[ParlTrack]

Proposal for a regulation
Recital 3

(3) In order to increase legal certainty for air carriers and passengers, a more precise definition of the concept of ‘extraordinary circumstances’ is needed, which takes into account the judgement of the European Court of Justice in the case C-549/07 (Wallentin-Hermann). Such a definition should be further clarified via a non- exhaustive list of circumstances that are clearly identified as extraordinary or not. The Commission should adopt a non- exhaustive list of extraordinary circumstances by delegated act, taking into account the work of the National Enforcement Bodies.

2013/10/09
Committee: TRAN

Corien WORTMANN-KOOL

Proposal for a regulation
Recital 11

(11) Regulation (EC) No 261/2004 should explicitly include the right to compensation for passengers suffering long delays, in line with the judgement of the European Court of Justice in the Joined cases C-402/07 and C-432/07 (Sturgeon). At the same time, the thresholds above which delays give rise to a right to compensation should be increased to interalia take account of the financial impact on the sector and to avoid any increase in the frequency of cancellations as a consequence. To ensure that citizens travelling within the EU face homogenous conditions for compensation, the threshold should be the same for all travel within the Union, but it should depend upon the journey distance for travel to and from third countries to take into account the operational difficulties encountered by air carriers to deal with delays on remote airports.

2013/10/09
Committee: TRAN

Corien WORTMANN-KOOL

Proposal for a regulation
Recital 26 a (new)

(26 a) In order to supplement this Regulation with the non-exhaustive list of extraordinary circumstances, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission with a view to clarify circumstances that are clearly identified as extraordinary or not. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work and takes into account the work of the National Enforcement Bodies. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

2013/10/09
Committee: TRAN

Corien WORTMANN-KOOL

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e

Regulation (EC) No 261/2004
Article 2 – point m

“"extraordinary circumstances”" means circumstances which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control. For the purposes of this Regulation, extraordinary circumstances shall include the circumstances set out in the Annex;. Moreover, by means of delegated act in accordance with article 16e, the non-exhaustive list of circumstances considered as extraordinary circumstances resulting from the work of the National Enforcement Bodies shall be set out in detail.

2013/10/09
Committee: TRAN

Corien WORTMANN-KOOL

Proposal for a regulation
Article 1 – paragraph 1 – point 5

Regulation (EC) No 261/2004
Article 6 – paragraph 1 – point ii

when the delay is of at least five hours and includes ~~one or several night~~night-time hours, the assistance specified in Article 9(1)(b) and 9(1)(c); and

2013/10/09
Committee: TRAN

Corien WORTMANN-KOOL

Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b

Regulation (EC) No 261/2004
Article 9 – paragraph 4

If the operating air carrier can prove that the cancellation, delay or change of schedule is caused by extraordinary circumstances and that the cancellation, delay or change of schedule could not have been avoided even if all reasonable measures had been taken, it may limit the total cost of accommodation provided according to paragraph 1(b) to EUR 100 per night and per passenger and to a maximum of 3 nights. ~~If the operating air carrier chooses to apply this limitation, it~~Contingency plans for situations of multiple cancellations or many flight delays or other extraordinary circumstances shall necover the~~less provide the passengers with information about available accommodation after the three nights, in addition to the continued obligations for information specified in Article 14~~ cost of accommodation of passengers as well. A fair share of burden sharing shall be made explicit. All relevant parties in the travel supply chain like the airport managing body and the air navigation service providers, shall be included.

2013/10/09
Committee: TRAN

Corien WORTMANN-KOOL

Proposal for a regulation
Article 1 – paragraph 1 – point 15 a (new)

Regulation (EC) No 261/2004
Article 16c a (new)

(15 a) The following Article shall be inserted: “Article 16c a Delegated acts The Commission shall be empowered to adopt delegated acts in accordance with Article 16e with a view to set out in detail the non-exhaustive list of circumstances considered as extraordinary circumstances resulting from the work of the National Enforcement Bodies.”

2013/10/09
Committee: TRAN

Corien WORTMANN-KOOL

Proposal for a regulation
Article 1 – paragraph 1 – point 15 b (new)

Regulation (EC) No 261/2004
Article 16e (new)

(15 b) The following Article shall be inserted: “Article 16c b Exercise of delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 16d shall be conferred on the Commission for a period of five years from [the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of powers referred to in Article 16d may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.” 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 16 shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

2013/10/09
Committee: TRAN

Corien WORTMANN-KOOL

Proposal for a regulation
Annex 1

The following circumstances shall be considered as extraordinary and shall be further set out by means of delegated act in accordance with Article 16e:

2013/10/09
Committee: TRAN

Corien WORTMANN-KOOL

Proposal for a regulation
Annex 1Regulation (EC) No 261/2004

Annex 1 – paragraph 1 – point ii

technical problems of the aircraft which are not inherent in the normal operation of the aircraft, such as the identification of a defect during the flight operation concerned and which prevents the normal continuation of the operation; or a hidden manufacturing defect revealed by the manufacturer or a competent authority and which impinges on flight safety;

2013/10/09
Committee: TRAN

10 Amendments of Corien WORTMANN-KOOL related to 2013/0072(COD)

ParlTrack - 2011-2024