Changes from adopted text to adopted text

Removed4. 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. [Am. 201]

RemovedArticle 6b

Removed1. Without prejudice to Regulation (EC) No 1008/2008, when selling carriage by air to, from or within the Union, all air carriers and intermediaries shall clearly indicate in an accessible format at booking, as well as on their mobile applications and on their website, and furthermore, in the case of air carriers, make available on request at the airport (including at self-service check-in machines):

Removed– the maximum baggage allowance in terms of dimension and weight that passengers are permitted to carry within the cabin, and in the hold of the aircraft, corresponding to the fare for the class of transport for each of the flights included within a passenger’s reservation;

Removed– any restrictions on the number of items that would be applied within a given maximum baggage allowance;

Removed– the conditions under which fragile or valuable items, such as musical instruments, sports equipment, children’s pushchairs and infant seats shall be transported in the passenger cabin or in the cargo hold of the aircraft;

Removed– without prejudice to paragraph 2, potential additional charges applied for the carriage of checked and unchecked baggage, including musical instruments referred to in Article 6c,

Removed– the specific reasons which may preclude the carriage in the cabin of unchecked baggage pursuant to paragraph 3.

RemovedCore travel services and additional charges must be clearly identifiable and capable of being purchased separately from each other. [Am. 202]

RemovedIf 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. [Am. 203]

Removed2. 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. [Am. 204]

Removed3. Where specific reasons, such as safety reasons, capacity reasons or a change of the aircraft type since the reservation was made, preclude the carriage in the cabin of a personal item referred to in paragraph 2 or of hand baggage, the air carrier may carry that unchecked baggage in the hold of the aircraft, but at no further cost to the passenger.

Removed4. 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 Union air carriers arriving in the territory of a Member State to which the Treaties apply. [Am. 205]

Removed5. This Article does not affect the restrictions on unchecked baggage established by Union rules such as those laid down in Regulation (EC) No 300/2008 of the European Parliament and of the Council*and Commission Implementing Regulation (EU) 2015/1998** and by international security and safety rules.

RemovedArticle 6c

Removed1. A Union air carrier shall permit a passenger to carry a musical instrument in the passenger cabin of an aircraft subject to applicable security and safety rules and the technical specifications and constraints of the aircraft concerned. Musical instruments shall be accepted for carriage within an aircraft cabin provided that those instruments can be stowed safely in a suitable baggage compartment within the cabin or under an appropriate passenger seat. An air carrier may determine thatWhen accepted for carriage within the aircraft cabin, a musical instrument shall form part of a passenger’s uncheckedhand baggage allowance and shall not. The air carrier may determine that additional charges are to apply for hand baggage to be carried in addition to that allowance. [Am. 206]

Removed2. Subject to applicable security and safety rules, Where a musical instrument is too large to be stowed safely in a suitable baggage compartment within the cabin or under an appropriate passenger seat, an air carrier may request the payment of a second fare where such musical instruments are carried as uncheckedhand baggage on a second seat. Furthermore, passengers may be required to select and purchase adjacent seats for bothSuch additional fare shall not be subject to the payment of the relevant airport departure tax. Where a second seat is purchased an air carrier shall make reasonable efforts to seat the passenger and the musical instrument, one always being a window seat for the musical instrument. Where available and if requested, musical instruments shall be carried in a heated part of an aircraft cargo hold subject to applicable safety rules, space constraints and the technical specifications of the aircraft concerned together. [Am. 207]

Removed2a. Where space is available and if requested, musical instruments shall be carried in a heated part of an aircraft cargo hold, subject to applicable safety rules, space constraints and the technical specifications of the aircraft concerned. Air carriers shall provide special tags for clear display on musical instruments to ensure that they are handled with the necessary care. Only instruments that are properly packaged in a rigid and/or hard-shell container specifically designed for such items shall be allowed to be carried as aircraft cargo. [Am. 208]

Removed2b. An air carrier shall clearly indicate at booking and in its terms and conditions the basis on which musical instruments will be transported, including the applicable charges, the facilities for the carriage of musical instruments that are available on the aircraft concerned and the dimensions of these facilities. Where a second seat needs to be booked, passengers shall be offered the possibility of booking that second seat online. [Am. 209]

RemovedArticle 6d

Removed1. The Commission shall be assisted by the Passengers Rights Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Removed2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. [Am. 210]

Removed________________

Removed* Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97, 9.4.2008, p. 72, ELI: http://data.europa.eu/eli/reg/2008/300/oj).

Removed** Commission Implementing Regulation (EU) 2015/1998 of 5 November 2015 laying down detailed measures for the implementation of the common basic standards on aviation security (OJ L 299, 14.11.2015, p. 1, ELI: http://data.europa.eu/eli/reg_impl/2015/1998/oj).’;

Removed(8) Article 7 is replaced by the following:

Removed‘Article 7

RemovedThe Commission shall report to the European Parliament and the Council by … [5three years from the date of entry into force of this amending Regulation] on the operation and the results of this Regulation. The report shall be accompanied, where necessary, by legislative proposal.’; [Am. 211]

Removed(9) the Annex to Regulation (EC) No 2027/97 is replaced by the text set out in Annex II to this Regulation.

RemovedArticle 3

RemovedThis Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

RemovedIt shall apply from … [2 years from the date of entry into force of this amending Regulation]. [Am. 212]

RemovedThis Regulation shall be binding in its entirety and directly applicable in all Member States.

RemovedDone at …,

RemovedFor the European Parliament For the Council

RemovedThe President The President

RemovedANNEX I

Removed‘Annex

RemovedNon-exhaustive lists Exhaustive list of circumstances capable of being considered as extraordinary circumstances and circumstances not to be considered as extraordinary for the purposes of this Regulation [Am. 213]

Removed1. The following circumstances shall be capable of being considered as extraordinary: [Am. 214]

Removed(a) circumstances not connected with the operation of the aircraft, such as: [Am. 215]

Removed(i) natural or environmental disasters which are incompatible with the safe operation of the flight; [Am. 216]

Removed(ii) meteorological conditions and damage to the aircraft linked to meteorological events which are incompatible with flight safety or that have damaged the aircraft in flight or on the tarmac after service release and rendering the safe operation of the flight (such as lightning strikes, hailstones, thunderstorms, severe turbulence or strong wind)impossible; [Am. 217]

Removed(iii) war, political unrest, acts of sabotage or terrorism rendering or insurrection which are incompatible with the safe operation of the flight impossible; [Am. 218]

Removed(iv) cross-border threats to health falling within the scope of Articles 2(1) or 2(4) of Regulation (EU) 2022/2371 of the European Parliament and of the Council1 which are incompatible with the safe operationrisks or medical emergencies necessitating the interruption or deviation of the flight; and concerned; [Am. 219]

Removed(v) collisions between thedamage to an aircraft and a bird or anothercaused by a foreign object which are incompatible with the safe operation of the flightlying on an airport runaway; [Am. 220]

Removed(b) incidents related to a passenger, including: [Am. 221]

Removed(i) unruly behaviour of a passenger incidents within the meaningwhich causes the pilot in command of the Montreal Protocol 2014 which are incompatible with the safe operation ofaircraft to divert the flight or which delay the flight departureconcerned to an airport other than the airport of arrival in order to disembark this passenger or passengers and their baggage; [Am. 222]

Removed(ii) health risks or medical emergencies (such as serious illness) discovered at short notice before the flight departure, or necessitating the interruption or deviation of the flight; [Am. 223]

Removed(c) other incidents, such as: [Am. 224]

Removed(i) security risks, damage caused by acts of sabotage or terrorism, or unlawful acts, which are incompatible with the safe operation of the flight; [Am. 225]

Removed(ii) hidden manufacturing or design defects, revealed, by the manufacturer or a competent authority, and which are incompatible with the safe operation of the flight; [Am. 226]

Removed(iii) unforeseen air traffic management or airport capacity restrictions, or unforeseen closure of airspace, including runway closures by the authorities; [Am. 227]

Removed(iv) partial or full unscheduled closure of an airport, including a general airport system failure, a power outage and an electronic communications collapse, or the activation of the contingency plan by the airport managing body; [Am. 228]

Removed(v) strikesunforeseen labour disputes at the operating air carrier or at essential service providers such as airport managing body,airports and Air Navigation Service Providers, groundhandling service providers, or at the operating air carrier whereexcluding strikes are linked toby airline staff unless originating from demands outside the remit of the operating carrierthat only public authorities can satisfy; [Am. 229]

Removed(vi) unexpected absence of a crew member essential to the operation of the flight, due to illness or death, when it occurs outside the operating air carrier’s home bases or due to a pandemic; [Am. 230]

Removed(vii) damage to thea collision of an aircraft in a parking position with an aircraft of another airline caused whileby the movement of the aircraft is on the ground by third parties for whom the air carrier is not responsible and which is incompatible with the safe operation of the flightother airline; [Am. 231]

Removed(viii) damage to an aircraft tyre caused by a foreign object which is incompatible with the safe operation of the flight; [Am. 232]

Removed(ix) contaminatedthe presence of petrol on a runway resulting in the closure of theof an airport which is incompatible with the safe operation ofand, consequently, the significant delay of a flight to or from this airport, provided the petrol does not come from an aircraft of the air carrier operating the flight; [Am. 233]

Removed(x) unexpected flight safety shortcomings on aircraft equipment not within acceptable levels of operation as defined in the Master Minimum Equipment List or the minimum equipment operating conditions established therein and that could not have been remedied during preventive maintenance (as provided for under paragraph 2, point (a)); and [Am. 234]