Changes from adopted text to adopted text

Removed(ba) 75 % of the cost of the flight price for all flights not falling under (a) or (b), including flights between the European territory of the Member States and the French outermost regions. [Am. 134]

Removed3. Where the flight price is not indicated on the ticket, the compensation referred to in paragraph 2 shall be calculated based on the relevant proportion of the distance of the flight when compared to the total distance covered by the air transport contract, calculated in accordance with Article 7(3).

Removed4. The flight price referred to in this Article excludes taxes and charges indicated on the ticket, as long as neither the requirement to pay those taxes and charges nor their amount depend on the class of transport for which that ticket has been purchased.

Removed5. This Article shall not apply to advantages included in a higher fare within the same class of transportancillary services, such as specific seating or catering, which are independent from the class of transport and sold separately.’; [Am. 135]

Removed(12) the following article is inserted:

Removed‘Article 10a Airport contingency plans

Removed1. At a Union airport which haswith an annual passenger traffic volume of not less than 4of more than 5 million passengers for at least three consecutive years, the airport managing body shall ensure that the operations of the airport managing body and of airport essential service providers, in particular the air carriers, and the suppliers of groundhandling services, are coordinated through a proper contingency plan in view of possible situations of multiple cancellations, of multiple delays of flights, or both, leading to a considerable number of passengers being stranded at the airport. The contingency plan shall be set up to ensure that adequate information is given to stranded passengers and shall contain arrangements in order to minimise their waiting time and discomfort. [Am. 136]

Removed2. Airport contingency plans shall take into account the particular and individual needs of the passengers referred to in Article 11.

Removed3. The contingency plan shall be set up in particular with the participation of the Airport Users Committee referred to in Council Directive 96/67/EC*, of the providers of groundhandling services, and of other airport essential service providers, including special assistance providers for passengers with a disability or with reduced mobility. The contingency plan shall be set up with the participation of the relevant authorities where appropriate. The contingency plan shall also contain the contact data of the person or persons designated by the air carriers participating in the Airport Users Committee in order to represent them on the spot in the case of multiple cancellations, of multiple delays of flights, or both. The air carrier shall ensure that any designated person has the necessary means to assist passengers in accordance with the obligations arising from this Regulation in the case of a disruption. [Am. 137]

Removed4. The airport managing body shall communicate the contingency plan to the Airport Users Committee referred to in Directive 96/67/EC and, upon request, to the national enforcement body entrusted with thedesignated pursuant to Article 16. The national enforcement body shall monitor the compliance of the airport managing body with the requirementsof this Regulation under Article 16(1) of this RegulationArticle. [Am. 138]

Removed5. A Member State may decide that an airport not covered by paragraph 1, located on its territory, is to meet the obligations laid down in paragraphs 1 to 4.

Removed6. At Union airports with annual passenger traffic below the threshold set in paragraph 1 or not covered by a decision of a Member State under paragraph 5, the airport managing body shall make all reasonable efforts to coordinate airport users and to make arrangements with airport users to inform stranded passengers in the case of multiple cancellations, of multiple delays of flights, or both, leading to a considerable number of passengers being stranded at the airport.

Removed______________________

Removed* Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports (OJ L 272, 25.10.1996, p. 36, ELI: http://data.europa.eu/eli/dir/1996/67/oj).’

Removed(13) Article 11 is replaced by the following:

Removed‘Article 11 Passengers with specific needs

Removed-1. The rights of persons with disabilities and persons with reduced mobility laid down under this Article shall be without prejudice to the rights they enjoy under Regulation (EC) No 1107/2006. [Am. 139]

Removed1. All information provided to passengers under this Regulation shall be provided in an accessible format.

Removed2. This Article shall apply to persons with disabilities, persons with reduced mobility, infants, unaccompanied children and pregnant women, provided that the operating air carrier has been notified of their particular needs for assistance at the time when the disruption is announced, at the latest. It shall also apply to persons in need of specific medical assistance provided that the operating air carrier has been notified of their needs for specific medical assistance at check-in, at the latest. Operating air carriers may require a proof of such needs.

RemovedSuch notification shall be deemed to cover all journeys under an air transport contract.

Removed3. At the latest at check-in, and subject to seat availability, Any person accompanying the persons referred to in paragraph 2 or accompanying a child, under the same air transport contract, shall be offered by the air carrier, free of charge, the possibility of being seated in a seat adjacent to that person or child. Where adjacent seats are unavailable, the air carrier shall endeavour to assist the accompanying person(s) to find adjacent seats. [Am. 140]

Removed4. At boarding, operating air carriers shall give priority to persons referred to in paragraph 2 and any person or recognised assistance dogs accompanying them, as well as to children in a pram or a pushchair with their accompanying person. [Am. 141]

Removed4a. Operating air carriers shall ensure, at no additional cost, that infants and children in need of a pram or a pushchair can be transported in a pram or a pushchair up to the boarding gate or aircraft door, and that a pram or a pushchair is made available to them at the aircraft door, unless there are safety, security, capacity or operational constraints. [Am. 142]

Removed4b. Where the airport does not fulfil its obligations under Articles 7 and 8 of Regulation (EU) No 1107/2006 and, as a result, persons with disabilities and persons with reduced mobility or unaccompanied minors miss their flight, the air carrier shall be responsible for compensation, rerouting and assistance of those passengers in accordance with Articles 7, 8 and 9 of this Regulation. By ... [date of application of this amending Regulation], the Commission shall define the detailed arrangements for the application of the respective responsibilities of the air carrier and the airport managing body and the means of redress, through an implementing act in accordance with Article 16bd of this Regulation. This implementing act shall not undermine the air carrier’s responsibilities in relation to the compensation, rerouting and assistance of passengers under this paragraph. [Am. 143]

Removed5. In applying the rerouting and assistance in accordance with Articles 8 and 9, the operating air carrier shall pay particular attention to the needs of the persons referred to in paragraph 2. Air carriers shall provide this rerouting and assistance to those persons, including to any persons or recognised assistance dogs accompanying them, as soon as possible.

Removed6. Article 9(6) shall not apply to a passenger referred to in paragraph 2, or to any persons or recognised assistance dogs accompanying them.’;

Removed(13a) the following article is inserted:

Removed‘Article 11a Right to personal item and hand baggage

Removed1. Passengers shall always have the right to a carry on board one personal item, such as a small bag, handbag, backpack or laptop bag, provided that that it can be safely stowed under the seat in front of the passenger. Air carriers shall not charge the passenger any supplement or additional fees on top of the price of the flight ticket for this personal item. It is mandatory that carriers provide clear, transparent, and easily accessible information on the weight and dimension requirements for the personal item at the time of booking and after the booking is completed, ensuring passengers are fully informed before their journey.

Removed2. Passengers shall always have the right to carry on board one piece of hand baggage. The hand baggage shall not be subject to price supplement on the price of the flight ticket within the maximum dimensions of 100 cm (sum of length, width, and height) and maximum weight of 7 kilos. Air carriers may apply different provisions regarding additional or larger hand baggage.

RemovedThe hand baggage may be stored either in the aircraft cabin (as carry-on baggage) or in the aircraft hold. The carrier may refuse to allow the hand baggage on board only on grounds of security connected with the weight or size of the hand baggage in relation to the characteristics of the aircraft.

RemovedAir carriers shall provide clear, transparent, and easily accessible information on the weight and dimension requirements for the hand baggage at the time of booking and after the booking is completed, ensuring passengers are fully informed before their journey.

Removed3. For the event that a personal item or hand baggage is left behind in the aircraft cabin, the operating and contracting air carriers shall establish in advance which party is responsible for handling any subsequent requests. The designated responsible air carrier shall automatically inform the passengers, upon the completion of booking, regarding the procedure for retrieving forgotten personal items or hand baggage. This information shall be communicated in a clear and comprehensive manner and shall include electronic contact details, applicable forms, and any other pertinent details necessary for the passenger to initiate a request.’; [Am. 144]

Removed(13b) the following article is inserted:

Removed‘Article 11aa Right to transfer a ticket in the case of death of the passenger concerned or of a close family member

Removed1. A transfer of a ticket to another person shall be permitted in the event of the death of the passenger concerned or of a close family member. The passenger concerned by the loss or the person handling the deceased passenger’s affairs may request the transfer of the ticket upon presentation of appropriate supporting documentation on a durable medium.

Removed2. Air carriers, operators or intermediaries shall be obliged to process such requests under transparent and fair conditions.

Removed3. Where such a request is provided at least 72 hours prior to the flight and upon presentation of appropriate supporting documentation on a durable medium, it shall in all cases be considered reasonable and shall not be subject to any additional charge.

Removed4. Where such a request is provided in the 72 hours prior to the flight departure and upon presentation of appropriate supporting documentation on a durable medium, the air carrier or the intermediary shall inform the transferor of any possible charges that may be incurred. These charges must be reasonable and must not exceed the actual cost borne by the carrier or intermediary for transfer of the ticket.’; [Am. 145]

Removed(13c) the following article is inserted:

Removed‘Article 11b Check-in

Removed1. 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.

Removed2. Passengers shall have the right to choose, at their discretion, to use a boarding pass either in paper format or in digital format.’; [Am. 146]

Removed(14) Article 12 is replaced by the following:

Removed‘Article 12 Further rights

Removed1. This Regulation shall not affect rights of passengers granted under other legal acts including Directive (EU) 2015/2302, unless otherwise provided for in this Article.

RemovedThe compensation granted under Article 7 or Article 10(2) of this Regulation shall be deducted from compensation or price reduction granted under other legal acts such as Directive (EU) 2015/2302, if the rights for which the compensation or price reduction is granted safeguard the same interest or have the same objective. Similarly, the compensation or price reduction granted under other legal acts such as Directive (EU) 2015/2302 shall be deducted from compensation granted under Article 7 or Article 10(2) of this Regulation, if the rights for which the compensation or price reduction is granted safeguard the same interest or have the same objective.

RemovedNotwithstanding the right of a package travel organiser to seek redress or refunds in accordance with Article 22 of Directive (EU) 2015/2302, without prejudice to Article 13 of this Regulation, and by way of derogation from Article 8(1), point (a), if the flight is part of a package travel contract as defined in Article 3, point (3), of Directive (EU) 2015/2302, passengers shall have no right to reimbursement under this Regulation insofar as a corresponding right arises from Directive (EU) 2015/2302.

Removed2. Without prejudice to relevant principles and rules of national law, including case‑law, paragraph 1 shall not apply to volunteers under the conditions set out under Article 4(2).

Removed3. When compensation or a reimbursement has already been paid to the passenger under the legislation of a third country, the amount of such compensation or a reimbursement shall be deducted from the amount of the compensation or a reimbursement granted under this Regulation.’;

Removed(14a) the following article is inserted:

Removed‘Article 12a Correction of spelling mistakes

Removed1. 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.

Removed2. The request referred to in paragraph 1 may be submitted by:

Removed(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;

Removed(b) an intermediary in relation to the name of a passenger in respect of whom the intermediary has made the booking.

RemovedAny correction or update made pursuant to paragraph 1 may not constitute a transfer of ticket from the passenger to another person.’; [Am. 147]

Removed(15) Article 13 is replaced by the following:

Removed‘Article 13 Right of redress

RemovedIn 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.’; [Am. 148]