Changes from plenary report to plenary report

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 13 c (new), Article 11 b (new): (13 c) the following Article is inserted: / Article 11b / Check-in / 1. Passengers shall have the right to check in either online or at the airport without incurring any additional charges. For this purpose, air carriers may provide self-service check-in stations at the airport to facilitate the check-in process. / 2. Passengers shall have the right to choose, at their discretion, to use a boarding pass either in paper format or in digital format.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 14 a (new), Article 12 a (new): (14 a) the following Article is inserted: / 'Article 12a / Correction of spelling mistakes / 1. The operating air carrier shall, upon receipt of a request submitted at the latest 48 hours before the scheduled time of departure, correct spelling mistakes in a passenger’s name or update a passenger’s name in the case of an administrative change. Such a correction or update shall be made free of charge at least once. / 2. The request referred to in paragraph 1 may be submitted by: / (a) a passenger in relation to that passenger’s name or the name of any passenger whose ticket is part of the same air transport contract as the ticket of the passenger submitting the request; / (b) an intermediary in relation to the name of a passenger in respect of whom the intermediary has made the booking. / Any correction or update made pursuant to paragraph 1 may not constitute a transfer of ticket from the passenger to another person.'

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 15, Article 13 – paragraph 1: In cases where an operating air carrier pays compensation or meets the other obligations incumbent on it under this Regulation, no provision of this Regulation or of national law may be interpreted as restricting its right to seek compensation from any person, including third parties, in accordance with the applicable Union or national law. In particular, this Regulation shall in no way restrict the right of the operating air carrier to seek compensation or to recover its costs from an airport or other third party with whom the operating air carrier has a contract.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 16, Article 14 – paragraph 1: 1. The operating air carrier and the intermediary shall include on its website and mobile application in a clear, accessible and unambiguous manner an information notice specifying rights under this Regulation, including information on the complaint handling process. In order to comply with this requirement, the operating air carrier may use a summary of the provisions of this Regulation prepared and made available to the public by the Commission in all official languages of the Union.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 16, Article 14 – paragraph 2: When offering tickets for a flight or connecting flights and prior to the purchase of such flights, air carriers and intermediaries shall inform the passenger of the following: / (b a) on the core travel services and optional price supplements / (deleted)

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 16, Article 14 – paragraph 3: deleted / (deleted)

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 16, Article 14 – paragraph 4: 4. The airport managing body and operating air carrier shall ensure that at the check-in desks (including at self-service check-in machines), on website and at the boarding gate, the following text is displayed in a manner clearly visible to passengers : “If you are denied boarding or if your flight is cancelled or delayed for at least two hours at departure, or of more than 3 hours at arrival at your final destination, ask at the check-in counter or boarding gate for the information notice stating your rights, particularly with regard to reimbursement or rerouting, assistance and possible compensation”. That text shall be displayed at least in the language or languages of the location of the airport and in a language that is internationally used. The airport managing body and operating air carrier shall also ensure that at the check-in desks, next to the text, a QR code or any other technical means is displayed to access the mobile application of the Commission on passenger rights containing a summary of this Regulation. To that end, airport managing bodies shall cooperate with operating air carriers.;

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 16, Article 14 – paragraph 4 a (new): 4 a. At the time of booking, the operating air carriers shall provide information to passengers on the complaint handling processes and the relevant time limits as defined in Article 15 aa. Information on complaint handling shall also be accessible on the air carriers’ and intermediaries’ websites and applications and shall be communicated in the email that notifies passengers of any event that could give rise to the rights enshrined in this Regulation.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 16, Article 14 – paragraph 4 b (new): 4 b. Air carriers shall set up, at each airport where they operate, contact points at which they shall ensure the presence of contact personnel or a third party commissioned by the air carrier concerned, to provide passengers with the necessary information regarding their rights, including complaint procedures, in order to assist them and to take immediate action in the event of cancelled or delayed flights, denied boarding or lost or delayed baggage. During the air carriers operating hours and until the last passenger disembarks from the last airplane and for the duration of time that can be reasonably expected to complete passport and customs formalities, retrieve any checked-in luggage and arrive at the designated contact point at an unhurried pace, those contact points shall be available for the purpose of assisting passengers concerning inter alia, reimbursement, re-routing, rebooking and of accepting the lodging of their complaints.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 16, Article 14 – paragraph 4 c (new): 4 c. The operating air carrier shall provide the passengers with clearly legible and transparent information about passenger rights and contacts for help and assistance on electronic tickets and electronic and printed versions of a boarding card.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 16, Article 14 – paragraph 4 d (new): 4 d. In the event of any travel disruption that would give rise to the rights set out in this Regulation, the operating air carrier shall, as soon as possible, fully inform the affected passengers and provide them with a notice setting out the rules for reimbursement, rerouting, compensation and assistance in line with this Regulation, including information on possible limitations pursuant to Article 9(4), where relevant, the operating air carrier shall also send the passenger the pre-filled common form pursuant to Article 15a. The contact details of the national enforcement body or other body designated under Article 16 shall also be given to the passenger in written form.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 16, Article 14 – paragraph 4 e (new): 4 e. Air carriers and intermediaries, where relevant, shall provide the information pursuant to this Article in the language of the air transport contract and a in language that is used internationally and on a durable medium.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 16, Article 14 – paragraph 4 f (new): 4 f. The information for, and the correspondence with, passengers under this Regulation shall be provided by electronic means, where technically possible. Where information is provided by such means, air carriers and intermediaries shall ensure that any written correspondence, including the date and time of such correspondence, can be kept for further reference. The burden of proof concerning the questions as to whether and when they have provided the necessary information to passengers shall rest with air carriers and intermediaries. All means of communication shall enable the passenger to contact air carriers and intermediaries quickly, free of charge and to communicate effectively.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 16, Article 14 – paragraph 4 g (new): 4 g. In respect of blind and visually impaired persons, persons with cognitive or intellectual disabilities, and persons with reduced mobility, this Article shall be applied using appropriate alternative and accessible means.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 16, Article 14 – paragraph 4 h (new): 4 h. The airport managing body shall ensure that general information on passenger rights is clearly and visibly displayed within the passenger areas of the airport. On the basis of the information received, it shall also ensure that passengers present at the airport are informed about the causes in cases of delays and flight disruptions, such as the cancellation of their flight, and their rights in relation to those delays and disruptions, and about their rights in the event that the airline unexpectedly ceases operations, for example in the event of its insolvency or revocation of its operating licence.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 16, Article 14 – paragraph 4 i (new): 4 i. In the event of cancellation or delay at departure, passengers shall be informed by the operating air carrier of the situation, including of the cause of the disruption, as soon as this information is available, and in any event no later than 30 minutes after the scheduled departure time, and of the estimated departure time, provided that the air carrier has received the passenger's contact details in accordance with [*Enforcement Regulation] in case the ticket was acquired via an intermediary.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 16, Article 14 – paragraph 4 j (new): 4 j. Air carriers and intermediaries shall provide accessible and effective telephone assistance for all passengers once a flight has been booked; this telephone assistance service shall provide information and alternative proposals in the event of flight disruption and shall under no circumstances exceed the cost of a local call.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 16, Article 14 – paragraph 4 k (new): 4 k. Any electronic communication to the passenger notifying him or her of cancellation, long delay, or change of schedule shall state prominently that the passenger may be entitled to compensation and/or assistance under this Regulation.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 17, Article 15a – paragraph 1: 1. Each air carrier and intermediary shall set up a complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 17, Article 15a – paragraph 2: 2. Passengers may submit a complaint to any air carriers or intermediaries regarding their respective fields of responsibility via the mechanisms referred to in paragraph 1. Such a complaint shall be submitted within one year from the date on which the flight departed or was scheduled to depart.