20 Amendments of Michel DANTIN related to 2013/0072(COD)
Amendment 118 #
Proposal for a regulation
Recital 7
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 when circumstances outside their control, such as an accident, an illness or a death, have prevented them from reaching the airport in time to make the outward journey.
Amendment 159 #
Proposal for a regulation
Recital 27
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. Air carriers should inform passengers of this declaration and the rights attaching to it whenever they make a ticket booking.
Amendment 162 #
Proposal for a regulation
Recital 28
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. When an airline company has authorised baggage to be carried as cabin baggage at the time the passenger registers at the check-in desk at the airport, it cannot refuse to carry that baggage in the cabin, unless it transfers it free of charge to the hold.
Amendment 259 #
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 4
Article 4 – paragraph 4
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 charge for this purpose. because circumstances beyond the passenger’s control, such as an accident, illness or death, prevented him/her from arriving at the airport in time to make the outward journey.
Amendment 290 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Regulation (EC) No 261/2004
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
Amendment 349 #
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 and food, 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 fivetwo 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 370 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 261/2004
Article 6 a – paragraph 2
Article 6 a – paragraph 2
Where a passenger misses a connecting flight as a result of a delay to a preceding connecting flight, the passenger shall have a right to compensation by the Community air carrier operating that preceding flight in accordance with Article 6(2). For these purposes, the delay shall be calculated by reference to the scheduled time of arrival at the final destination.
Amendment 387 #
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, as the passenger prefers.
Amendment 395 #
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 reminds the passenger of his rights to compensation under this Regulation. The air carrier shall give the passenger clear information about said rights to compensation, before the signature of a voluntary agreement.
Amendment 408 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 261/2004
Article 8 – paragraph 5
Article 8 – paragraph 5
Where passengers choose the option referred to in paragraph 1(b), they shall, subject to availability, 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 120 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 the last three months. __________________ 23 OJ L 293, 31.10.2008, p. 3.
Amendment 413 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point -a (new)
Article 1 – paragraph 1 – point 9 – point -a (new)
Regulation (EC) No 261/2004
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(-a) In Paragraph 1, point (a) is replaced by the following: "a) meals and refreshments. The air carrier shall automatically provide drinking water to accompany meals, as well as whenever passengers so request."
Amendment 435 #
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 or 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 operating 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,; - if the passenger is an unaccompanied child or a pregnant woman. 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 442 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 261/2004
Article 13
Article 13
In cases where an operating air carrier pays compensation or meets the other obligations incumbent on it under this Regulation, and without prejudice to contracts with third parties for disclaimer in force at the time of the dispute, no provision of this Regulation or of national law may be interpreted as restricting its right to seek compensation for the costs incurred under this Regulation from any third parties which contributed to the event triggering compensation or other obligations.'
Amendment 460 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 261/2004
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
In Article 14, the following paragraph shall be inserted: 5a. The air carrier shall have documents at the check-in counter and the boarding gate containing the European Air Passengers Charter, which its staff shall offer air passengers at any time the latter may so request. The European Commission shall update this Charter every time there is a substantial change to air passengers rights.
Amendment 522 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Regulation (EC) No 2027/97
Article 3 – paragraph 2
Article 3 – paragraph 2
The Community air carrier shall provide a complaint form at the airportensure that its check-in and embarkation desks and/or its airport contact staff can supply complaints forms which allows the passenger to immediately submit such a complaint about damaged or delayed baggage. 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 passenger to submit a complaint via other means within the deadlines given by the Montreal Convention.
Amendment 547 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 2027/97
Article 6d – paragraph 1 a (new)
Article 6d – paragraph 1 a (new)
In Article 6d the following paragraph is inserted: '1a. Passengers shall be authorised to carry with them free of charge into the cabin at least one item, such a handbag, a briefcase or a bag containing items purchased at the airport, over and above the maximum cabin baggage allowance. The air carrier shall be entitled to specify the maximum dimensions of such items.'
Amendment 552 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 2027/97
Article 6d – paragraph 2
Article 6d – paragraph 2
Where extraordinary circumstances, such as safety reasons or a change of the aircraft type since the booking was made, preclude the carriage in the cabin of items included in the carry-on baggage allowance and other items normally admitted in the cabin, the air carrier may carry them in the hold of the aircraft, but at no extra cost to the passenger. Hand luggage or other items admitted to the cabin on registration at the air carrier's desk in the airport may not for any reason be refused on embarkation unless transferred to the hold at no extra cost to the passenger.
Amendment 557 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 2027/97
Article 6e – paragraph 2 a (new)
Article 6e – paragraph 2 a (new)
In Article 6e, the following paragraph shall be inserted: 2a. An air carrier shall clearly indicate at booking and in its terms and conditions the basis on which musical instruments will be transported, including the applicable charges and the facilities for the carriage of musical instruments that are available on the aircraft concerned. Where it is necessary to book a second seat, passengers shall be given the opportunity of doing so online at a competitive rate.
Amendment 577 #
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – paragraph 1 – point iii
Annex 1 – paragraph 1 – point iii
security risks, acts of sabotage or terrorism, violent political conflicts or wars rendering impossible the safe operation of the flight;
Amendment 579 #
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – paragraph 1 – point iv
Annex 1 – paragraph 1 – point iv