Activities of Dieter-Lebrecht KOCH related to 2013/0072(COD)
Plenary speeches (2)
Compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (debate)
Compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (debate)
Amendments (23)
Amendment 107 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) It should be stressed in addition that, as well as rights, passengers have responsibilities and that, by fulfilling them, they can help ensure that everything will pass off safely and smoothly for themselves and other travellers before, during, and after the journey.
Amendment 115 #
Proposal for a regulation
Recital 6
Recital 6
(6) Regulation (EC) No 261/2004 alsodoes not appliesy to passengers that have booked their air transport as part of a package travel. However, it should be clarified that passengers may not cumulate corresponding rights, in particular under both this Regulation and Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours1. The passengers should be able to choose under which law they introduce their claims, but should not have the right to cumulate compensation for the same problem under both legal acts. Passengers should not be concerned about how air carriers and tour operators allocate such claims between them. __________________ 17__________________ 17 OJ L 158, 23.6.1990, p. 59. OJ L 158, 23.6.1990, p. 59.
Amendment 144 #
Proposal for a regulation
Recital 18
Recital 18
(18) For disabled personpersons with disabilities, persons with reduced mobility and other persons with special needs such as unaccompanied children, pregnant women and persons in need of specific medical attentionwith specific health needs, it may be more difficult to arrange accommodation unaided when flight disruptions occur. Therefore, any limitations on the right for accommodation in cases of extraordinary circumstances or for regional operations should not apply to these categories of passengers.
Amendment 193 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e
Article 1 – paragraph 1 – point 1 – point e
Regulation (EC) No 261/2004
Article 2 – point m
Article 2 – point m
«extraordinary circumstances» means circumstances which, by their nature or origin, are not inherentbeyond the control of the air carrier concerned in the normal exercise of theits activity of the air carrier concerned and are beyond its actual controland outside the obligations imposed by the relevant safety and security rules to be observed. For the purposes of this Regulation, extraordinary circumstances shall include the circumstances set out in the Annex;
Amendment 201 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e
Article 1 – paragraph 1 – point 1 – point e
Regulation (EC) No 261/2004
Article 2 – point o
Article 2 – point o
«connecting flight» means a flight which, under a single contract of carriage and one booking reference, is intended to enable the passenger to arrive at a transfer point in order to depart on another flight, or, where appropriate in the context of Article 6a, means that other flight departing from the transfer point.
Amendment 211 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e
Article 1 – paragraph 1 – point 1 – point e
Regulation (EC) No 261/2004
Article 2 – point r
Article 2 – point r
«airport managing body» means a body which, in conjunction with other activities or not as the case may be, has as its objective under national laws, regulations or contracts the administration and management of the airport or airport network infrastructures and the coordination and control of the activities of the different operators present in the airports or airport network concerned;
Amendment 276 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Regulation (EC) No 261/2004
Article 5 – paragraph 3
Article 5 – paragraph 3
An operating air carrier shall not be obliged to pay compensation in accordance with Article 7 if it can prove that the cancellation is caused by extraordinary circumstances and that the cancellation could not have been avoided even if all reasonable measures had been taken. Such extraordinary circumstances can only be invoked insofar they affect the flight concerned or othe previousr flights operated by the same aircraftn the airline’s schedule the cancellation of which is proven by the airline to have been caused directly by the extraordinary circumstances in question.
Amendment 332 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
In Article 6(2), the following point shall be inserted: (ca) A cancellation within the delay period may not be treated in the same way as a delay not subject to a penalty.
Amendment 333 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 3
Article 6 – paragraph 3
Paragraph 2 shall also apply where the operating air carrier has modified the scheduled times of departure and arrival causing a delay compared to the time of arrival of the original schedule, unless the passenger was informed of the schedule change more than fifteen10 days in advance of the originally scheduled time of departure.
Amendment 340 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 4
Article 6 – paragraph 4
An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay or change of schedule is caused by extraordinary circumstances and that the delay or change of schedule could not have been avoided even if all reasonable measures had been taken. Such extraordinary circumstances can only be invoked insofar they affect the flight concerned or othe previousr flights operated by the same aircraftn the airline’s schedule the cancellation of which is proven by the airline to have been caused directly by the extraordinary circumstances in question. Exceptions are provided for in Article 1(11).
Amendment 351 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 5
Article 6 – paragraph 5
Subject to safety constraints, where there is a tarmac delay exceeds, including for less than one hour, the operating air carrier shall provide free of charge access to toilet facilities and drinking water, shall ensure adequate heating or cooling of the passenger cabin, and shall ensure that adequate medical attention is available if needed. Where a tarmac delay reaches a maximum of fivetwo hours, the aircraft shall return to the gate or another suitable disembarkation point where passengers shall be allowed to disembark and to benefit from the same assistance as specified in paragraph 1, unless there are safety-related or security- related reasons why the aircraft cannot leave its position on the tarmac.'
Amendment 356 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 261/2004
Article 6 a – paragraph 1 – introductory part
Article 6 a – paragraph 1 – introductory part
Where a passenger misses a connecting flight as a result of a delay or change of schedule to a preceding flight, the Community air carrier operating the onward connecting flightresponsible for the delay shall offer the passenger:
Amendment 371 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 261/2004
Article 6 a – paragraph 2
Article 6 a – paragraph 2
Where a passenger misses a connecting flight as a result of a delay to a preceding connecting flight, the passenger shall have a right to compensation by the Community air carrier operating that preceding flight in accordance with Article 6(2). For these purposes, the delay shall be calculated by reference to the scheduled time of arrival at the final destinationairport where the connection was to have been made.
Amendment 405 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 261/2004
Article 8 – paragraph 5
Article 8 – paragraph 5
Where passengers choose the option referred to in paragraph 1(b), they shall, subject to availability, have the right to re- routing via another air carrier or another mode of transport where the operating air carrier cannot transport the passenger on its own services and in time to arrive at the final destination within 12 hours of the scheduled arrival time. This shall apply where comparable alternative modes of transport are available. Notwithstanding Article 22(1) of Regulation (EC) No 1008/200823, the other air carrier or other transport operator shall not charge the contracting carrier a price that goes beyond the average price paid by its own passengers for equivalent services in the last three months. __________________ 23 OJ L 293, 31.10.2008, p. 3.
Amendment 419 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Regulation (EC) No 261/2004
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 438 #
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 reduced mobility or any person accompanying him/her, an unaccompanied child, a pregnant woman or a person in need of specific medical assistanceor any other person with particular needs such as an unaccompanied child, a pregnant woman, a disabled person or a person with specific health-related needs, on condition the operating 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.'. 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.
Amendment 456 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 261/2004
Article 14 – paragraph 4
Article 14 – paragraph 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. IOn the basis of the information received, it shall also ensure that passengers present at the airport are informed about the cancellation of their flight and about their rights in case the airline unexpectedly ceases operations as in the case of insolvency or revocation of its operating licence.
Amendment 510 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16b – paragraph 3 a (new)
Article 16b – paragraph 3 a (new)
In Article 16b, the following paragraph shall be inserted: 3a. The European Commission shall be responsible for defining and supplementing the list of extraordinary circumstances contained in the Annex, in accordance with the procedure referred to in Article 16c.
Amendment 571 #
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, such as the identification of a defect after the aircraft has been released to service and which prevents the normalsafe continuation of the operation; or a hidden manufacturing defect revealed by the manufacturer or a competent authority and which impinges on flight safety;
Amendment 584 #
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – paragraph 1 – point vii a (new)
Annex 1 – paragraph 1 – point vii a (new)
In Annex 1, paragraph 1, the following point shall be inserted: vii a. damage to the aircraft caused by third parties;
Amendment 585 #
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – paragraph 1 – point vii b (new)
Annex 1 – paragraph 1 – point vii b (new)
In Annex 1, paragraph 1, the following point shall be inserted: vii b. flight delays/cancellations caused by passengers;
Amendment 586 #
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – paragraph 1 – point vii c (new)
Annex 1 – paragraph 1 – point vii c (new)
In Annex 1, paragraph 1, the following point shall be inserted: vii c. bird strike;
Amendment 587 #
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – paragraph 1 – point vii d (new)
Annex 1 – paragraph 1 – point vii d (new)
In Annex 1, paragraph 1, the following point shall be inserted: vii d. closure of the runway by the authorities;