Activities of Spyros DANELLIS 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 (24)
Amendment 128 #
Proposal for a regulation
Recital 11
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) and the principle of equal treatment, which requires that comparable situations must not be treated differently. 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.
Amendment 137 #
Proposal for a regulation
Recital 13
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 and the judgement of the European Court of Justice in case C- 11/11 (Air France v. Folkerts), 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.
Amendment 147 #
Proposal for a regulation
Recital 19
Recital 19
(19) The reasons behind the current level of long delays and cancelled flights in the EU are not attributable solely to air carriers. In order to incentivise all actors in the aviation chain to seek efficient and timely solutions to minimise the inconvenience that long delays and cancellations cause to passengers, air carriers should have the right to seek redress from any third party which contributed to the event triggering compensation or other obligations. The exercise of this right should not be hindered by terms and conditions that the air carrier has not agreed to in the first place.
Amendment 149 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) To assist National Enforcement Bodies in fulfilling their role regarding the enforcement of this Regulation, air carriers should provide them with relevant compliance documentation that demonstrates their consistent compliance with all relevant Articles of the Regulation.
Amendment 150 #
Proposal for a regulation
Recital 21 b (new)
Recital 21 b (new)
(21 b) As commercial aviation is an integrated EU market, measures to guarantee enforcement of the Regulation will be more effective at Union level with increased involvement of the European Commission. Specifically, the European Commission should increase awareness of air carriers' compliance with passenger rights requirements among the flying public by publishing a list of carriers that systematically fail to comply with the Regulation.
Amendment 245 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 261/2004
Article 4 – paragraph 3
Article 4 – paragraph 3
If boarding is denied to passengers against their will, the operating air carrier shall immediately, and without further requirements from the passenger, 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.
Amendment 347 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) 261/2004
Article 6 – paragraph 5
Article 6 – paragraph 5
Subject to safety constraints, where a tarmac delay exceeds one hooccurs, 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 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 390 #
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 within two weeks in cash, by electronic bank transfer, credit card refund, bank orders or bank cheques. Compensation can also be paid in travel vouchers or other services, with the signed consent of the passenger in a document that clarifies that the choice between the due monetary compensation and any non- monetary alternative rests with the passenger.
Amendment 444 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
In cases where an operating air carrier pays compensation or meets the other obligations incumbent on it under this Regulation, no provision of this Regulation or of national law, or of non-contractual conditions by service providers, may be interpreted as restricting its right to seek compensation for, or to recover in their entirety, the costs incurred under this Regulation from any third parties which contributed to the event triggering compensation or other obligations. This provision will be without prejudice to contracts for disclaimer between airports and air carriers.
Amendment 463 #
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. Without prejudice to obligations under paragraph 2, any electronic communication to the passenger notifying him or her of cancellation, long delay, or change of schedule shall prominently state that the passenger may be entitled to compensation and/or assistance under this Regulation.
Amendment 468 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Regulation (EC) No 261/2004
Article 14 a (new)
Article 14 a (new)
13 a. The following Article is inserted: "Article 14a Compliance documents 1. Community air carriers shall prepare and submit to the National Enforcement Body of the Member State that issued their operating licence pursuant to Regulation 1008/2008 and to the European Commission by 1 January 2016 a document that demonstrates in reasonable detail that their operating procedures are sufficient to ensure that they consistently comply with all relevant Articles of the Regulation. 2. Any other carrier providing services from a Union airport shall submit a compliance document to the NEBs of all Member States in which they operate and to the European Commission. 3. Air Carriers will review their compliance documents and submit updated versions to the relevant NEB(s) and to the European Commission every three years henceforth."
Amendment 471 #
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 accou within one month of the information submitted to it by the body designated under Artits request, without prejudicle 16a. It may also decide on enforcement actions based on individual complaints transmitted by the body designatedto the obligations of air carriers under Article 164a.
Amendment 475 #
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 a (new)
Article 16 – paragraph 2 a (new)
In Article 16, the following paragraph shall be inserted: 2a. In order to carry out its functions, the National Enforcement Body shall take account of the information submitted to it by the body designated under Article 16a and of the compliance documents submitted by air carriers, where possible corroborating the validity of Compliance Documents against complaints information. The National Enforcement Body shall also take enforcement actions based on individual complaints transmitted by the body designated under Article 16a.
Amendment 477 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) No 261/2004
Article 16 – paragraph 3
Article 16 – paragraph 3
The sanctions laid down by Member States for infringements of this Regulation shall be effective, proportionate and dissuasive, dissuasive and sufficient to provide carriers with a financial incentive to comply consistently with the Regulation.
Amendment 482 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16a – paragraph 1
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. The information on claim and complaint handling processes will be communicated to passengers, together with their rights under this Regulation, in the e-mail message that notifies them of their flight being cancelled or delayed.
Amendment 486 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16a – paragraph 2
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 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 and reasoned answer to the passenger, as well as the relevant contact details of the designated body referred to in paragraph 3, including postal address, phone number, email address and website.
Amendment 487 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16a – paragraph 2
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 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. Where the air carrier claims that extraordinary circumstances caused the cancellation or delay of a flight, the carrier's answer must contain relevant evidence.
Amendment 492 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16a – paragraph 3
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 Regulation. The designated body shall maintain a website, email and postal address and phone line for the public, all of which shall be provided to passengers by national aviation authorities, airport managing bodies and air carriers upon request.
Amendment 496 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16a – paragraph 4 a (new)
Article 16a – paragraph 4 a (new)
In Article 16a, the following paragraph shall be inserted: 4a. If the airline is found to be at fault the complaints handling body shall inform the National Enforcement Body, who with reference to Article 16a, paragraph 2, shall take action to ensure enforcement.
Amendment 500 #
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
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 national body designated under paragraph 3 shall keep the complainant informed of what steps have been taken to investigate the complaint. 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, who will notify the complainant of any enforcement action taken by the National Enforcement Body pursuant to their individual complaint.
Amendment 504 #
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 a (new)
Article 16a – paragraph 5 a (new)
In Article 16a, the following paragraph shall be inserted: 5a. In cases where individual complaint procedures have demonstrated that a passenger is entitled to compensation, based on information it receives according to this Article, the National Enforcement Body shall, where applicable, seek from the relevant air carrier proof that all passengers of the flight have received due compensation.
Amendment 505 #
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. In cases where the final reply of the designated body confirms that an infringement of the Regulation has been committed, the designated body shall also send the reply, and the complaint file, to the European Commission. It will also on an annual basis send to the European Commission, and publish on its website, the number of complaints that it has received by type of alleged infringement as well as by air carrier, and the outcomes of the process (e.g. compensation paid or not paid, recovery or non-recovery of expenses for accommodation).
Amendment 507 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16b – paragraph 1 a (new)
Article 16b – paragraph 1 a (new)
In Article 16b, the following paragraph shall be inserted: 1a. The Commission may, by means of implementing acts, adopt provisions on the minimum contents of the compliance documents of Article 15. The minimum contents will however at least contain contingency plans for major disruptions, would identify those responsible for providing assistance and other rights, the modalities and procedures through which complaints are handled and assistance and compensation are provided, and procedures and templates for communication with passengers. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 16c.
Amendment 512 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16b – paragraph 5 a (new)
Article 16b – paragraph 5 a (new)
In Article 16b, the following paragraph shall be inserted: 5a. The Commission shall publish on its website and regularly update, starting no later than 1 May 2015, a list of all air carriers operating in the Union that systematically fail to comply with the provisions of this Regulation. Irrespective of size or nationality, any carrier for whom the Commission has received evidence of infringements according to Article 16a Paragraph 5b that occurred to passengers on more than 10 different flights in one calendar year, and that relate to more than one Article of the Regulation, shall be considered to systematically fail to comply with the Regulation.