Activites

• 2004/02/17 Final act published in Official Journal
  • Regulation 2004/261
  • OJ L 046 17.02.2004, p. 0001-0007
• 2004/02/12 Final act signed
• 2004/02/11 End of procedure in Parliament
• #2558
• 2004/01/26 Council Meeting
• 2003/12/18 Decision by Parliament, 3rd reading
  • T5-0591/2003 summary

    The European Parliament approved the joint text agreed by the Conciliation Committee and the Commission Statement on the text regarding the issue of the equal treatment of all modes of transport. (Please see the document of 14/10/03).�

• 2003/12/17 Debate in Parliament
  • Debate in Parliament
• 2003/12/01 Joint text approved by Conciliation Committee co-chairs
  • 3676/2003
• 2003/10/14 Report tabled for plenary, 3rd reading
  • A5-0464/2003
• 2003/10/14 Final decision by Conciliation Committee
• 2003/09/29 Formal meeting of Conciliation Committee
• #2525
• 2003/09/22 Council Meeting
• 2003/07/03 Decision by Parliament, 2nd reading
  • T5-0329/2003 summary

    The European Parliament adopted a resolution based on the report by Giorgio LISI (EPP-ED, Italy) and made several amendments to the common position. The key amendments were as follows: - a new recital states that passengers travelling on all modes of transport should be treated equally and distortions of competition between different modes of transport should be avoided; the text should give a definition of "cancelled flight"; - the definition of "final destination" given in the regulation currently in force should be retained; - the check-in time should not have to be indicated in writing; - if no time is indicated by the air carrier, tour operator or an authorised travel agent, passengers should check in no later than 60 minutes before the published departure time, rather than 30 minutes as proposed; - passengers should be offered assistance when an air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure: (a) for two hours in the case of flights of 1500 km or less, or (b) for three hours in the case of all intra-Community flights of more than 1500 km and of all other flights between 1 500 and 3 500 km, or (c) for four hours or more in the case of all flights not falling under (a) or (b); - an amendment was adopted with a view to harmonising the distance criteria as above with regard to compensation in the event of re-routing; - the obligation to re-route passengers to their final destination should be limited; re-routing should take place "within the validity of the ticket". Re-routing should also be "subject to scheduling"; - Parliament amended the provisions on compensation in cases where a passenger is placed in a class lower than that for which his ticket was purchased; - it should be stipulated that tour operators should also be guaranteed a right of redress against the operating air carrier, whereas the proposal established a right of redress only for the operating air carrier against the tour operator; - Member States should ensure that any claim for compensation under the principle that the agency responsible should pay can be made against any third party, i.e. even state or other authorities with sovereign powers by the undertakings designated in the Regulation; - the Regulation will enter into force within 12 months of its publication rather than 3 months.�

• 2003/07/02 Debate in Parliament
  • Debate in Parliament
• 2003/06/12 Vote in committee, 2nd reading
  • A5-0221/2003
• 2003/03/27 Committee referral announced in Parliament, 2nd reading
• 2003/03/18 Council position published
  • 15855/1/2002 summary

    The Council made a number of modifications to the proposal of the Commission, both regarding the form and substance. As far as the formal modifications are concerned, the Council endeavoured to make the texts simpler and easier to understand. The Council rearranged the text considerably in order notably to enhance their logical disposition. The main substantive modifications can be described as follows: - the Council agreed to simplify the text by laying all obligations to compensate and assist passengers on the operating air carrier, which is normally the best placed to meet such obligations because of its presence at airports. However, the operating air carrier has a right of redress in accordance with the law applicable, in particular the regulation should in no way restrict the operating air carrier's right to seek reimbursement from a tour operator or any other person with whom the operating carrier has a contract; - in line with the amended by the Parliament and in view of the Montreal Convention, the Council felt it would be appropriate to provide a list of circumstances which may exempt the operating air carrier from its obligations under this Regulation. However, for reasons of legal clarity the Council decided not to list such circumstances under 'force majeur' but decided to use the concept of 'extraordinary circumstances'; - with regard to cancellation, the Council decided to refine the text by providing that the right to compensation depends not only on the moment in time at which the passenger is informed of the cancellation, but also on the adequacy of the re-routing that is offered to the passenger concerned; - as regards the levels of compensation, the Council agreed, in line with the amendment by Parliament, to adopt a system of three distance sections. The levels itself are almost equal to those recommended by the Parliament, namely EUR 250, EUR 400 and EUR 600; - taking account of the amendment by parliament, the Council has strengthened the rights passengers in the even to long delays of flights, by providing that passengers not only have the right to reimbursement or re-routing, but also, in principle, the right to care. By the way, the Council agreed that this latter right should in general also encompass the right to transport, free of charge, between the airport and the place of accommodation (hotel or other); - with regard to the situations of upgrading and downgrading, the Council decided to turn the provision into a separate Article, since in the situations concerned there is no denial of boarding. Moreover, in order to simplify handling at airports, the Council agreed that it would be appropriate to apply fixed percentages in order to calculate amounts of reimbursement; - finally, the Council decided to give more importance to the provisions regarding passengers with reduced mobility or special needs. It therefore incorporated the relevant amendment by Parliament and gave a horizontal character to the relevant provisions.�

• #2494
• 2003/03/17 Council Meeting
• #2472
• 2002/12/05 Council Meeting
• 2002/12/04 Modified legislative proposal published
  • COM(2002)0717 summary

    Of the forty amendments adopted by the European Parliament, the Commission accepted fourteen (some with redrafting or in principle) and eight partially. The following elements have been incorporated: - a new recital has been introduced which incorporates the concept of "force majeure", replacing that of "exceptional circumstances beyond the responsibility of an air carrier".This will help clarify the circumstances in which air carriers are not responsible for cancellations or long delays. For guidance, examples are given of cases of force majeure. Accordingly, recital 7 has been modified and the reference to "exceptional circumstances beyond the responsibility of an air carrier" has been deleted; - objective : a reference to "force majeure" replaces that to "exceptional circumstances beyond the responsibility of an air carrier", in order to help clarify the circumstances where carriers are not responsible for cancellations or long delays; - defintions : a definition of "force majeure" is introduced, in harmony with that of Council Directive 90/314/EEC on package travel, package holidays and package tours. Definitions are given of "denied boarding" and of "volunteer", in order to clarify the text. However the conditions under which passengers enjoy rights (possession of a valid ticket and confirmed reservation and presentation for check-in within a time limit) are kept in Article 3, as they apply to all provisions of the regulation. "Cancellation" is defined, while the time limit on the coverage of cancellations is introduced. The standard definition of a "person with reduced mobility" of the European Civil Aviation Conference is introduced, to ensure consistency in meeting the special needs of these passengers; - scope : the time limit for presentation at the check-in desk, when an air carrier or tour operator does not stipulate a time, is changed from thirty to sixty minutes; - the term "person with reduced mobility" is used instead of "disabled passenger" with regard to boarding. Also the prohibition to deny boarding is extended to certified service dogs, as blind or poorly sighted passengers may only be able to travel if accompanied by them; - right to assistance : the condition "subject to availability" limits the right to rerouting at a later date at the passenger's convenience. This makes clear that air carriers and tour operators would not be obliged to organise flights specially for passengers affected by denied boarding or cancellation. In addition, the right to a free telephone call, telex, fax message and/or e-mail to the point of departure is introduced (in addition to one to the final destination). This will enable passengers to communicate with all those concerned by the disruption of their travel plans. Passengers are given the additional right to free transport, or reimbursement of expenses, for the journey from the airport to their place of accommodation and back. This will relieve them of sometimes heavy expenditure when affected by denied boarding, cancellation or long delay. The notion of "force majeure" is introduced to clarify the circumstances where carriers are not responsible for cancellations. The coverage of cancellations is limited to those made within seven days of departure, to avoid putting financial pressure on carriers or tour operators to maintain theirprogrammes irrespective of demand. The time of seven days before the expected time of departure gives passengers time to change their travel arrangements. The "48 hours" proposed has been considered too short to give passengers the time needed to make new travel arrangements. The obligation is introduced to explain alternative means of travel to passengers affected by a cancellation, when contacted by a carrier or tour operator. The right of choice between a refund and an alternative flight is replaced by that to care while awaiting a later flight (meals, hotels, etc.). This will ensure good care of all passengers suffering long delays, including overnight accommodation when needed. The change will also prevent disruption and further delay that the provision of refunds or alternative flights might cause in certain circumstances; - the introduction of the concept of "force majeure", to clarify when carriers and tour operators are not responsible for care in the event of long delays. An additional sentence prevents passengers from claiming further compensation in court, when they have accepted to give up their reservations under conditions agreed with the air carrier or tour operator; - obligation to inform the passengars of their rights : requires carriers and tour operators, when denying boarding or cancelling, to inform passengers of the body designated to receive complaints has been introduced in order to facilitate the lodging of complaints. This helps passengers to exercise their rights; - admissibility of derogations : the proposal provides protection in the event of air carriers or tour operators introducing restrictive clauses into contracts (despite the prohibition to do so) and of passengers accepting compensation on that basis has been incorporated; - compliants : clarify that air passengers maintain their rights to go to court to claim further compensation, if they lodge a complaint; - report : An obligation on the Commission to report no later than five years after the entry into force of the regulation replaces that to report by 1st January 2008. On the other hand, as regards the the amendments rejected by the Commission, these concern: - the exclusion of passengers on package tours so that the regulation would just apply to seat-only passengers; - the allocation of the available places, in the event of overbooking; - the rates of compensation namely 200-400-600 euros depending on three distance bands; - the organisation of care within one hour as it would be difficult to implement it and attempting to do so could cause further delays; - the creation of shared responsibility for meeting the obligations of the regulation, in the case of code-sharing between the carriers and when logistically impossible for a tour operator to fulfil these obligations; - the elimination of compensation in the case of delays of less than one hour; - the adjustment of levels in line with inflation every three years is rejected because the Commission has to report 5 years after the entry into force of the regulation and may make appropriate proposals; - the references to the last flight coupon on a ticket in caseof successive flights for the definition of final destination; - the elimination to stipulate the check-in time in writing; - the prohibition for air carriers and tour operators from denying boarding to passengers travelling with small children; - the limitation of the obligation to reimburse tickets or to re-route passengers within the period of validity of the ticket; - requiring rules similar to those of the proposed regulation to be established for other modes of transport can not be accepted; - the elimination of the definition of the price on which a refund should be based in the event of down-grading, so preventing legal certainty to the detriment of passengers; - to limit the obligation to provide care to passengers in situations where local conditions allow it. This condition would weaken the protection of passengers and is not sufficiently precise to provide legal certainty; - the liability of authorities for denied boarding, cancellation and delays; - linking its obligation to report on the operation and on the result of this Regulation to the designation of enforcement bodies.�

  • DG ['Energy and Transport'],
• 2002/10/24 Decision by Parliament, 1st reading/single reading
  • T5-0514/2002 summary

    The European Parliament adopted a resolution drafted by Giorgio LISI (EPP-ED, Italy) on compensation to air passengers. (Please refer to the document dated 10/09/02.) Parliament also made the following amendments: -if no time is indicated by air carrier, travel agent or tour operator, passengers must arrive no later than sixty minutes before the published departure time; -with regard to re-routing, there is no right to compensation for distances over 1000 kms, if the arrival time of the alternative flight does not exceed the scheduled arrival time by more than one hour; -assistance may not apply in situations involving political unrest or long strikes in essential services or other circumstances beyond the air carriers control. Moreover, assistance should only be provided where local conditions allow for it to delivered and under the condition that doing so would not further delay departure; -Member States should ensure that any claim for compensation under the principle that the agency responsible should pay can be made against any third party, i.e. even State or another authority with sovereign powers or by the undertakings designated in the Regulation.�

• 2002/10/23 Debate in Parliament
  • Debate in Parliament
• #2452
• 2002/10/03 Council Meeting
  • X017
• 2002/09/10 Vote in committee, 1st reading/single reading
  • A5-0298/2002
• #2420
• 2002/03/25 Council Meeting
  • 2420
• 2002/01/16 Committee referral announced in Parliament, 1st reading/single reading
• 2001/12/21 Legislative proposal published
  • COM(2001)0784 summary

    PURPOSE : to establish common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights. CONTENT : this proposed regulation would give passengers the right to financial compensation, an alternative flight or reimbursement of the ticket, and assistance at the airport in the event of denied boarding or cancellation of the flight. It would give passengers suffering long delays the right to an alternative flight or reimbursement. It would apply to all carriers departing from Community airports and to Community carriers flying from a non-Community to a Community airport (in some circumstances). It would replace Council Regulation 295/91 of 4 February 1991 establishing common rules for a denied boarding compensation system in scheduled air transport. Concretely, the new proposed Regulation foresees: 1) in the case of denied boarding: - the obligation on operators to call for volunteers to surrender reservations in exchange for agreed benefits (and also to give choice between alternative flight and reimbursement of ticket); - if nevertheless denied boarding, a passenger has three rights: higher financial compensation (between 375 and 1,500 Euros) and a choice between alternative flight and reimbursement of ticket and care while waiting (refreshments, meals, hotels); 2) in the case of cancellation: - obligation on operators to contact passengers and seek volunteers to surrender reservations; - a passenger that does not volunteer has these three rights: financial compensation as denied boarding (between 375 and 1,500 Euros) and choice between alternative flight and reimbursement of ticket and care while waiting (refreshments, meals, hotels); 3) in the case of a long delay: - a passenger has the right to choose between alterative flight and reimbursement of ticket; - special needs passengers and people with reduced mobility will be entitled to minimum care while waiting (refreshments, meals, hotels). �

  • DG ['Energy and Transport'],

Documents

• Legislative proposal published: COM(2001)0784
• Debate in Council: 2420
• Committee report tabled for plenary, 1st reading/single reading: A5-0298/2002
• Debate in Council: X017
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 1st reading/single reading: T5-0514/2002
• Modified legislative proposal published: COM(2002)0717
• Council position published: 15855/1/2002
• Committee recommendation tabled for plenary, 2nd reading: A5-0221/2003
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 2nd reading: T5-0329/2003
• Report tabled for plenary, 3rd reading: A5-0464/2003
• Joint text approved by Conciliation Committee co-chairs: 3676/2003
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 3rd reading: T5-0591/2003
• : Regulation 2004/261
• : OJ L 046 17.02.2004, p. 0001-0007

History

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