Activities of Brian SIMPSON related to 2013/0072(COD)
Plenary speeches (1)
Compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (debate)
Amendments (23)
Amendment 126 #
Proposal for a regulation
Recital 10
Recital 10
(10) AThe airports managing body and airport users such as air carriers and, ground handling companies and assistance providers for disabled passengers and passengers with reduced mobility should cooperate to minimise the impact of multiple flight disruptions on passengers by ensuring their care and rerouting. To this end, they shouldall prepare contingency plans for such occurrences and worksubmit such plans toge ther in the development of such plans National Enforcement Body who shall assess them and may require adaptations when necessary.
Amendment 138 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) Disabled passengers or passengers with reduced mobility missing a connecting flight due to delay caused by airport assistance services shall be adequately cared for while waiting for re- routing. Such passengers should be able to claim compensation from the airport managing body on a similar basis to passengers whose flights are delayed or cancelled by the air carrier.
Amendment 149 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) To assist National Enforcement Bodies in fulfilling their role regarding the enforcement of this Regulation, air carriers should provide them with relevant compliance documentation that demonstrates their consistent compliance with all relevant Articles of the Regulation.
Amendment 150 #
Proposal for a regulation
Recital 21 b (new)
Recital 21 b (new)
(21 b) As commercial aviation is an integrated EU market, measures to guarantee enforcement of the Regulation will be more effective at Union level with increased involvement of the European Commission. Specifically, the European Commission should increase awareness of air carriers' compliance with passenger rights requirements among the flying public by publishing a list of carriers that systematically fail to comply with the Regulation.
Amendment 158 #
Proposal for a regulation
Recital 27
Recital 27
(27) In order to ensure that the damage to or loss of mobility equipment is compensated to its full value, air carriers should offer free of charge to persons with reduced mobilityand airport assistance services shall inform disabled passengers or passengers with reduced mobility at the time of booking and again at check-in of the opportunity to make a special declaration of interest, which pursuant to the Montreal Convention, allows them to seek full compensation for loss or damage.
Amendment 183 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Regulation (EC) No 261/2004
Article 2 – point i
Article 2 – point i
"disabled person or “'person with reduced mobility” means any person as defined in Article 2(a) of Regulation (EC) No 1107/2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air22 . __________________ 22whose mobility when using transport is reduced due to any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation needs appropriate attention and the adaptation to his or her particular needs of the service made available to all passengers; __________________ 22 OJ L204, 26.7.2006, p.1 OJ L204, 26.7.2006, p.1
Amendment 284 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Regulation (EC) No 261/2004
Article 5 – paragraph 5
Article 5 – paragraph 5
At airports whose annual traffic has been not less than three million passengers for at least three consecutive years, the airport managing body shall ensure that the operations of the airport mand ofaging body in cooperation with the airport users, in particular the air carriers and, the suppliers of ground handling services, are cond special assistance providers for dinated through a proper contingency plansabled passengers or passengers with reduced mobility, shall set up a proper contingency plan that shall ensure adequate coordination of the airport and the airport users in view of possible situations of multiple cancellations and/or delays of flights leading to a considerable number of passengers stranded at the airport, including in cases of airline insolvency or revocation of the operating licence. The contingency plan shall be set up to ensure adequate information and assistance to the stranded passengers. The managing body of the airport shall communicate the contingency plan and any amendments to it to the National Enforcement Body designated pursuant to Article 16. At airports below the above-mentioned threshold, the airport management body shall make all reasonable efforts to coordinate airport users and to assist and inform stranded passengers in such situations.
Amendment 437 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 261/2004
Article 11 – paragraph 3
Article 11 – paragraph 3
The operating air carrier shall not apply the limitations set out in Articles 9(4) and 9(5) if the passenger is a person with a disability or with reduced mobility or any person accompanying him/her, an unaccompanied child, a pregnant woman or a person in need of specific medical assistance, on condition the air carrier or its agent or the organiser has been notified of their particular needs for assistance at least 48 hours before the scheduled time of departure of the flight, Such notification shall be deemed to cover the entire journey and the return journey if both journeys have been contracted with the same air carrier. The accommodation provided as well as the information about those arrangements, given by different means of communication, shall be accessible and the needs of guide and assistance dogs should be equally met.
Amendment 447 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 261/2004
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
In Article 14, the following paragraph shall be inserted: 1a. 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.
Amendment 468 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Regulation (EC) No 261/2004
Article 14 a (new)
Article 14 a (new)
13 a. The following Article is inserted: "Article 14a Compliance documents 1. Community air carriers shall prepare and submit to the National Enforcement Body of the Member State that issued their operating licence pursuant to Regulation 1008/2008 and to the European Commission by 1 January 2016 a document that demonstrates in reasonable detail that their operating procedures are sufficient to ensure that they consistently comply with all relevant Articles of the Regulation. 2. Any other carrier providing services from a Union airport shall submit a compliance document to the NEBs of all Member States in which they operate and to the European Commission. 3. Air Carriers will review their compliance documents and submit updated versions to the relevant NEB(s) and to the European Commission every three years henceforth."
Amendment 471 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) No 261/2004
Article 16 – paragraph 2
Article 16 – paragraph 2
The National Enforcement Body shall closely monitor compliance with the requirements of this Regulation and take the measures necessary to ensure that the rights of passengers are respected. For this purpose, air carriers and airport managing bodies shall provide the relevant documents to the National Enforcement Body at its request. In order to carry out its functions, the National Enforcement Body shall also take accou within one month of the information submitted to it by the body designated under Artits request, without prejudicle 16a. It may also decide on enforcement actions based on individual complaints transmitted by the body designatedto the obligations of air carriers under Article 164a.
Amendment 475 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) No 261/2004
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
In Article 16, the following paragraph shall be inserted: 2a. In order to carry out its functions, the National Enforcement Body shall take account of the information submitted to it by the body designated under Article 16a and of the compliance documents submitted by air carriers, where possible corroborating the validity of Compliance Documents against complaints information. The National Enforcement Body shall also take enforcement actions based on individual complaints transmitted by the body designated under Article 16a.
Amendment 486 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16a – paragraph 2
Article 16a – paragraph 2
If a passenger wants to make a complaint to the air carrier with regard to his rights under this Regulation, he shall submit it within 3 months from the date on which the flight was performed or was scheduled to be performed. Within 7 days of receiving the complaint, the carrier shall confirm the receipt of the complaint to the passenger. Within two months of receiving the complaint, the carrier shall provide a full and reasoned answer to the passenger, as well as the relevant contact details of the designated body referred to in paragraph 3, including postal address, phone number, email address and website.
Amendment 492 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16a – paragraph 3
Article 16a – paragraph 3
In accordance with relevant EU and national law, each Member State shall designate a national body or bodies responsible for the out-of-court resolution of disputes between air carriers and passengers with regard to the rights covered by this Regulation. The designated body shall maintain a website, email and postal address and phone line for the public, all of which shall be provided to passengers by national aviation authorities, airport managing bodies and air carriers upon request.
Amendment 496 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16a – paragraph 4 a (new)
Article 16a – paragraph 4 a (new)
In Article 16a, the following paragraph shall be inserted: 4a. If the airline is found to be at fault the complaints handling body shall inform the National Enforcement Body, who with reference to Article 16a, paragraph 2, shall take action to ensure enforcement.
Amendment 500 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16a – paragraph 5
Article 16a – paragraph 5
Within 7 days of receiving the complaint, the designated body shall confirm receipt of the complaint and shall send a copy to the appropriate National Enforcement Body. The national body designated under paragraph 3 shall keep the complainant informed of what steps have been taken to investigate the complaint. The time taken to provide the final reply to the complainant shall not be longer than three months from the receipt of the complaint. A copy of the final reply shall also be provided to the National Enforcement Body, who will notify the complainant of any enforcement action taken by the National Enforcement Body pursuant to their individual complaint.
Amendment 505 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16a – paragraph 5 b (new)
Article 16a – paragraph 5 b (new)
In Article 16a, the following paragraph shall be inserted: 5b. In cases where the final reply of the designated body confirms that an infringement of the Regulation has been committed, the designated body shall also send the reply, and the complaint file, to the European Commission. It will also on an annual basis send to the European Commission, and publish on its website, the number of complaints that it has received by type of alleged infringement as well as by air carrier, and the outcomes of the process (e.g. compensation paid or not paid, recovery or non-recovery of expenses for accommodation).
Amendment 507 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16b – paragraph 1 a (new)
Article 16b – paragraph 1 a (new)
In Article 16b, the following paragraph shall be inserted: 1a. The Commission may, by means of implementing acts, adopt provisions on the minimum contents of the compliance documents of Article 15. The minimum contents will however at least contain contingency plans for major disruptions, would identify those responsible for providing assistance and other rights, the modalities and procedures through which complaints are handled and assistance and compensation are provided, and procedures and templates for communication with passengers. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 16c.
Amendment 512 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16b – paragraph 5 a (new)
Article 16b – paragraph 5 a (new)
In Article 16b, the following paragraph shall be inserted: 5a. The Commission shall publish on its website and regularly update, starting no later than 1 May 2015, a list of all air carriers operating in the Union that systematically fail to comply with the provisions of this Regulation. Irrespective of size or nationality, any carrier for whom the Commission has received evidence of infringements according to Article 16a Paragraph 5b that occurred to passengers on more than 10 different flights in one calendar year, and that relate to more than one Article of the Regulation, shall be considered to systematically fail to comply with the Regulation.
Amendment 526 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 2027/97
Article 6a – paragraph 1
Article 6a – paragraph 1
Whenever carrying checked wheelchairs or other mobility equipment or assistive devices, the air carrier and its agents shall make aware and offer each person with reduced mobility as defined in Article 2(a) of Regulation (EC) No 1107/200625 the option to make, free of charge, a special declaration of interest pursuant to Article 22(2) of the Montreal Convention, at booking and at the latest when the equipment is handed to the carrier. __________________ 25 Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air, OJ L 204, 26.7.2006, p.1
Amendment 570 #
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1– paragraph 1 – point ii
Annex 1– paragraph 1 – point ii
technical problems which are not inherent in the normal operation of the aircraft, such as the identification of a defect during the flight operation concerned andaffecting the aircraft which parevents the normal continuation of the operation; or caused by a hidden manufacturing defect revealnotified by the manufacturer or a competent safety authority; and which impinges on flight safetyll other technical problems shall not be considered as extraordinary circumstances for the purpose of this regulation;
Amendment 581 #
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – paragraph 1 – point v
Annex 1 – paragraph 1 – point v
air traffic management restrictions or closure of airspace or an airport (including runway closure);
Amendment 592 #
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – paragraph 2 – point i
Annex 1 – paragraph 2 – point i