Activites

• 2002/05/30 Final act published in Official Journal
  • Regulation 2002/889
  • OJ L 140 30.05.2002, p. 0002
• 2002/05/13 Final act signed
• 2002/05/13 End of procedure in Parliament
• 2002/03/12 Debate in Parliament
  • Debate in Parliament
  • T5-0093/2002 summary

    The European Parliament, using its procedure without debate, adopted the resolution drafted by Marieke Sanders-ten Holte (ELDR, Netherlands) and approved the Council's common position.�

• 2002/02/21 Vote in committee, 2nd reading
  • A5-0052/2002
• 2002/01/17 Committee referral announced in Parliament, 2nd reading
• #2402
• 2001/12/19 Council Meeting
  • 10794/1/2001 summary

    In its common position the Council followed the lines of the Commission proposal, taking into account the opinion of the Economic and Social Committee and, in particular, the amendments requested by the European Parliament in first reading. Specific points that were raised by the Council concern the following: - the Council agreed to add a new recital, in order to underline that Regulation 2027/97/EC, as amended by the Regulation under consideration, reinforce - in line with the Montreal Convention the protection of passengers and their dependants; - the Council agreed to add a new recital, providing that a Community air carrier should not be able to avail itself of Article 21(2) of the Montreal Convention - regarding compensation for damages in case of death or injury of passengers exceeding 100 000 Special Drawing Rights, unless it proves that the damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents; - the Council welcomed the suggestion of the European Parliament concerning the notice contained in the Annex to the Regulation, because it simplifies and clarifies the information regarding air carrier liability that must be provided by Community air carriers to their passengers. As a consequence of this notice, the first paragraph of Article 6 of Regulation 2027/97/EC was no more needed; - the Council agreed to adapt the text in the light of the practice according to which a Regulation enters into force on the day of its publication in the Official Journal. With respect to the date from which the Regulation should apply, the Council decided to provide that the Regulation should apply from the date of its entry into force or from the date of the entry into force of the Montreal Convention for the Community, whichever is the later. This is intended to ensure the necessary parallelism between the Regulation and the Montreal Convention; - the Council, followed by the Commission, observed that damages caused in the context of air carriage might possibly result in liability both under the Montreal Convention or Regulation 2027/97/EC and the Package Tour Directive. Therefore, both institutions entered a joint statement to the common position, stating that in order to provide a consistent liability regime they will consider the need for clarification of this issue in advance of the entry into force of the Montreal Convention and Regulation 2027/97/EC as amended, if necessary through a revision of the Package Tour Directive; - the Council and the Commission further recognised that Regulation 2027/97 does not cover all carriers that are liable under the Montreal Convention and whose principal place of business is within the Community. Therefore, in the same joint statement as indicated under the precedent point, the Council and the Commission stated that with respect to these carriers it is desirable that Member States take appropriate measures, by implementing the Montreal Convention to provide for an equally high standard of passenger protection, in particular standards of liability. With regard to the amendments adopted by the European Parliament, the Council followed, in full or in substance, all amendments by the European Parliament, very often in the form suggested by the latter. A new paragraph regarding 'baggage delays' was inserted, several headings were added or modified, and the text of certainparagraphs was changed. The paragraph regarding private insurance was deleted, since the Council felt that this could lead to misunderstanding regarding the extent of the (unlimited) liability of Community air carriers in respect of the carriage of passengers and their baggage by air.�

• #2364
• 2001/06/27 Council Meeting
• 2001/05/21 Modified legislative proposal published
  • COM(2001)0273 summary

    The Commission accepts the following amendments which relate in particular to: - introducing a new recital acknowledging that, even after the Montreal Convention comes into effect, the liability of some non-Community carriers will continue to be governed by the Warsaw System (offering poor protection). This acknowledgement reinforces the justification of the obligations on third country carriers to inform passengers of their liability provisions; - further emphasises, in a recital, of the importance of transparent rules on liability for passengers and air carriers; - defining precisely the subject of the proposed amending regulation, as being liability for the carriage of passengers and their baggage by air, not of cargo; - clarifying the three aims of the proposed amending regulation; - aligning the proposed amending regulation on the Montreal Convention, which allows corporate bodies as well as natural persons to claim compensation; - introducing a definition of baggage, as it removes uncertainty about the inclusion of unchecked baggage and aligns the proposed amending regulation on the Montreal Convention; - clarifying that the obligation of full insurance relates to liability for passengers in the context of the regulation; - an obligation concerning responses to complaints should not be limited to liability but form part of a wider measure covering all subjects of complaint; - reintroducing into the proposed amending regulation a necessary statement of the conditions under which an advance payment to meet economic hardship resulting from death or injury is returnable; - clarifying and strengthening the obligation in the proposed amending regulation on air carriers to make available a summary of liability provisions at points of sale; - obliging air carriers to give passengers purchasing air transport in the Community a written indication of the liability provisions applying to their flights instead of a formal notice, so allowing carriers to give the information in a simpler and more useful form; - advancing the date by which the Commission must report on the application of the proposed amending regulation, so allowing a more rapid assessment of the effectiveness of passenger protection. It also links the revision of the financial limits on liability to the procedures established by the Montreal Convention.�

  • DG ['Energy and Transport'],
• 2001/04/05 Decision by Parliament, 1st reading/single reading
  • T5-0192/2001 summary

    The European Parliament adopted, by a large majority, the resolution by Mrs Marieke SANDERS-TEN HOLTE (ELDR, NL) on air carrier liability. (Please refer to the previous document). �

• 2001/04/04 Debate in Parliament
  • Debate in Parliament
• 2001/03/20 Vote in committee, 1st reading/single reading
  • A5-0093/2001
• 2000/06/16 Committee referral announced in Parliament, 1st reading/single reading
• 2000/06/06 Legislative proposal published
  • COM(2000)0340 summary

    PURPOSE : to establish a uniform liability regime for European Community air carriers with regard to recent developments in international law. CONTENT : Regulation 2027/97/EC on air carrier liability in the case of accidents establishes a uniform liability regime for the European Community air carriers. Passengers and EC air carriers alike benefit from the existence of a uniform system that creates certainty. This proposal provides for the revision of this system in order to take account of recent developments in international law. Firstly, the Montreal Convention establishes a modernised and uniform legal framework to govern the liability of airlines for damage to passengers, baggage cargo incurred during international journeys. It represents a considerable improvement over the current international regime in this area - the system based on the Warsaw Convention of 1929 - and will completely replace that regime over time. The proposed changes to Regulation 2027/97/EC would ensure that the liability limits and legal defences are harmonised on Montreal standards for all transport carried out by European carriers, regardless of the route on which the accident occurred. Therefore, this will ensure a high degree of uniformity within the Community. The only substantial addition to the existing Community regime is proposed in the fields of baggage and delay. Under the proposed amendment, the provisions of the Montreal Convention relating to loss of, damage to and destruction of baggage and damage occasioned by delay, would be incorporated into the Community regime. This will ensure that Community legislation deals with all the key liability issues of relevance and concern to passengers. As for the entry into force of the revised regulation, the Commission would certainly priviledge the earliest date compatible with the Community legislative process and the necessary adaptation of the industry. It has however to recognise that such an entry into force before that of the Montreal Convention could create some confusion as to the obligations of Community carriers. It suggests therefore that efforts are done to ensure simultaneity as much as feasible.�

  • DG ['Energy and Transport'],

Documents

• Legislative proposal published: COM(2000)0340
• Committee report tabled for plenary, 1st reading/single reading: A5-0093/2001
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 1st reading/single reading: T5-0192/2001
• Modified legislative proposal published: COM(2001)0273
• Council position published: 10794/1/2001
• Committee recommendation tabled for plenary, 2nd reading: A5-0052/2002
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 2nd reading: T5-0093/2002
• : Regulation 2002/889
• : OJ L 140 30.05.2002, p. 0002

History

(these mark the time of scraping, not the official date of the change)