BETA

Activities of Georges BACH related to 2013/0072(COD)

Plenary speeches (2)

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

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

Reports (1)

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

Amendments (29)

Proposal for a regulation
Recital 7

(7) In order to improve levels of protection, passengers ~~should~~must not be denied boarding on the return journey of a two-way (return) ticket because they have not taken the outward journey. However, the new provision should not apply where the ticket includes more than the outbound and return ticket and passengers have not used the flights in the agreed sequence as shown in the ticket.

2013/10/09
Committee: TRAN

Proposal for a regulation
Recital 9 b (new)

(9b) For example, the creation of a guarantee fund or a compulsory insurance scheme will enable air carriers to ensure that passengers can be reimbursed or repatriated when their flights are cancelled due to the insolvency of an air carrier or the suspension of an air carrier’s operations due to the revocation of its operating licence.

2013/10/09
Committee: TRAN

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~~an early stage of the booking process, in all distribution channels including computerised reservation systems, and at check-in at the airport. Organisers should inform passengers accordingly.

2013/10/09
Committee: TRAN

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. In order to allow the passengers concerned to assess whether their instrument can be stored in the cabin, air carriers should inform them about the size of storage facilities. Regulation (EC) No 2027/97 should be amended accordingly.

2013/10/09
Committee: TRAN

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

An operating air carrier shall not be obliged to pay compensation in accordance with Article 7 if it can prove that two conditions are fulfilled: – that the cancellation of schedule is caused by extraordinary circumstances, and – that the cancellation or change of schedule could not have been avoided even if all reasonable measures had been correctly 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

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

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

In Article 5(5) the following paragraph shall be inserted: 5b. Air carriers shall develop and put in place detailed procedures which allow them to comply in an effective and consistent way with the present Regulation, especially in cases of delays, cancellations, denied boarding, mass disruptions and insolvency. Those procedures shall clearly indicate the contact person of the airline at each airport who is competent for providing reliable information concerning care, assistance, re-routing or reimbursement and for taking the necessary immediate measures. The air carrier shall define the processes and conditions for the provision of those services in such a way that this representative can fulfil this obligation without delay. The air carrier shall communicate those procedures and any changes thereto to the National Enforcement Body designated pursuant to Article 16.

2013/10/09
Committee: TRAN

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

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

In Article 5(5) the following paragraph shall be inserted: 5c. In the event of cancellation of a flight due to the insolvency of an air carrier or suspension of operations of an air carrier due to the revocation of its operating licence, passengers shall have the right to reimbursement or a return flight to the point of departure in accordance with point (a) of Article 8(1) and the right to care as specified in Article 9. Air carriers shall provide sufficient evidence of security for the costs of reimbursement and repatriation by taking the necessary measures such as creating funds or taking out insurances.

2013/10/09
Committee: TRAN

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 two conditions are fulfilled: – 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 correctly taken. Such extraordinary circumstances can only be invoked insofar as they affect the flight concerned or the previous flight operated by the same aircraft.

2013/10/09
Committee: TRAN

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

Regulation (EC) No 261/2004
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 ~~five~~two 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.~~ , unless there are safety-related or security-related reasons why the aircraft cannot leave its position on the tarmac. After a total delay of more than 3 hours from the initial departing time, passengers benefit from the same assistance as specified in paragraph 1, including the option of reimbursement, return flight and rerouting, as specified in Article 8(1) and they shall be informed accordingly.

2013/10/09
Committee: TRAN

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 change of schedule or a delay to a preceding connecting flight of 90 minutes or more calculated by reference to the time of arrival at the transfer point, the passenger shall have a right to compensation by the ~~Community~~Union air carrier operating that preceding flight in accordance with Article 6(2). For these purposes, the overall delay shall be calculated by reference to the scheduled time of arrival at the final destination.

2013/10/09
Committee: TRAN

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

Regulation (EC) No 261/2004
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 in at least an equivalent manner with the other non-monetary benefits (e.g. air travel vouchers to the value of 100% of the entitlement to compensation), provided that this agreement is confirmed by a document signed by the passenger which reminds the passenger of his rights to compensation under this Regulation.“ Such an agreement may only be concluded after the events giving rise to the entitlement have occurred.

2013/10/09
Committee: TRAN

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 correctly, it may limit the ~~total cost of~~ accommodation provided according to paragraph 1(b) to EUR 10025 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 availabl~~, if the passenger decides to arrange his own accommodation. This shall at all events be without prejudice to the obligation of operating air carriers to provide accommodation, a~~fter~~ nd the carrier shall comply withe th~~ree nights~~is obligation as a priority, in addition to the continued obligations for information specified in Article 14. This limitation shall not apply where the air carrier failed to provide the accommodation.

2013/10/09
Committee: TRAN

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

Regulation (EC) No 261/2004
Article 14 – paragraph 2

AIn ~~operating air carrier denying boarding or cancelling a flight shall provide each~~the event of denied boarding, flight cancellation, delay or change of schedule of at least two hours, the operating air carrier shall as soon as possible fully inform the passenger affected and provide him 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~~, and of possible alternative transport modes. The contact details of the competent complaint handling bodies designated under Article 16a shall also be given to the passenger in written form.

2013/10/09
Committee: TRAN

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

Regulation (EC) No 261/2004
Article 14 – paragraph 5

In the event of cancellation or delay in departure, passengers shall be informed by the operating air carrier of the situation ~~as so~~, including the cause of the disruption, as ~~possi~~soon as this information is available, and in any event no later than 30 minutes after the scheduled departure time~~, and~~ of the estimated departure time ~~as soon as this information is available~~, provided that the air carrier has received the passenger's contact details in accordance with paragraphs 6 and 7 in case the ticket was acquired via an intermediary.

2013/10/09
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 14

Regulation (EC) No 261/2004
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 on individual complaints transmitted by the body designated under Article 16a.

2013/10/09
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 14

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

In Article 16, the following paragraph shall be inserted: Air carriers shall proactively provide the National Enforcement Body with comprehensive information as regards the advent of technical problems, in particular on the reasons therefor. The National Enforcement Body shall share this information with the bodies responsible for out-of-court dispute resolution referred to in article 16.a paragraph 3.

2013/10/09
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 14

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

~~Where the bodies designated under Articles 16 and 16a differ, reporting mechanisms shall be set up to ensure the exchange of information between the various bodi~~In accordance with Directive 2013/11/EU, cooperation mechanisms shall be set up between the National Enforcement Body and the body designated under Article 16a which shall include mutual information exchanges in order to help the National Enforcement Body to carry out its tasks of supervision and enforcement and for the body designated under Article 16a to collect the information ~~necessary to examine~~and technical expertise necessary for the handling of individual complaints.

2013/10/09
Committee: TRAN

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. The submission of a complaint within three months and after the expiry of that three-month period shall be without prejudice to his right to enforce his claims under this Regulation within the framework of the judicial system and an out-of-court resolution. Within 7 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 air carrier shall provide a full answer to the passenger. Where the air carrier does not provide that full answer within that two- month period, it shall be deemed to accept the passenger’s claims.

2013/10/09
Committee: TRAN

Georges BACH, Ria OOMEN-RUIJTEN

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~~Member States shall ensure that air passengers can submit disputes with air carriers concerning rights and obligations established by this Regulation to independent, efficacious and efficient out- of-court resolution mechanisms. To that end, 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 and obligations covered by this Regulation. This should be a body other than the Enforcement Body referred to in Article 16(1). Air carriers shall be required to become affiliated to this/these out of-court dispute resolution body/bodies. This body or these bodies designated by the Member States shall be empowered to resolve the underlying dispute between passengers and air carriers by means of a decision which is legally binding on both parties and enforceable. For disputes falling within the scope of Directive 2013/11/EU, only that Directive shall apply. All air carriers which are involved in flights from an airport within the territory of a Member State or of a third country to these airports shall abide by the alternative dispute resolution system referred to in Directive 2013/11/EU, which will ensure simple, swift and cheap out-of-court resolution of disputes between passengers and air carriers.

2013/10/09
Committee: TRAN

Georges BACH, Ria OOMEN-RUIJTEN

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

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

~~Each~~On receipt of the full answer from the air carrier, the passenger concerned may complain to any national out-of-court dispute resolution 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 a~~ny airport situated on thate territory~~. Such complaints may be submitted at the earliest two months after a complaint was~~ of a Member State or of a third country to such airports. Such complaints may be submitted within a pre-specified time-limit, which shall be set at not less than one year from the date on which the passenger submitted to the co~~ncerned carrier unless the carrier has already provided a final reply to such complaint~~mplaint or claim to the carrier concerned.

2013/10/09
Committee: TRAN

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

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

In Article 16b, the following paragraph shall be inserted: 5a. The Commission and the Member States shall set up a Union-wide mechanism between all bodies designated by under Article 16 and Article 16 a to ensure the exchange of information about infringements, sanctions and best practices of enforcement between the Member States. The Commission shall make this information available in electronic form to all the Member States.

2013/10/09
Committee: TRAN

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

In Article 16b, the following paragraph shall be inserted: 5b. The National Enforcement Bodies shall provide, upon request, information and relevant documents on individual cases to the Commission.

2013/10/09
Committee: TRAN

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

Regulation (EC) No 2027/97
Article 3 –paragraph 2

~~The Community air carrier shall provide~~At all airports, air carriers and their groundhandlers shall set up a service to provide passengers with a complaint form ~~at the airport~~ which allows the ~~passenger~~m to immediately submit ~~such~~ a complaint about damaged or delayed baggage upon arrival. Such a complaint form, which may take the form of a Property Irregularity Report (PIR), shall be accepted by the air carrier at the airport as a complaint pursuant to Article 31(2) of the Montreal Convention. This possibility shall not affect the right of ~~the~~ passengers to submit a complaint via other means within the deadlines ~~given~~prescribed by the Montreal Convention. The Commission shall be empowered, by means of implementing acts in accordance with the procedure referred to in Article 16c, to set up the standardized claim form.

2013/10/09
Committee: TRAN

Proposal for a regulation
Article 2 – paragraph 1 – point 4

Regulation (EC) No 2027/97
Article 6a – paragraph 1

Whenever carrying checked wheelchairs or other mobility equipment or assistive devices, the air carrier and its agents shall offer each person with a disability or reduced mobility as defined in Article 2(a) of Regulation (EC) No 1107/200625 the option to make, free of charge, a special declaration of interest pursuant to Article 22(2) of the Montreal Convention, at booking and at the latest when the equipment is handed to the carrier. A model form for such a declaration of interest shall be set up by the Commission via an implementing act adopted in accordance with the procedure referred to in Article 16c. __________________ 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.1

2013/10/09
Committee: TRAN

Proposal for a regulation
Article 2 – paragraph 1 – point 4

Regulation (EC) No 2027/97
Article 6c –paragraph 2

The ~~delegation of power~~power to adopt delegated acts referred to in Article 6 (1) shall be conferred on the Commission for a~~n indeterminate period of time from the date of entry into force of this Regulation~~ 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.

2013/10/09
Committee: TRAN

Proposal for a regulation
Article 2 – paragraph 1 – point 4

Regulation (EC) No 2027/97
Article 6d – paragraph 1

~~Whilst a~~Air carriers sha~~ve full commercial freedom to establish the conditions under which they permit baggage to be carried, they shall clearly indicate, at booking~~ll clearly indicate, at an early stage of the booking process, in all distribution channels including computerised reservation systems, and at the check-in desks (including at self- service check-in machines), the maximum baggage allowance passengers are permitted to carry within the cabin and hold of the aircraft on each of the flights included within a passenger's reservation, including any restrictions on the number of items that w~~ould~~ill be applied within a given maximum baggage allowance. ~~Where~~Details of additional charges a~~re applied~~pplicable for the carriage of baggage air carriers shall ~~clearly indicate details of those charges at booking and on request at the airport~~be communicated at an early stage of the booking process and on request at the airport in a clear, transparent and unambiguous manner. Core travel service and additional charges must be clearly identifiable and purchasable separately from each other.

2013/10/09
Committee: TRAN

Proposal for a regulation
Article 2 – paragraph 1 – point 4

Regulation (EC) No 2027/97
Article 6d – paragraph 1 b (new)

In Article 6d, the following paragraph shall be inserted: 1b. Without prejudice to Regulation (EC) No 1107/2006, carry-on baggage allowances may be expressed in maximum dimensions and/or maximum weights of the total carry-on allowance per passenger, but without a restriction to a specific number of items carried.

2013/10/09
Committee: TRAN

Proposal for a regulation
Article 2 – paragraph 1 – point 4

Regulation (EC) No 2027/97
Article 6d – paragraph 2

Where ex~~traordinary~~ceptional circumstances, such as safety reasons, or ~~a change of the aircraft type since the booking was made,~~the specific characteristics of the aircraft preclude the carriage in the cabin of items included in the carry-on baggage allowance or the airport shopping, the air carrier may carry them in the hold of the aircraft, but at no extra cost to the passenger.

2013/10/09
Committee: TRAN

Proposal for a regulation
Annex 1

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

~~security risk~~war, political unrest, outrages, acts of sabotage or terrorism rendering impossible the safe operation of the flight;

2013/10/09
Committee: TRAN