14 Amendments of Bogusław LIBERADZKI related to 2013/0072(COD)
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 192 #
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
Amendment 236 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Without prejudice to Article 8(6), this RegulationArticle 6a shall only apply to passengers transported by motorised fixed wing aircraft. 'However, where a part of the journey is carried out, in accordance with a single contract of carriage and on the basis of a single reservation, by another mode of transport or by helicopter, this Regulation shall apply for the whole journey and the part of the journey carried out by another mode of transport shall be considered as a connecting flight for the purposes of this Regulation.if it was so indicated in the contract of carriage'
Amendment 251 #
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 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 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 549 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 2027/97
Article 6d – paragraph 2
Article 6d – paragraph 2
Amendment 569 #
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 concernedsuch 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 590 #
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