BETA

Activities of Jacqueline FOSTER related to 2013/0072(COD)

Plenary speeches (1)

2016/11/22
Dossiers: 2013/0072(COD)

Shadow reports (1)

2016/11/22
Committee: TRAN
Dossiers: 2013/0072(COD)
Documents: PDF(921 KB) DOC(1 MB)

Amendments (63)

Jacqueline FOSTER

Proposal for a regulation
Recital 4

(4) In the case C-173/07 (Emirates), the European Court of Justice held that the concept of ‘'flight’' within the meaning of Regulation No 261/2004 must be interpreted as consisting essentially of an air transport operation, as a ‘unit’ of such transport, performed by an air carrier which fixes its itinerary. In order to avoid uncertainty, a clear definition of a ‘flight’ ~~should now be provided, as well as for the associated notions of ‘connecting flight’ and ‘journey’~~and "connecting flight" should now be provided.

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Recital 7

~~(7) In order to improve levels of protection, passengers should not be denied boarding on the return journey of a two-way (return) ticket because they have not taken the outward journey.~~deleted

2013/10/09
Committee: TRAN

Jacqueline FOSTER

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. T~~o ensure that citizens travelling within the EU face homogeneous conditions for compensation, the threshold should be the same for all travel within the Union, but it~~ he threshold 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

Jacqueline FOSTER

Proposal for a regulation
Recital 13

(13) Passengers missing a connecting flight should be properly cared for while waiting for rerouting. In line with the principle of equal treatment, such passengers should be able to claim compensation on a similar basis to passengers whose flights are delayed or cancelled in light of the delay upon reaching the final destination of their journey.

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Recital 18

(18) For ~~disabled persons,~~ persons with reduced mobility ~~and other persons with special needs such as unaccompanied children, pregnant women and persons in need of specific medical attention,~~ it may be more difficult to arrange accommodation 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 passenger.

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Recital 27

(27) In order to ensure that the damage to or loss of mobility equipment is compensated to its full value, air carriers should offer free of charge to persons with reduced mobility the opportunity to make a special declaration of interest, which pursuant to the Montreal Convention, allows them to seek full compensation for loss or damage.deleted

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Recital 28

(28) Passengers are sometimes confused about the baggage they are allowed to take on board, in terms of dimensions, weight or number of items. In order to ensure that passengers are fully aware of the baggage allowances included in their ticket, both for cabin and hold baggage, air carriers should clearly indicate these allowances at booking and at the airport.deleted

2013/10/09
Committee: TRAN

Jacqueline FOSTER

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.deleted

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Recital 30

(30) In order to ensure the correct and consistent application of the rights conferred to passengers by Regulation (EC) No 2027/97, the National Enforcement Bodies designated under Regulation (EC) No 261/2004 should also monitor and enforce the rights under Regulation (EC) No 2027/97.deleted

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Recital 31

(31) Given the short deadlines for the submission of complaints for lost, damaged or delayed baggage, air carriers should give passengers the possibility to submit a complaint by providing a complaint form at the airport. This could also take the form of the common Property Irregularity Report (PIR).deleted

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Recital 32

(32) Article 3(2) of Regulation (EC) No 2027/9719 has become obsolete as insurance matters are now regulated by Regulation (EC) No 785/2004. It should accordingly be deleted. __________________ 19 Regulation (EC) No 2027/97 of the Council of 9 October 1997 on air carrier liability in respect of the carriage of passengers and their baggage by air, OJ L 285, 17.10.1997, p.1p as modified by Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002, OJ L 140, 30.5.2002, p.2deleted

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Recital 33

(33) It is necessary that the monetary limits expressed in Regulation (EC) No 2027/97 should be amended in order to take into account economic developments, as reviewed by the International Civil Aviation Organization (ICAO) in 2009 pursuant to Article 24(2) of the Montreal Convention.deleted

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Recital 34

(34) In order to ensure the continued correspondence between Regulation (EC) No 2027/97 and the Montreal Convention, 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. This power will allow the Commission to amend the monetary limits expressed in Regulation (EC) No 2027/97 in case they are adapted by the International Civil Aviation Organization (ICAO) pursuant to Article 24(2) of the Montreal Convention.deleted

2013/10/09
Committee: TRAN

Jacqueline FOSTER

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

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

A flight where the aircraft took off but, for whatever reason, was subsequently forced to land at an airport other than the airport of destination or to return to the airport of departure, shall be considered a cancelled flight.deleted

2013/10/09
Committee: TRAN

Jacqueline FOSTER

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~~" is an event that is beyond the actual control of the air carrier. For the purposes of this Regulation, extraordinary circumstances shall include but not be limited to the circumstances set out in ~~the~~ Annex; 1.

2013/10/09
Committee: TRAN

Jacqueline FOSTER

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

“"connecting flight”" means a feeder flight which, ~~under a singl~~according to a same 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, unless this is a situation of a stopover.

2013/10/09
Committee: TRAN

Jacqueline FOSTER

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

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

~~“journey” means a flight or a continued series of connecting flights transporting the passenger from an airport of departure to his final destination in accordance with the contract of carriage;~~deleted

2013/10/09
Committee: TRAN

Jacqueline FOSTER

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

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

' "ticket price'" means the full price paid for a ticket and including the air fare, ~~and~~ all applicable taxes, charges, surcharges and fees paid for all optional and non-optional services included in the ticket; related to the air transport part of the journey.

2013/10/09
Committee: TRAN

Jacqueline FOSTER

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

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

“"flight price”" means the value obtained by multiplying the ticket price by the ratio between the distance of the flight and the total distance of the journey(s) covered by the ticket; where a ticket price is not known, the value of any refund will be the supplement paid for a premium seat on the flight.

2013/10/09
Committee: TRAN

Jacqueline FOSTER

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

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

“"tarmac delay”" means, at departure, the time the aircraft remains on the ground between the ~~start of boarding of the passengers~~time the doors are closed and the take-off time of the aircraft or, at arrival, the time between the touch-down of the aircraft and the start of disembarkation of the passengers;.

2013/10/09
Committee: TRAN

Jacqueline FOSTER

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

Regulation (EC) No 261/2004
Article 2 – point y a (new</

In Article 2, the following point shall be inserted: ‘(ya) "stopover" means a voluntary interruption of the ongoing contract of transport organised by the passenger as it appears on the ticket.’

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b

Regulation (EC) No 261/2004
Article 3 – paragraph 4

Without prejudice to Article 8(6), this Regulation 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 contract of carriage, 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.

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c

Regulation (EC) No 261/2004
Article 3 – paragraph 6

This Regulation shall also apply to passengers transported by air according to package travel contracts but shall not affect the rights of passengers under Council Directive 90/314/EEC. The passenger shall be entitled to present claims under this Regulation ~~and~~or under Council Directive 90/314/EEC, but may not in relation to the same facts cumulate rights under both legal acts if the rights safeguard the same interest or have the same objective. This Regulation shall not apply in cases where a package tour is cancelled or delayed for reasons other than cancellation or delay of the flight. This Regulation shall not affect the rights of passengers under Directive 90/314/EEC.

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a

Regulation (EC) No 261/2004
Article 4 – paragraph 3

If boarding is denied to passengers against their will, the operating air carrier shall ~~immediately~~ compensate them in accordance with Article 7 and assist them in accordance with Article 8. Where the passenger opts for rerouting at the earliest opportunity pursuant to Article 8(1)(b) and where the departure time is at least two hours after the initial departure time, the operating carrier shall assist the passenger in accordance with Article 9.

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b

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

PUnless airlines clearly inform passengers at the time of booking, paragraphs 1, 2 and 3 shall also apply to return tickets where the passenger is denied boarding at the return journey on the grounds that he/she did not take the outward journey or did not pay an additional ~~charg~~price for this purpose.

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b

Regulation (EC) No 261/2004
Article 4 – paragraph 5

Where the passenger, or an intermediary acting on behalf of the passenger, reports a spelling mistake in the name of one or several passengers included in the same contract of carriage that may lead to a denial of boarding, the air carrier shall correct this ~~at least~~ once up until 4896 hours before departure without any additional charge to the passenger or the intermediary, except where it is prevented from doing so by national or international security law.

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b

Regulation (EC) No 261/2004
Article 4 – paragraph 5 a (new)

In Article 4(5), the following paragraph shall be inserted: 5a. Paragraphs 1, 2 and 3 shall also apply where the passenger misses the flight because: – the flight took off before the scheduled departure time, the passenger having arrived on time at the airport in accordance with Article 3(2); or – the scheduled time of departure of the flight was brought forward and the passenger was not informed of this at least 24 hours in advance. The burden of proving that the passenger was informed in due time of the change of the scheduled time of departure shall rest with the operating air carrier, provided that the booking was made directly with the carrier.

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a

Regulation (EC) No 261/2004
Article 5 – paragraph 1 – point b

be offered by the operating air carrier in the event of re-routing when the reasonably expected time of departure of the flight is at least 23 hours after the planned departure of the cancelled flight, the care specified in Article 9 ~~and.~~where physically possible. The airline need not provide such care where this would lead to further delay of the flight;

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b

Regulation (EC) No 261/2004
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 in so far they affect the flight concerned or the previous flight operated by the same aircraft.~~

2013/10/09
Committee: TRAN

Jacqueline FOSTER

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

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

when the delay is of at least ~~two~~3 hours, the assistance specified in Article 9(1)(a) and 9(2) where physically possible. The airline need not provide such care where this would lead to further delay of the flight; and

2013/10/09
Committee: TRAN

Jacqueline FOSTER

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 time of arrival for ~~all intra-Community journeys and for journeys to/from third countries of 3~~journeys of 1500 kilometres or less;

2013/10/09
Committee: TRAN

Jacqueline FOSTER

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 31500 and 603500 kilometres;

2013/10/09
Committee: TRAN

Jacqueline FOSTER

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 the scheduled time ofr arrival for journeys ~~to/from third countries of 6000 kilometres or more~~not falling under (a) or (b).

2013/10/09
Committee: TRAN

Jacqueline FOSTER

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

Regulation (EC) No 261/2004
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~~cancellation is caused by extraordinary circumstances and that the ~~delay or change of schedule~~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 the previous flight operated by the same aircraft.~~

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Regulation (EC) No 261/2004
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 flight~~responsible for the delay shall offer the passenger:

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Regulation (EC) No 261/2004
Article 6 a – paragraph 2

Where a passenger misses a connecting flight as a result of a delay to a preceding ~~connecting~~feeder flight, the passenger shall have a right to compensation by the Community air carrier operating that preceding feeder flight in accordance with Article 6(2). ~~For these purposes, the delay shall be calculated by reference to the scheduled time of~~Any compensation will be restricted to the delay experienced on that preceding connecting flight only, and not include any further delay experienced in arrival at the final destination.

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Regulation (EC) No 261/2004
Article 6 a – paragraph 4

~~Paragraphs 1 and 2 apply also to third country air carriers operating a connecting flight to or from an EU airport.~~deleted

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a

Regulation (EC) No 261/2004
Article 7 – paragraph 1

(a) In Paragraph 1~~, the word ‘flights’~~ is replaced by ~~‘journeys’.~~the following:

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a a (new)

Regulation (EC) No 261/2004
Article 7 – paragraph 1 – point a

(a a) EUR 250 or the full ticket price wherever the latter is lower for all journeys of 1 500 kilometres or less;

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a b (new)

Regulation (EC) No 261/2004
Article 7 – paragraph 1 – point b

(a b) EUR 400 or the full ticket price wherever the latter is lower for all intra- Community journeys of more than 1 500 kilometres, and for all other journeys between 1 500 and 3 500 kilometres;

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a c (new)

Regulation (EC) No 261/2004
Article 7 – paragraph 1 – point c

(a c) EUR 600 or the full ticket price wherever the latter is lower for all journeys not falling under (a) or (b). In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time.

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b

Regulation (EC) No 261/2004
Article 7 – paragraph 3

The compensation referred to in paragraph 1 shall be paid ~~in cash,~~ by electronic bank transfer, bank orders or bank cheques.

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1 – point 8

Regulation (EC) No 261/2004
Article 8 – paragraph 1 – point a

reimbursement within seven working days of the passenger's request, by the means provided for in Article 7(3), of the ~~fligh~~ticket price, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant,

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1 – point 8

Regulation (EC) No 261/2004
Article 8 – paragraph 5

Where passengers choose the option referred to in paragraph 1(b), they shall, subject to availability and provided that reasonable and comparable alternatives exist, 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. 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, excluding night as defined in this Regulation. In any case, for the rerouting carrier, the cost for the rerouting shall not exceed twice the flight price related to the ticket originally sold to the lpas~~t three months~~senger. __________________ 23 OJ L293, 31.10.2008, p.3 OJ L293, 31.10.2008, p.3

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1 – point 8

Regulation (EC) No 261/2004
Article 8 – paragraph 6

WThe~~never~~ passenger~~s are offered, pursuant to paragraph 1, a total or partial~~ may himself organise his own re-routing and claim reimbursement of the corresponding costs if the operating air carrier fails to offer the choice of re- routing ~~by another mode of transport, this Regulation shall apply to the transport carried out by that other mode of transport as if it were carried out by fixed wing aircraf~~under point (b) of paragraph 1. The passenger shall make reasonable efforts to contact the airline before organising his own re-routing and shall organise transport in a comparable class and at a reasonable cost.

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a a (new)

Regulation (EC) No 261/2004
Article 9 – paragraph 2

(aa) In addition, passengers shall be offered free of charge two telephone calls, fax messages, or e-mails.

2013/10/09
Committee: TRAN

Jacqueline FOSTER

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 then may limit the total ~~cost~~duration 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 shall nevertheless provide the passengers with information about available accommodation after the ~~three~~3 nights, in addition to the continued obligations for information specified in Article 14.

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1 – point 11

Regulation (EC) No 261/2004
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, or an unaccompanied child~~, a pregnant woman or a person in need of specific medical assistance,~~ on condition the 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.

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1 – point 13

Regulation (EC) No 261/2004
Article 14 – paragraph 1

The airport managing body and the operating air carrier shall ensure that at the check-in desks (including at self-service check-in machines) and at the boarding gate, a clearly legible notice containing the following text is displayed in a manner clearly visible to passengers: “"If you are denied boarding or if your flight is cancelled or delayed for at least two hours or if the schedule time of departure of your flight had been put forward by at least two hours related to the initial schedule time indicated on your ticket, ask at the check-in counter or boarding gate for the notice stating your rights, particularly with regard to assistance and possible compensation”".

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1 – point 15

Regulation (EC) No 261/2004
Article 16a – paragraph 1

At the time of reservation, air carriers shall provide information to passengers on their claim and complaint handling processes in relation to the rights set out in this Regulation and on the relevant contact addresses, to which passengers can submit claims and complaints, including via electronic means of transmission. The air carrier shall also inform passengers of the body or bodies competent for handling passenger complaints.deleted

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1 – point 15

Regulation (EC) No 261/2004
Article 16a – paragraph 2

If a passenger wants to make a complaint to the air carrier with regard to his rights under this Regulation, he shall submit it within 3 months from the date on which the flight was performed or was scheduled to be performed. Within 7 working days of receiving the complaint, the carrier shall confirm the receipt of the complaint to the passenger. Within two months of receiving the complaint, the carrier shall provide a full answer to the passenger.

2013/10/09
Committee: TRAN

Jacqueline FOSTER

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 responsible for the out-of-court resolution of disputes between air carriers and passengers with regard to the rights covered by this RegulationMember States shall ensure that disputes between air carriers and passengers with regard to the rights of consumers covered by this Regulation can be submitted to an ADR entity which complies with the requirements set out in Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EG) No 2006/2004 and Directive 2009/22/EC (Official Journal of the European Union, 18.6.2013, L 165/63).

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1 – point 15

Regulation (EC) No 261/2004
Article 16a – paragraph 4

Each passenger may complain to any national body designated under paragraph 3, about an alleged infringement of this Regulation at any airport situated on the territory of a Member State or concerning any flight from a third country to an airport situated on that territory. Such complaints may be submitted at the earliest two months after a complaint was submitted to the concerned carrier unless the carrier has already provided a final reply to such complaint.deleted

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1 – point 15

Regulation (EC) No 261/2004
Article 16a – paragraph 5

Within 7 days of receiving the complaint, the designated body shall confirm receipt of the complaint and shall send a copy to the appropriate National Enforcement Body. The time taken to provide the final reply to the complainant shall not be longer than three months from the receipt of the complaint. A copy of the final reply shall also be provided to the National Enforcement Body.deleted

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1 – point 16

Regulation (EC) No 261/2004
Article 17

The Commission shall report to the European Parliament and the Council by 1 January 2017 on the operation and the results of this Regulation, in particular with regard to the impact of the compensation for long delays and the limitation of accommodation in extraordinary circumstances of long duration. The Commission shall also report on the enhanced protection of air passengers on flights from third countries operated by non-Community carriers, in the context of international air transport agreements. ~~The report shall be accompanied where necessary by legislative proposals.~~

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1 – point 16 a (new)

Regulation (EC) No 261/2004
Article 17 a (new)

(16a) The following Article shall be inserted: 17 a. This regulation should also apply to the Airport of Gibraltar as a British Overseas Territory and an airport within the European Union.

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 2 – paragraph 1

[...] __________________ 25 Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air, OJ L 204, 26.7.2006, p.1deleted

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1

This Regulation shall enter into force ~~on the twentieth day following that of~~90 days after its publication in the Official Journal of the European Union, other than Articles 16 and 16a, which shall enter into force 12 month after is publication.

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Annex 1

Regulation (EC) No 261/2004
Annex 1 – paragraph 1 – introductory part

The following circumstances ~~shall~~may be considered as extraordinary:

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Annex 1

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

technical problems ~~which are not inherent in the normal operation of the aircraft, such as th~~and unexpected flight safety shortcomings which are ide~~ntification of a defect~~tected during ~~the~~a flight o~~peration concerned~~r immediately prior to departure and which prevents the normal continuation of the operation; or a ~~hidden manufacturing defect~~safety issue revealed by the manufacturer or, a competent authority ~~and which impinges on flight safety~~or an air carrier or a maintenance organisation;

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Annex 1

security risks, acts of sabotage ~~or terrorism~~, terrorism or political instability of any kind – where travel is not recommended - rendering impossible the safe operation of the flight;

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Annex 1

Regulation (EC) No 261/2004
Annex 1 – paragraph 2 – introductory part

The following circumstances ~~shall~~may not be considered as extraordinary:

2013/10/09
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Annex 1

Regulation (EC) No 261/2004
Annex 1 – paragraph 2 – point ii

unavailability of flight crew or cabin crew ~~(unless caused by labour disputes)~~.

2013/10/09
Committee: TRAN