Changes from plenary report to plenary report

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 19 a (new), Article 16a a (new): (19 a) the following Article is inserted: / Article 16aa / Compliance documents / 1. Union air carriers shall prepare and submit to the national enforcement body of the Member State that issued their operating licence pursuant to Regulation (EC) No 1008/2008 and to the Commission by [1 January xxxx] a document that demonstrates in reasonable detail that their operating procedures are sufficient to ensure that they consistently comply with all relevant Articles of this Regulation. / 2. The Commission may adopt implementing acts, laying down the minimum contents of such compliance documents. The minimum contents shall at least contain contingency plans for major disruptions, identify those responsible for providing assistance and other rights, the practical arrangements and procedures by 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 advisory procedure referred to in Article 16c (2). / 3. Any other carrier providing services from a Union airport shall submit a compliance document to the national enforcement body s of all Member States in which they operate and to the Commission. / 4. Air Carriers shall review their compliance documents and submit updated versions to the relevant national enforcement body or bodies and to the Commission every three years starting on [1 January xxxx]. / 5. The national enforcement body shall t…

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 19 b (new), Article 16a b (new): (19 b) the following Article is inserted: / Article 16ab / Exercise of delegation / 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. / 2. The power to adopt delegated acts referred to in Article 6c and Article 7 shall be conferred on the Commission for a period of five years from [the date of entry into force of this amending 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. / 3. The delegation of powers referred to in Article 6c and Article 7 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. / 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. / 5. As soon as it adopts a delega…

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 19 c (new), Article 16a c (new): (19 c) the following Article is inserted: / Article 16ac / Committee procedure / 1. The Commission shall be assisted by the Passenger Rights Committee, composed of two representatives of each Member State and of which at least one will represent a national enforcement body. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. / 2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 20, Article 17 – paragraph 1: deleted / (deleted)

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 20, Article 17 – paragraph 2 – subparagraph 2: deleted

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 20, Article 17 – paragraph 2 – subparagraph 3 – point a: deleted

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 20, Article 17 – paragraph 2 – subparagraph 3 – point b: deleted

RemovedCouncil position

RemovedRegulation (EC) No 2027/97

RemovedArticle 2 – paragraph 1 – point 1 – point b, Article 2 – paragraph 1 – point l: (l) “personal item” means a piece of unchecked baggage, which complies with security and safety requirements, and either with maximum dimensions of 40x30x15cm or on condition that it fits under the seat in front of the seat in which the passenger is sitting;

RemovedCouncil position

RemovedRegulation (EC) No 2027/97

RemovedArticle 2 – paragraph 1 – point 3, Article 3 – paragraph 2: (3) in Article 3, paragraph 2 is replaced by the following: / '2. At all airports within the Union, the Union air carrier and the ground handlers acting on its behalf shall establish a service that provides passengers with complaint forms which allow them to immediately submit a complaint about damaged or delayed baggage upon arrival. Likewise, the Union air carrier shall ensure that passengers are provided with easy and user-friendly access to the complaint form referred to in this paragraph through the use of QR codes. Such QR codes shall be communicated and displayed in a clear and visible manner, including at check-in desks, airport service desks, boarding gates and on the air carrier’s website or equivalent online platform, so as to allow passengers to access the complaint form swiftly and without undue difficulty. The 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 prescribed by the Montreal Convention’.

RemovedCouncil position

RemovedRegulation (EC) No 2027/97

RemovedArticle 2 – paragraph 1 – point 3 a (new), Article 3 – paragraph 2 a (new): (3 a) 2a. The Commission may adopt implementing acts to lay down the form of the standardised claim form. Those implementing acts shall be adopted in accordance with the advisory/examination procedure referred to in Article 6f(2).

RemovedCouncil position

RemovedRegulation (EC) No 2027/97

RemovedArticle 2 – paragraph 1 – point 5, Article 5 – paragraph 3 a (new): 3 a. If baggage is lost, delayed or damaged, air carriers shall first compensate the passengers with whom they have concluded a contract before being able to bring any claim against the airports or service providers for the damage, for which they are not necessarily responsible.

RemovedCouncil position

RemovedRegulation (EC) No 2027/97

RemovedArticle 2 – paragraph 1 – point 6 – point a, Article 6 – paragraph 1: 1. All air carriers shall, when selling carriage by air in the Union, provide passengers in a clear and accessible manner with comprehensive information on the applicable procedures to be followed in the event of lost, delayed or damaged baggage. Air carriers shall ensure that a summary of the main provisions governing liability for passengers and their baggage, including deadlines for filing an action for compensation and the possibility of making a special declaration for baggage, is made available to passengers at all points of sale, including sale by telephone and via the Internet. In order to comply with this information requirement, Union air carriers shall use the notice contained in the Annex. Such summary or notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of this Regulation or the Montreal Convention.

RemovedCouncil position

RemovedRegulation (EC) No 2027/97

RemovedArticle 2 – paragraph 1 – point 6 – point a a (new), Article 6 – paragraph 1 a (new): (a a) the following paragraph is inserted: / 1a. All air carriers shall, when selling carriage by air in the Union, ensure that a summary of the main provisions governing liability for passengers and their baggage, including deadlines for filing an action for compensation and the possibility of making a special declaration for baggage, is made available to passengers at all points of sale, including sale by telephone and via the Internet. In order to comply with this information requirement, Union air carriers shall use the notice contained in the Annex. Such summary or notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of this Regulation or the Montreal Convention. The Commission is empowered to adopt delegated acts in accordance with Article 6d to adjust the amounts mentioned in the Annex, with the exception of the amount mentioned in Article 5(2), in light of a decision by the International Civil Aviation Organization pursuant to Article 24(2) of the Montreal Convention.

RemovedCouncil position

RemovedRegulation (EC) No 2027/97

RemovedArticle 2 – paragraph 1 – point 7, Article 6a – paragraph 1 – subparagraph 1: Whenever carrying checked-in mobility equipment or recognised assistance dogs, the Union air carrier shall make passengers aware of their rights and ensure that each person with disabilities or person with reduced mobility is offered the option to make a special declaration of interest in delivery at destination, in an accessible format, pursuant to Article 22(2) of the Montreal Convention, at booking, at the same time as the notification pursuant to Article 6 of Regulation (EC) No 1107/2006, and at the latest when the equipment is handed over to the air carrier and, in the case of a recognised assistance dog, at boarding. In that case, the Union air carrier shall not charge the passengers concerned an additional fee. The Commission shall adopt implementing acts laying down the model form to be used for such a declaration of interest. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article [6f(2]). Where the equipment is destroyed, lost, damaged or delayed, or in the case of the death of, or injury to, a recognised assistance dog, the Union air carrier may require proof of the cost of replacement, including temporary replacement, of the mobility equipment or the recognised assistance dog from the person with disabilities or person with reduced mobility to support the amount declared in the special declaration of interest.

RemovedCouncil position

RemovedRegulation (EC) No 2027/97

RemovedArticle 2 – paragraph 1 – point 7, Article 6a – paragraph 1 – subparagraph 2: When selling carriage by air on behalf of the Union air carrier, intermediaries shall make passengers aware of their rights and offer the passengers concerned the option to make a special declaration of interest, in an accessible format, pursuant to Article 22(2) of the Montreal Convention, at booking and at the same time as the notification pursuant to Article 6 of Regulation (EC) No 1107/2006. This special declaration of interest shall be given under the same conditions as set out in the first subparagraph. The intermediary shall transmit the declaration to the Union air carrier as soon as possible.

RemovedCouncil position

RemovedRegulation (EC) No 2027/97

RemovedArticle 2 – paragraph 1 – point 7, Article 6a a (new): The following Article is inserted: / Article 6aa / 1. The national enforcement body designated under Article 16 of Regulation (EC) No 261/2004 shall ensure compliance with this Regulation. For this purpose, it shall monitor: / – the terms and conditions of air transport contracts; / – the systematic offer of a special declaration of interest for checked mobility equipment, and of an appropriate level of compensation in case of damage caused to mobility equipment; / – the payment of an advance payment under Article 5(1) when applicable / – the application of Article 6. / 2. For the purpose of monitoring the protection of passengers with reduced mobility and disabled passengers in case of damage to their mobility equipment or assistive devices, the national enforcement body shall also examine and take account of the information on complaints concerning mobility equipment submitted to the bodies designated under Article 16a of Regulation (EC) No 261/2004. / 3. The sanctions laid down by Member States for infringements of this Regulation shall be effective, proportionate and dissuasive. / 4. In their annual reports pursuant to Article 16(6) of Regulation (EC) No 261/2004, the National Enforcement Bodies shall also publish statistics on their activity and on the sanctions applied with regard to the application of this Regulation.

RemovedCouncil position

RemovedRegulation (EC) No 2027/97

RemovedArticle 2 – paragraph 1 – point 7, Article 6b – paragraph 1 – subparagraph 1 a (new): Core travel services and additional charges must be clearly identifiable and capable of being purchased separately from each other.

RemovedCouncil position

RemovedRegulation (EC) No 2027/97

RemovedArticle 2 – paragraph 1 – point 7, Article 6b – paragraph 1 – subparagraph 1 b (new): If hand baggage is moved from the cabin of the aircraft to its hold before boarding or take-off, it must be returned to passengers as they disembark the aircraft, as hand baggage.

RemovedCouncil position

RemovedRegulation (EC) No 2027/97

RemovedArticle 2 – paragraph 1 – point 7, Article 6b – paragraph 2: 2. Without prejudice to Regulation (EC) No 1107/2006, air carriers shall permit passengers to carry a personal item and hand baggage within the maximum dimensions of 100 cm (sum of length, width, and height) in the cabin and at no extra cost in accordance with (EC) No 261/2004. Carry-on baggage allowances may be expressed in maximum dimensions or maximum weights of the total carry-on allowance per passenger, or both, but without any restriction on the specific number of items carried.

RemovedCouncil position

RemovedRegulation (EC) No 2027/97

RemovedArticle 2 – paragraph 1 – point 7, Article 6b – paragraph 4: 4. Paragraphs 2 and 3 shall apply to all air carriers departing from an airport located in the territory of a Member State to which the Treaties apply and to all air carriers arriving in the territory of a Member State to which the Treaties apply.