance provided to persons with disabilities and persons with reduced mobility (PRM) | deleted |
Amendment 206
Proposal for a regulation
Annex III – paragraph 8 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) number of denied transport services for a PRM, and the reason for it; | deleted |
Amendment 207
Proposal for a regulation
Annex III – paragraph 8 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) number of denied transport services for their recognised assistance dog or their mobility equipment and the reasons for it; | deleted |
Amendment 208
Proposal for a regulation
Annex III – paragraph 8 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) number of cases related to the loss or damages of mobility equipment and their outcome; | deleted |
Amendment 209
Proposal for a regulation
Annex III – paragraph 8 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) number of cases where the carrier obliged a person with disability or reduced mobility to be accompanied by someone to comply with the safety requirements; | deleted |
Amendment 210
Proposal for a regulation
Annex III – paragraph 8 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) discussions concerning this assistance with representative organisations and, where relevant, representatives of PRM; | deleted |
Amendment 211
Proposal for a regulation
Annex III – paragraph 8 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) the implementation of the disability awareness and assistance training. | deleted |
Amendment 212
Proposal for a regulation
Annex IV – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Information to passengers on their rights as required by this Regulation (in a transparent, accessible, non-discriminatory, effective and proportionate manner) and tickets | Information on safety provisions and restrictions applied |
| Information on the rights under Chapter IV (in a transparent, accessible, non-discriminatory, effective, and proportionate manner): | |
| - requirements regarding accompanying recognised assistance dogs (in the case of carriers) | |
| - conditions under which an accompanying person is required | |
| - the accessibility of the means of transport used | |
| - the accessibility of the airport (in the case of terminal managers) | |
| - the transport of mobility equipment - the complaints and compensation procedure for damaged equipment. |
Amendment 213
Proposal for a regulation
Annex IV – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| Punctuality of regular services, and general principles to cope with disruptions to regular services | deleted |
Amendment 214
Proposal for a regulation
Annex IV – paragraph 3 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Delays | deleted |
Amendment 215
Proposal for a regulation
Annex IV – paragraph 3 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) overall average delay of regular services; | deleted |
Amendment 216
Proposal for a regulation
Annex IV – paragraph 3 – point b – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| (b) percentage of delays caused by: | deleted |
Amendment 217
Proposal for a regulation
Annex IV – paragraph 3 – point b – indent 1
| Text proposed by the Commission | Amendment |
|---|---|
| – severe weather conditions or major natural disasters endangering the safe operation of bus and coach services; | deleted |
Amendment 218
Proposal for a regulation
Annex IV – paragraph 3 – point b – indent 2
| Text proposed by the Commission | Amendment |
|---|---|
| – the bus or coach becoming inoperable during the journey. | deleted |
Amendment 219
Proposal for a regulation
Annex IV – paragraph 3 – point c – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| (c) percentage of regular services delayed in departure: | deleted |
Amendment 220
Proposal for a regulation
Annex IV – paragraph 3 – point c – indent 1
| Text proposed by the Commission | Amendment |
|---|---|
| – percentage of delays of 120 mins or less; | deleted |
Amendment 221
Proposal for a regulation
Annex IV – paragraph 3 – point c – indent 2
| Text proposed by the Commission | Amendment |
|---|---|
| – percentage of delays of more than 120 mins. | deleted |
Amendment 222
Proposal for a regulation
Annex IV – paragraph 4 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Cancellations of regular services | deleted |
Amendment 223
Proposal for a regulation
Annex IV – paragraph 4 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) percentage of cancellations of regular services; | deleted |
Amendment 224
Proposal for a regulation
Annex IV – paragraph 4 – point b – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| (b) percentage of cancellations of regular services caused by: | deleted |
Amendment 225
Proposal for a regulation
Annex IV – paragraph 4 – point b – indent 1
| Text proposed by the Commission | Amendment |
|---|---|
| – severe weather conditions or major natural disasters endangering the safe operation of bus and coach services; | deleted |
Amendment 226
Proposal for a regulation
Annex IV – paragraph 4 – point b – indent 2
| Text proposed by the Commission | Amendment |
|---|---|
| – the bus or coach becoming inoperable during the journey. | deleted |
Amendment 227
Proposal for a regulation
Annex IV – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| Cleanliness of buses and coaches (air conditioning, hygiene of sanitary facilities if available, etc.) and the terminal facilities (air quality and temperature control inside, hygiene of sanitary facilities, etc.) | deleted |
Amendment 228
Proposal for a regulation
Annex IV – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| Results of the customer satisfaction survey(s) | deleted |
Amendment 229
Proposal for a regulation
Annex IV – paragraph 7 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Complaint handling | deleted |
Amendment 230
Proposal for a regulation
Annex IV – paragraph 7 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the number of complaints; | deleted |
Amendment 231
Proposal for a regulation
Annex IV – paragraph 7 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) types of complaints; | deleted |
Amendment 232
Proposal for a regulation
Annex IV – paragraph 7 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the outcome of complaints; | deleted |
Amendment 233
Proposal for a regulation
Annex IV – paragraph 7 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) reimbursements; and | deleted |
Amendment 234
Proposal for a regulation
Annex IV – paragraph 7 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) compensation for non-compliance with service quality standards. | deleted |
Amendment 235
Proposal for a regulation
Annex IV – paragraph 8 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Assistance provided to persons with disabilities and persons with reduced mobility (PRM) | deleted |
Amendment 236
Proposal for a regulation
Annex IV – paragraph 8 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) number of denied transport services for a PRM, and the reason for it; | deleted |
Amendment 237
Proposal for a regulation
Annex IV – paragraph 8 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) number of denied transport services for their recognised assistance dog or their mobility equipment and the reasons for it; | deleted |
Amendment 238
Proposal for a regulation
Annex IV – paragraph 8 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) number of cases related to the loss or damages of mobility equipment and their outcome; | deleted |
Amendment 239
Proposal for a regulation
Annex IV – paragraph 8 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) number of cases where the carrier obliged a person with disability or reduced mobility to be accompanied by someone to comply with the safety requirements; | deleted |
Amendment 240
Proposal for a regulation
Annex IV – paragraph 8 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) discussions concerning this assistance with representative organisations and, where relevant, representatives of PRM; | deleted |
Amendment 241
Proposal for a regulation
Annex IV – paragraph 8 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) the implementation of the disability awareness and assistance training. | deleted |
Annex: entities or persons from whom the rapporteur has received input 4 paragraphs
Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur for the opinion received input from the following entities or persons in the preparation of the opinion, prior to the adoption thereof in committee:
| Entity and/or person |
| European Association of Service providers for Persons with Disabilities - EASPD |
| Booking.com |
| B.V. Cruise Lines International Association |
| An Roinn Iompair - Department of Transport (Ireland) |
| ECTAA: Group of National Travel Agents' and Tour Operators' Associations within the EU |
| HOTREC |
| TUI |
| Ryanair |
| BEUC |
| European Disability Forum - EDF |
| Permanent Representation of Ireland to the EU |
| Aer Lingus |
| Irish Wheel Chair Association |
| Rehab Group |
| The Wheel |
| Airports Council International - ACI |
| As I Am |
| Trainline |
| AllRail |
| International Air Transport Association |
| Union Internationale des Transports Publics - UTIP |
| German Federal Ministry for Economic Affairs and Climate Action |
| EU Travel Tech |
| European Travel Association |
| Coach Tourism and Transport Council of Ireland |
The list above is drawn up under the exclusive responsibility of the rapporteur for the opinion.
Where natural persons are identified in the list by their name, by their function or by both, the rapporteur for the opinion declares that she has submitted to the concerned natural persons the European Parliament's Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.
Procedure pages
How the committees handled the text, and how their members voted on it.
Procedure – committee asked for opinion 1 paragraph
| Title | Amending Regulations (EC) No 261/2004, (EC) No 1107/2006, (EU) No 1177/2010, (EU) No 181/2011 and (EU) 2021/782 as regards enforcement of passenger rights in the Union | ||
| References | COM(2023)0753 – C9-0434/2023 – 2023/0437(COD) | ||
| Committee(s) responsible | TRAN | ||
| Opinion by Date announced in plenary | IMCO 8.2.2024 | ||
| Rapporteur for the opinion Date appointed | Cynthia Ní Mhurchú 2.10.2024 | ||
| Discussed in committee | 12.12.2024 | 28.1.2025 | 18.3.2025 |
| Date adopted | 20.5.2025 | ||
| Result of final vote | +: –: 0: | 42 4 1 | |
| Members present for the final vote | Peter Agius, Pablo Arias Echeverría, Laura Ballarín Cereza, Katarina Barley, Biljana Borzan, Stefano Cavedagna, David Cormand, Henrik Dahl, Dóra Dávid, Adnan Dibrani, Elisabeth Dieringer, Christian Doleschal, Hanna Gedin, Sandro Gozi, Maria Grapini, Elisabeth Grossmann, Svenja Hahn, Virginie Joron, Arba Kokalari, Katrin Langensiepen, Pierfrancesco Maran, Jorge Martín Frías, Nikola Minchev, Piotr Müller, Denis Nesci, Cynthia Ní Mhurchú, Reinis Pozņaks, Christel Schaldemose, Andreas Schwab, Tomislav Sokol, Dimitris Tsiodras, Inese Vaidere, Adina Vălean, Kim Van Sparrentak, Marion Walsmann | ||
| Substitutes present for the final vote | Marc Angel, Brando Benifei, Tomasz Buczek, Sebastião Bugalho, Andrzej Buła, Sebastian Kruis, Alice Kuhnke, Marlena Maląg, Ivaylo Valchev | ||
| Members under Rule 216(7) present for the final vote | Zsuzsanna Borvendég, João Cotrim De Figueiredo, Hans Neuhoff |
Final vote by roll call by the committee asked for opinion 3 paragraphs
42 · For
- ECR
- Stefano Cavedagna, Marlena Maląg, Piotr Müller, Denis Nesci, Reinis Pozņaks, Ivaylo Valchev
- ESN
- Zsuzsanna Borvendég, Hans Neuhoff
- EPP
- Peter Agius, Pablo Arias Echeverría, Sebastião Bugalho, Andrzej Buła, Henrik Dahl, Dóra Dávid, Christian Doleschal, Arba Kokalari, Andreas Schwab, Tomislav Sokol, Dimitris Tsiodras, Inese Vaidere, Adina Vălean, Marion Walsmann
- Renew
- João Cotrim De Figueiredo, Sandro Gozi, Svenja Hahn, Nikola Minchev, Cynthia Ní Mhurchú
- S&D
- Marc Angel, Laura Ballarín Cereza, Katarina Barley, Brando Benifei, Biljana Borzan, Adnan Dibrani, Maria Grapini, Elisabeth Grossmann, Pierfrancesco Maran, Christel Schaldemose
- The Left
- Hanna Gedin
- Greens
- David Cormand, Alice Kuhnke, Katrin Langensiepen, Kim Van Sparrentak
4 · Against
- Patriots
- Tomasz Buczek, Elisabeth Dieringer, Sebastian Kruis, Jorge Martín Frías
1 · Abstained
- Patriots
- Virginie Joron
Procedure – committee responsible 1 paragraph
| Title | Amending Regulations (EC) No 261/2004, (EC) No 1107/2006, (EU) No 1177/2010, (EU) No 181/2011 and (EU) 2021/782 as regards enforcement of passenger rights in the Union | |
| References | COM(2023)0753 – C9-0434/2023 – 2023/0437(COD) | |
| Date submitted to Parliament | 30.11.2023 | |
| Committee(s) responsible Date announced in plenary | TRAN 8.2.2024 | |
| Committees asked for opinions Date announced in plenary | IMCO 8.2.2024 | |
| Rapporteurs Date appointed | Matteo Ricci 16.9.2024 | |
| Discussed in committee | 14.5.2025 | |
| Date adopted | 24.6.2025 | |
| Result of final vote | +: –: 0: | 38 2 2 |
| Members present for the final vote | Daniel Attard, Adrian-George Axinia, Tom Berendsen, Rachel Blom, Nina Carberry, Benoit Cassart, Carlo Ciccioli, Vivien Costanzo, Johan Danielsson, Valérie Devaux, Gheorghe Falcă, Jens Gieseke, Sérgio Gonçalves, Sérgio Humberto, Dariusz Joński, François Kalfon, Sophia Kircher, Merja Kyllönen, Luis-Vicențiu Lazarus, Julien Leonardelli, Vicent Marzà Ibáñez, Alexandra Mehnert, Ştefan Muşoiu, Jan-Christoph Oetjen, Philippe Olivier, Matteo Ricci, Arash Saeidi, Volker Schnurrbusch, Rosa Serrano Sierra, Virginijus Sinkevičius, Stanislav Stoyanov, Kai Tegethoff, Elissavet Vozemberg-Vrionidi, Kosma Złotowski | |
| Substitutes present for the final vote | Vilis Krištopans, Elżbieta Katarzyna Łukacijewska, Andrey Novakov, Beata Szydło, Ana Vasconcelos | |
| Members under Rule 216(7) present for the final vote | Regina Doherty, Andreas Glück, Hannes Heide | |
| Date tabled | 4.7.2025 |
Final vote by roll call by the committee responsible 3 paragraphs
38 · For
- ECR
- Adrian-George Axinia, Carlo Ciccioli, Beata Szydło, Kosma Złotowski
- No group
- Luis-Vicențiu Lazarus
- EPP
- Tom Berendsen, Nina Carberry, Regina Doherty, Gheorghe Falcă, Jens Gieseke, Sérgio Humberto, Dariusz Joński, Sophia Kircher, Elżbieta Katarzyna Łukacijewska, Alexandra Mehnert, Andrey Novakov, Elissavet Vozemberg-Vrionidi
- Patriots
- Rachel Blom, Vilis Krištopans
- Renew
- Benoit Cassart, Valérie Devaux, Andreas Glück, Jan-Christoph Oetjen, Ana Vasconcelos
- S&D
- Daniel Attard, Vivien Costanzo, Johan Danielsson, Sérgio Gonçalves, Hannes Heide, François Kalfon, Ştefan Muşoiu, Matteo Ricci, Rosa Serrano Sierra
- The Left
- Merja Kyllönen, Arash Saeidi
- Greens
- Vicent Marzà Ibáñez, Virginijus Sinkevičius, Kai Tegethoff
2 · Against
- ESN
- Volker Schnurrbusch, Stanislav Stoyanov
2 · Abstained
- Patriots
- Julien Leonardelli, Philippe Olivier