Changes from plenary report to plenary report

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 8, Article 7 – paragraph 2 – point a: deleted

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 8, Article 7 – paragraph 2 – point b: deleted

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 8, Article 7 – paragraph 4: 4. Where the passengers have chosen to continue their journey pursuant to Article 8(1), points (a), (b) or (c), and a further disruption occurs during rerouting, the passenger’s right to compensation shall be upheld during rerouting to their initial point of departure or to their final destination.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 8, Article 7 – paragraph 4 a (new): 4 a. The compensation referred to in paragraph 1 shall be paid by electronic bank transfer to the account indicated by the passenger submitting the request. The operating air carrier and the passenger submitting the request may agree, on a durable medium, that the compensation be paid only by credit card or cash.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 8, Article 7 – paragraph 4 b (new): 4 b. The burden of proof to establish when and how the passenger accepted the agreement concerning the form of payment of compensation set out in paragraph 4a of this Article shall rest with the operating air carrier.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 8, Article 7 – paragraph 5 – subparagraph 1: Requests for compensation under this Article shall be submitted by the passenger using the pre-filled common form sent by the operating air carrier within one year from the date on which the flight was performed or was scheduled to be performed. Within seven working days of the submission of the request, the operating air carrier shall either pay the compensation or provide the passenger with a justification for not paying the compensation in accordance with Article 5(5) or Article 6(6) and Article 6c, including, if applicable, a clear and substantiated explanation on extraordinary circumstances.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 8, Article 7 – paragraph 6: deleted

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 9, Article 8 – paragraph 1 – introductory part: In the case of a disruption, the operating air carrier shall, without any further consideration and under the conditions set out in Articles 4, 5, 6, or 6b and in this Article, offer the passengers a choice between the following options, to be provided free of charge:

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 9, Article 8 – paragraph 1 – subparagraph 1 – point a: (a) automatic reimbursement following the completion via the pre-filled common form within seven working days from the passenger’s request of the disrupted flight indicated on the passenger’s ticket, only by electronic bank transfer, credit card refund or bank order to the account indicated by the authorised passenger of the full cost of the tickets, for the part or parts of the journey or journeys not made, and for the part or parts of the journey or journeys already made if the flight is no longer serving any purpose in relation to the passenger's original travel plans, together with, where relevant, a return flight to the initial point of departure, at the earliest opportunity after the time of departure indicated on the passenger’s ticket or, in agreement with the passenger, before that time.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 9, Article 8 – paragraph 1 – subparagraph 1 – point b: (b) continuation of the passenger’s journey under comparable transport conditions, by rerouting the passenger to his or her final destination at the earliest opportunity after the time of departure indicated on the passenger’s ticket or, in agreement with the passenger, before that time; or

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 9, Article 8 – paragraph 1 – subparagraph 1 – point c: (c) rerouting, under comparable transport conditions, to their final destination at a later date at the passenger’s convenience, subject to availability of seats.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 9, Article 8 – paragraph 1 – subparagraph 1 a (new): The operating air carrier shall provide the information to the passengers pursuant to this Article in a clear and unambiguous manner by electronic means, and at the passenger´s request by other means, such as in a paper form.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 9, Article 8 – paragraph 1 – subparagraph 2: deleted

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 9, Article 8 – paragraph 2: 2. In order for the passenger to reach his or her destination as determined under paragraph 1 at the earliest opportunity and with a total travel time as close as reasonably possible to the scheduled total travel time of the original flight, the operating air carrier shall, subject to availability and provided that these are under comparable transport conditions as set out in the air transport contract, offer at least one of the following alternative options for the passenger’s consideration and agreement in a signed document or any other digital means on a durable medium:

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 9, Article 8 – paragraph 2 – point b: (b) a different routing between the same airports of departure and of arrival as stated in the air transport contract;

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 9, Article 8 – paragraph 2 – point b a (new): (b a) rerouting to or from alternative airports to the airports stated in the air transport contract, in which case, the operating air carrier shall bear the cost of transferring the passenger between the airport stated in the air transport contract and the alternative airport;

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 9, Article 8 – paragraph 2 – subparagraph 2 b (new): In the event of rerouting via another mode of transport or with another air carrier, the operating air carrier shall remain responsible for information, assistance and rerouting only until the departure of that rerouting service. The operating air carrier shall remain responsible for compensation for delay at arrival at the final destination in accordance with Article 7. The carrier operating the rerouting service shall be responsible for all other rights connected to that service in accordance with the applicable Union law on passenger rights for that mode of transport.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 9, Article 8 – paragraph 3 – subparagraph 1: Where a passenger informed the operating air carrier of his or her choice to continue his or her journey in accordance with paragraph 1, point (b) and paragraph 4, and if the operating air carrier has not offered within three hours a rerouting under comparable transport conditions, the passenger may arrange his or her own rerouting in accordance with paragraph 2. If the passenger chooses to arrange his or her own rerouting, the passenger shall inform the operating air carrier accordingly. The passenger shall have the right to refuse re-routing options if those re-routing options are not under comparable transport conditions, and, in such case, shall maintain his or her rights to assistance in accordance with Article 9 while waiting for the re-routing.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 9, Article 8 – paragraph 3 – subparagraph 3: When arranging their own rerouting, the passengers shall limit the expenses to those that are necessary, reasonable and appropriate. The operating air carrier shall reimburse the expenses not exceeding 400 % of the full cost of the ticket or tickets incurred by the passenger within seven working days of the submission of the request

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 9, Article 8 – paragraph 4 a (new): 4 a. The operating air carrier shall provide the information to the passengers pursuant to this Article in a clear and unambiguous manner by electronic means, and at the passenger´s request by other means, such as in a paper form. The burden of proof concerning the passenger's choice shall rest with the operating air carrier. To that end, the operating air carrier shall also ensure that the choice made by the passenger pursuant to this Article is confirmed by means of a signed document or any digital means on a durable medium.