Changes from plenary report to plenary report

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 2 – point d, Article 2 – paragraph 1 – point q: (q) “air transport contract” means a contract of carriage concluded between an air carrier or its authorised agent and a passenger or passengers, for the provision of one or more flights;

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 2 – point d, Article 2 – paragraph 1 – point r: deleted

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 2 – point d, Article 2 – paragraph 1 – point t: (t) “connecting flight” means a flight under a single contract of carriage or a single booking reference, or both, which, as part of a journey, is intended to enable the passenger to depart from the initial point of departure and to arrive at a transfer point in order to depart on another flight, or is intended to enable the passenger to depart from a transfer point to enable the passenger to reach another transfer point or the passenger’s final destination;

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 2 – point d, Article 2 – paragraph 1 – point za a (new): (za a) "unaccompanied child" means a child travelling without an adult guardian and where the air carrier has accepted responsibility for care in accordance with its published rules;

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 2 – point d, Article 2 – paragraph 1 – point zf a (new): (zf a) “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 261/2004

RemovedArticle 1 – paragraph 1 – point 2 – point d, Article 2 – paragraph 1 – point zf b (new): (zf b) “hand baggage” means a piece of unchecked baggage which is not a personal item and which complies with security and safety requirements.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 3, Article 3 – paragraph 1 – point b: (b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaties apply, unless they received equivalent benefits or compensation and were given assistance in that third country.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 3, Article 3 – paragraph 3: deleted

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 3, Article 3 – paragraph 7: deleted

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 3, Article 3 – paragraph 8 – subparagraph 1: deleted

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 3, Article 3 – paragraph 8 – subparagraph 2: deleted

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 4, Article 4 – paragraph 2 – subparagraph 1: When an operating air carrier reasonably expects to deny boarding on a flight, it shall immediately inform the passengers concerned. The operating air carrier shall, at the same time, specify to the passengers concerned their specific rights under this Regulation applicable to the case, in particular as regards the right to reimbursement, rerouting and compensation and the right to assistance under this Regulation.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 4, Article 4 – paragraph 2 – subparagraph 2: The operating air carrier shall call for volunteers under conditions to be agreed between each volunteer and the operating air carrier. The air carrier shall inform the volunteers of their rights in accordance with this Regulation. The agreement with each volunteer regarding the benefits shall only replace the volunteer’s right to compensation as laid down in Article 7(1) if the volunteer explicitly approves of it by means of a signed document or any digital means on a durable medium. In absence of such an approval, the volunteer shall be immediately compensated by the operating air carrier denying boarding in accordance with Articles 7(1).

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 4, Article 4 – paragraph 4 – subparagraph 2: The operating air carrier denying boarding shall, without undue delay, offer to the passengers concerned, in a clear manner, the choice between reimbursement and rerouting in accordance with Article 8. By way of derogation from Article 8(1), point (a), when the passengers who were denied boarding are entitled to reimbursement it shall be granted immediately.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 4, Article 4 – paragraph 4 – subparagraph 4: The operating air carrier denying boarding to passengers against their will shall immediately compensate the passengers concerned in accordance with Article 7(1).

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 4, Article 4 – paragraph 5: deleted

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 4, Article 4 – paragraph 5 a (new): 5 a. Passenger shall not be denied boarding at the return journey, including one which consists of multiple flights, on the grounds that the passenger did not take the outbound flight of a return ticket or did not pay an additional charge for this purpose. If boarding is denied to passengers against their will on such grounds, this Article shall apply. In addition, the operating air carrier shall immediately compensate the passengers concerned in accordance with Article 7 and shall assist them in accordance with Articles 8 and 9.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 4, Article 4 – paragraph 6: deleted

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 5, Article 5 – paragraph 1 – subparagraph 2: The operating air carrier shall inform the passengers concerned by electronic means of the reasons for the cancellation as soon as this information is available, and in any event no later than 30 minutes after the scheduled departure time.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 5, Article 5 – paragraph 4: 4. Passengers shall have the right to receive compensation from the operating air carrier of the cancelled flight in accordance with Articles 7(1) and 7(3) when they choose a reimbursement in accordance with Article 8(1), point (a) or rerouting in accordance with Article 8(1), point (c), and/or when they reach their final destination with a delay at arrival exceeding the threshold set out in Article 7(2) after they choose rerouting in accordance with Article 8(1), point (b). To that end, the air carrier shall systematically provide the passenger with a pre-filled form in an accessible format and on a durable medium in accordance with Article 16aa of Regulation [2023/0437(COD)] on enforcement of passenger rights in the Union. The air carrier shall provide a reply within the deadline set out in Article 7(5).