27 Amendments of Michael GAHLER related to 2013/0072(COD)
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 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 184 #
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.’ __________________ 22 OJ L 204, 26.7.2006, p. 1.
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 205 #
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 a single booking reference, is intended to enable the passenger to arrive at a transfer point in order to depart on another flight, or, where appropriate in the context, means that other flight departing from the transfer point.
Amendment 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 253 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation (EC) No 261/2004
Article 4 – paragraph 4
Article 4 – paragraph 4
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 288 #
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 a (new)
Article 5 – paragraph 5 a (new)
In Article 5(5) the following paragraph shall be inserted: 5a. While airlines may not shirk their obligations under this Regulation, the contingency plan provided for in paragraph 5 shall be drawn up so as to indicate, where necessary, who is responsible for ensuring the provision of adequate information and assistance to stranded passengers.
Amendment 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 341 #
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 delays to which are proven by the airline to have been caused directly by the extraordinary circumstances in question.
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 364 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
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 372 #
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 3
Article 6 a – paragraph 3
Amendment 374 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Paragraphs 1 and 2 applypplies also to third country air carriers operating a connecting flight to or from an EU airport.
Amendment 375 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Regulation (EC) No 261/2004
Article 7 – paragraph 1
Article 7 – paragraph 1
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 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 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;