Activities of Bogdan Kazimierz MARCINKIEWICZ related to 2013/0072(COD)
Plenary speeches (1)
Compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (debate)
Amendments (23)
Amendment 155 #
Proposal for a regulation
Recital 23
Recital 23
(23) In case C-139/11 (Moré vs KLM), the European Court of Justice clarified that the time-limits for bringing actions for compensation are determined in accordance with the national rules of each Member State. However, the significant differences in the time-limits laid down by the Member States mean that a single term should be established, following the example of the Montreal Convention.
Amendment 185 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point d
Article 1 – paragraph 1 – point 1 – point d
Regulation (EC) No 261/2004
Article 2 – point 1
Article 2 – point 1
Amendment 217 #
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 s
Article 2 – point s
Amendment 264 #
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 5
Article 4 – paragraph 5
Where the passenger, or an intermediary acting on behalf of the passenger, reports aone or more spelling mistakes in the name of one or severalmore passengers included in the same contract of carriage that may lead to a denial of boarding, the air carrier shall correct thie errors at least once up until 48 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 law.'
Amendment 271 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Regulation (EC) No 261/2004
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
(4a) The following paragraph 1a is added: ‘1a. If as a result of a change in the schedule by the operating air carrier a flight is cancelled, brought forward or delayed to a later time or date, passengers should be entitled to care and compensation in accordance with Article 5’;
Amendment 273 #
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 ifdespite taking all reasonable measures had been taken. Such extraordinary circumstances can only be invoked insofar they affect the flight concernedin the case of a technical failure of the aircraft intended to operate a given flight can only be invoked when those circumstances occurred just prior to or on the flight in question, or on the previous flight operated by the same aircraftflight immediately prior to that flight, in so far as they affect the flight in question.
Amendment 301 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
Passengers shall have a right to compensation from the operating air carrier in accordance with Article 7 where the passenger arrive’s journey ends at itsthe final destination:
Amendment 337 #
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 the previous flight operated by the same aircrafttwo conditions laid down in Article 5(3) have been fulfilled.
Amendment 345 #
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 a tarmac delay exceeds 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 fivthree 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 389 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EC) No 261/2004
Article 7 – paragraph 3
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, or, with the agreement of the passenger, in the form of vouchers or other services.
Amendment 397 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EC) No 261/2004
Article 7 – paragraph 5
Article 7 – paragraph 5
The air carrier may reach a voluntary agreement with the passenger that replaces the compensation provisions set out in paragraph 1, provided that this agreement is confirmed by a document signed by the passenger which remindsand that the passenger has been informed of his rights to compensation under this Regulation.'
Amendment 398 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EC) No 261/2004
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
The burden of proof as to when and how the passenger has accepted the form of payment of compensation or of reimbursement of ticket costs set out in Article 7(3), as well as when and whether the passenger has accepted the agreement referred to in paragraph 5, shall rest with the operating air carrier.
Amendment 425 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Regulation (EC) No 261/2004
Article 9 – paragraph 4
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 shall nevertheless provide the passengers with information about available accommodation after the three nights, in addition to the continued obligations for information specified in Article 14. This provision shall not apply with regard to the extraordinary circumstances referred to in point 1(ii) of the Annex.
Amendment 434 #
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 a disability, 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 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.
Amendment 453 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 261/2004
Article 14 – paragraph 2
Article 14 – paragraph 2
An operating air carrier denying boarding or cancelling a flight shall provide each passenger affected with a written notice setting out the rules for compensation and assistance in line with this Regulation, including information on possible limitations pursuant to Articles 9(4) and 9(5). It shall also provide each passenger affected by a delay or a change of schedule of at least two hours with an equivalent notice. The address of the carrier to which complaints may be submitted and the contact details of the competent complaint handling bodies designated under Article 16a shall also be given to the passenger in written form.
Amendment 464 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 261/2004
Article 14 – paragraph 7 a (new)
Article 14 – paragraph 7 a (new)
In Article 14, the following paragraph shall be inserted: 7a. The airport managing body and the operating air carrier shall ensure that information on delayed, early and cancelled flights, as well as on the causes of irregularities during transport – provided that such a cause can be ascertained in a manner that does not raise concerns – is published and retained for two years on their Internet sites.
Amendment 474 #
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 account of the information submitted to it by the body designated under Article 16a. It may also decide on enforcement actions based onto impose penalties for the failure to fulfil the obligations set out by the body designated under Article 16a on the basis of individual complaints transmitted by theat body designated under Article 16a.
Amendment 502 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
In Article 16a, the following paragraph shall be inserted: 5a. Should a complaint be received regarding an incident at an airport in another Member State or involving a flight originating in a third country with a destination in another Member State, the body shall transmit the complaint in accordance with its competence to the body in that Member State.
Amendment 503 #
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. Claims under this Regulation shall be time-barred after one year has elapsed from the date of transport, or, if no transport service was performed, from the date when it was scheduled to be performed.
Amendment 508 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16b – paragraph 2
Article 16b – paragraph 2
Member States shall provide annually a report on their activities to the Commission, at the latest at the end of April of the following calendar year. The Commission may decide on the issues to be addressed in these reports via implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 16c.
Amendment 528 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 2027/97
Article 6b – paragraph 1
Article 6b – paragraph 1
Amendment 529 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 2027/97
Article 6b – paragraph 2
Article 6b – paragraph 2
Amendment 565 #
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 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 safetyffect the operation of the aircraft, caused by natural disasters, sabotage, terrorism, meteorological conditions, collision with a foreign body; or a hidden manufacturing defect revealed by the manufacturer or a competent authority, or a defect that arose during the flight for reasons other than those referred to in point 2(i), if such a defect impinges on flight safety and renders normal continuation of the flight impossible;