BETA

Activities of Eva LICHTENBERGER 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)
2016/11/22
Dossiers: 2013/0072(COD)
Compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (debate)
2016/11/22
Dossiers: 2013/0072(COD)

Legal basis opinions (0)

Amendments (25)

Amendment 108 #
Proposal for a regulation
Recital 2 a (new)
(2a) Air transport services are services, prepaid by the passenger, and directly or indirectly subsidised by the tax-payer. Flight tickets should therefore be considered as "result contracts", where the airlines guarantee to fulfil the obligations of the contract with the utmost care.
2013/10/09
Committee: TRAN
Amendment 129 #
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 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. (Regulation 261/2004/EC, Recital 11)
2013/10/09
Committee: TRAN
Amendment 134 #
Proposal for a regulation
Recital 11 a (new)
(11 a) Compensation for delays should depend on scheduled short, medium and long flights and take into account the passenger's lost time and inconvenience caused by the delay.
2013/10/09
Committee: TRAN
Amendment 139 #
Proposal for a regulation
Recital 16
(16) Air carriers currently face unlimited liability for the accommodation of their passengers in the case of extraordinary circumstances of long duration. This uncertainty linked with the absence of any foreseeable limit in time may risk endangering a carrier's financial stability. An air carrier should therefore be able to limit the provision of care after a certain duration of time. Moreover, contingency planning and speedy rerouting should lessen the risk of passengers being stranded for long periods.deleted
2013/10/09
Committee: TRAN
Amendment 141 #
Proposal for a regulation
Recital 17
(17) The implementation of certain passenger rights, in particular the right to accommodation, has been shown to be out of proportion to air carriers' revenues for certain small-scale operations. Flights performed by small aircraft on short distances should therefore be exempted from the obligation to pay for accommodation, although the carrier should still help the passenger to find such accommodation.deleted
2013/10/09
Committee: TRAN
Amendment 146 #
Proposal for a regulation
Recital 18 a (new)
(18 a) The service providers should ensure that PRMs and people with disabilities have the right at all times to use safety-approved respiratory devices on aircraft free of charge. The Commission should draw up a list of approved medical oxygen equipment in cooperation with the industry and organisations representing people with disabilities and PRMS, taking due account of safety requirements.
2013/10/09
Committee: TRAN
Amendment 152 #
Proposal for a regulation
Recital 22
(22) Passengers should be adequately informed about the relevant procedures for submitting claims and complaints to air carriers and should receive a reply within a reasonable time period. Passengers should also have the option to complain about air carriers via out-of-court measures. Member States should provide for well equipped- mediation, where a conflict between the passenger and the airline could be solved. However, since the right to an effective remedy before a tribunal is a fundamental right recognised in Article 47 of the Charter of Fundamental Rights of the European Union, those measures should neither prevent nor hinder passengers' access to courts.
2013/10/09
Committee: TRAN
Amendment 153 #
Proposal for a regulation
Recital 22 a (new)
(22 a) If an airport whose annual traffic has more than two million passengers is located within the territorial jurisdiction of the court, competent to deal with a claim founded on this Regulation, the Member State should ensure that the passenger is provided free of charge with assistance of a translator, if necessary, and in case of an oral hearing, an interpreter, in order to initiate the proceedings and participate in it.
2013/10/09
Committee: TRAN
Amendment 165 #
Proposal for a regulation
Recital 29
(29) Musical instruments should as far as possible be accepted as baggage within the passenger cabin and, where this is not possible, should where possible be carried under the appropriate conditions in the cargo compartment of the aircraft. Regulation (EC) No 2027/97 should be amended accordingly.
2013/10/09
Committee: TRAN
Amendment 214 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e
Regulation (EC) No 261/2004/EC
Article 2 – point s
' ticket price' means the full price paid for a ticket andublished in advance and fixing the final amount to be paid, including the air fare, and all applicable taxes, charges, surcharges and fees paid for all optional and non-optional services included in the ticket;
2013/10/09
Committee: TRAN
Amendment 303 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 2 – point a
five hours or more after the scheduled or a short flight where an alternatimve of arrival for all intra-Community journeys and for journeys to/from third countries of 3500 kilometres or lesstravel for the same destination by train, bus or waterway transport of not more than five hours is scheduled;
2013/10/09
Committee: TRAN
Amendment 314 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 2 – point b
nine hours or more after the scheduled time of arrival for journeys to/from third countries between 3500 and 6000 kilometres;for a medium flight scheduled with a flight time of not more than five hours and where there is no alternative scheduled travel as described in this Article under (a)
2013/10/09
Committee: TRAN
Amendment 324 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 2 – point c
twelve hours or more after thefor a long flight with a scheduled flight time of arrival for journeys to/from third countries of 6000 kilometres or moremore than five hours.
2013/10/09
Committee: TRAN
Amendment 331 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 2 a (new)</
In Article 6(2) the following paragraph shall be inserted: (a) An intermodal ticket shall entirely fall under the compensation rules of this Regulation.
2013/10/09
Committee: TRAN
Amendment 384 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b – introductory part
Regulation (EC) No 261/2004
Article 7 – paragraph 1 – point b
(b) Paragraphs 2, 3 and 4 are replaced by the following: for all flights 60,- € for one hour delay and 10,- € for each further 10 minutes delay; for medium flights 200,- € and for long flights 300,- € in addition, to compensate passenger's inconvenience shall be reimbursed; in case of extraordinary circumstances, at least 25% of the ticket price for hour delay and 50 % for two hours shall be paid.
2013/10/09
Committee: TRAN
Amendment 427 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Regulation (EC) No 261/2004
Article 9 – paragraph 5
The obligation to offer accommodation under paragraph 1(b) shall not apply where the flight concerned is of 250 km or less and scheduled to be operated by an aircraft with a maximum capacity of 80 seats or less, except where the flight is a connecting flight. If the operating air carrier chooses to apply this exemption, it shall nevertheless provide the passengers with information about available accommodation.deleted
2013/10/09
Committee: TRAN
Amendment 454 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Regulation (EC) No 261/2004
Article 14 – paragraph 3
In respect of blind and visually impaired persons, the provisions of this Article shall be applied using appropriate alternative means and in the appropriate formats.
2013/10/09
Committee: TRAN
Amendment 466 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
In Article 14, the following paragraph shall be inserted: 7a. The service provider shall provide easy access to accurate and objective information detailing the environmental (including climate) impact and energy efficiency of their travel, which must be clearly visible both on the websites of air carriers, tour operators and on tickets themselves; the Commission shall support on-going work in this direction.
2013/10/09
Committee: TRAN
Amendment 469 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Regulation (EC) No 261/2004
Article 16 a (new)
The following Article 16a shall be inserted: The Member States shall provide for well- equipped, free of charge and independent mediation bodies to assist in finding solutions in case of conflicts between the passengers and the airlines and service providers of other transport modes.
2013/10/09
Committee: TRAN
Amendment 493 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16a – paragraph 3
In accordance with relevant EU and national law, each Member State shall designate a national body or bodies, such as well-equipped, free of charge and independent mediation bodies, responsible for the out-of-court resolution of disputes between air carriers and passengers with regard to the rights covered by this Regulation.
2013/10/09
Committee: TRAN
Amendment 561 #
Proposal for a regulation
Annex 1
Regulation (EC) No 261/2004/EC
Annex 1 – paragraph 1 – introductory part
The following cCircumstances shall be considered as extraordinary if they could not have been avoided even if all reasonable measures had been taken, namely circumstances beyond the actual control of the air carrier:
2013/10/09
Committee: TRAN
Amendment 563 #
Proposal for a regulation
Annex 1
Regulation (EC) No 261/2004
Annex I – 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 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;deleted
2013/10/09
Committee: TRAN
Amendment 580 #
Proposal for a regulation
Annex 1
Regulation (EC) No 261/2004
Annex 1 – paragraph 1 – point v
air traffic management restrictions or closure of airspace or an airport;deleted
2013/10/09
Committee: TRAN
Amendment 588 #
Proposal for a regulation
Annex 1
Regulation (EC) No 261/2004
Annex 1 – paragraph 2
The following circumstances shall not be considered as extraordinary: i. technical problems inherent in the normal operation of the aircraft, such as a problem identified during the routine maintenance or during the pre-flight check of the aircraft or which arises due to failure to correctly carry out such maintenance or pre-flight check; and ii. unavailability of flight crew or cabin crew (unless caused by labour disputes).deleted
2013/10/09
Committee: TRAN
Amendment 596 #
Proposal for a regulation
Annex 2
Regulation (EC) No 2027/97
Annex 2
TIME LIMIT FOR COMPLAINTS ON BAGGAGE If the baggage is damaged, delayed, lost or destroyed, the passenger must in all cases write and complain to the air carrier as soon as possible. A time limit to complain of 714 days applies in case the baggage was damaged and 218 days in case it was delayed, in both cases from the date on which the baggage was placed at the passenger's disposal. In order to easily meet these deadlines, the air carrier must offer passengers the possibility to fill in a complaint form at the airport. At airports of more than 2 million passengers a year the complaint form shall be available in other EU languages. Such complaint form, which may also take the form of a Property Irregularity Report (PIR), must be accepted by the air carrier at the airport as a complaint.
2013/10/09
Committee: TRAN