Text · Amendment list
Proposal for a Regulation of the European Parliament and of the Council amending Regulations (EC) No 261/2004, (EC) No 1107/2006, (EU) No 1177/2010, (EU) No 181/2011 and (EU) 2021/782 as regards enforcement of passenger rights in the Union
Full title
Proposal for a Regulation of the European Parliament and of the Council amending Regulations (EC) No 261/2004, (EC) No 1107/2006, (EU) No 1177/2010, (EU) No 181/2011 and (EU) 2021/782 as regards enforcement of passenger rights in the Union
Document TRAN-AM-771913 · COM(2023)753 – C9-0434/2024 – 2023/0437(COD)
- Kind
- Amendment list TRAN-AM-771913
- Date
- 1 April 2025
- Committee
- Committee on Transport and Tourism
- Dossier
- 2023-0437
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- COM(2023)753 – C9-0434/2024 – 2023/0437(COD)
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| Text proposed by the Commission | Amendment |
|---|---|
| (2a) In the interest of fair international competition and in order to ensure that passengers are protected by a uniform and coherent framework of rights, Regulation (EC) No 261/2004 should apply to all flights within the Union, as well as to all flights departing from or arriving in the Union. |
The current scope of Regulation creates an asymmetry in passenger protection, as it applies to all departing flights from the EU, but only to incoming flights operated by Union carriers. This distinction results in unequal treatment of passengers travelling under similar circumstances, solely based on the nationality of the air carrier. Moreover, it results in unequal treatment of Union carriers, who are subject to passenger rights obligations on both inbound and outbound flights, while third-country carriers are only bound when departing from the EU. Extending the Regulation to all arriving flights ensures a level playing field, reinforces passenger rights, and enhances fair competition.
| Text proposed by the Commission | Amendment |
|---|---|
| (4a) The carriers should share all necessary information with contracted intermediaries. This enables them to ensure that passengers receive the required information. |
The sharing of information with intermediaries by the carrier faces a dilemma. Passengers need full access to journey details, regardless of the booking source. However, carriers may restrict data sharing due to contractual freedom and security concerns, especially with intermediaries in third countries. To address this dilemma, a distinction is made between intermediaries who have a contractual relationship with the carrier and those who do not.
| Text proposed by the Commission | Amendment |
|---|---|
| (5) At present, as regards air tickets booked via an intermediary, the reimbursement process is unclear and should therefore be clarified. The intermediaries are involved in the reimbursement process in two different ways: either they transmitted the passenger’s (credit card) payment details directly to the carrier (‘pass-through’ intermediary), and the air carrier reverses the original payment flow so that the reimbursement arrives directly on the passenger’s account. Or the intermediary paid the air carrier from its own account (‘Merchant of Record’ intermediary), and when the air carrier reverses the payment flow, the reimbursement payment arrives on the intermediary’s account. The intermediary then transfers the final reimbursement payment to the passenger. Passengers are often not aware which reimbursement process the intermediary chooses. The intermediary and the air carrier should inform the passenger about the reimbursement process. In particular, the air carrier should state publicly whether it cooperates with intermediaries for the processing of reimbursements, and if so with which it does so. | (5) At present, as regards air tickets booked via an intermediary, the reimbursement process is unclear and should therefore be clarified. The intermediaries are involved in the reimbursement process in two different ways: either they transmitted the passenger’s (credit card) payment details directly to the carrier (‘pass-through’ intermediary), and the air carrier reverses the original payment flow so that the reimbursement arrives directly on the passenger’s account. Or the intermediary paid the air carrier from its own account (‘Merchant of Record’ intermediary), and when the air carrier reverses the payment flow, the reimbursement payment arrives on the intermediary’s account. The intermediary then transfers the final reimbursement payment to the passenger. Passengers are often not aware which reimbursement process the intermediary chooses. The intermediary and the air carrier should inform the passenger about the reimbursement process. In particular the intermediary should state publicly, including visibly, during the process of booking, whether it cooperates with the relevant air carrier. |
| Text proposed by the Commission | Amendment |
|---|---|
| (5a) The carrier should reimburse the full amount received for the ticket from the intermediary, excluding any fees charged by the intermediary, and, when applicable, provide a return service to the original departure point at the earliest opportunity. The intermediary shall refund the amount transferred by the carrier, as well as the fees charged. |
| Text proposed by the Commission | Amendment |
|---|---|
| (9a) The airline industry should collaborate to establish standardized minimum dimensions for cabin luggage. These standards should align with the safety, operational, and technical requirements of various aircraft types and configurations. Airlines must also communicate carry-on baggage dimensions clearly to passengers. However, pricing freedom should be upheld, since it brings price advantages for both the passenger and the airline. |
| Text proposed by the Commission | Amendment |
|---|---|
| (9b) A proactive, collaborative approach is needed to identify and remove accessibility barriers for PRMs while maintaining aviation safety as the top priority. To ensure consistency and a data-based legislation, a comprehensive study should assess how PRMs are accommodated by airlines and airports and thus eventually identifying inconsistencies in current practices. Particular attention should be paid to the fact that, according to Article 4(1) of Regulation (EC) No 1107/2006 (PRM Regulation), airlines may only refuse carriage to PRMs based on their disability or reduced mobility due to safety reasons, and it is questionable whether there are different interpretations of the latter. Coordination between EASA, the airline industry, airports and representatives of PRM is essential to establish clear, uniform safety criteria. Based on the findings, EASA should set common standards for European flights, with efforts to align globally through ICAO. |
Borja Giménez Larraz, Dolors Montserrat, Elena Nevado del Campo, Pablo Arias Echeverría, Pilar del Castillo Vera, Susana Solís Pérez
| Text proposed by the Commission | Amendment |
|---|---|
| (11) Information provided to passengers on their rights before and during their journeys should lead to enhanced awareness. Such information should be concise and made easily, prominently, and directly available. It should be provided in a clear and comprehensible manner, and by electronic means as far as possible. | (11) Information provided to passengers on their rights before and during their journeys should lead to enhanced awareness. Such information should be concise and made easily, prominently, and directly available. It should be provided in a clear and comprehensible manner. |
| While electronic means represent the fastest and most efficient method of transmitting information to travellers, physical service desks should be preserved to ensure more accessible assistance for passengers, particularly for vulnerable collectives. |
| Text proposed by the Commission | Amendment |
|---|---|
| (11) Information provided to passengers on their rights before and during their journeys should lead to enhanced awareness. Such information should be concise and made easily, prominently, and directly available. It should be provided in a clear and comprehensible manner, and by electronic means as far as possible. | (11) Information provided to passengers on their rights before and during their journeys should lead to enhanced awareness. Air carriers and tour operators shall, digitally and proactively, duly inform passengers of their rights in the event that they are denied boarding or their flight is cancelled or delayed. Such information should be concise and made easily, prominently, and directly available. It should be provided in a clear and comprehensible manner, and by electronic means as far as possible. |
| Text proposed by the Commission | Amendment |
|---|---|
| (13) Carriers and terminal managers should define, manage and monitor service quality standards for all passenger services, reflecting the operational features of each mode. Those service quality standards should refer inter alia to delays, cancellations, assistance to persons with disabilities and persons with reduced mobility, complaint handling mechanisms, customer satisfaction, and cleanliness. Carriers should also make information on their service quality standards publicly available. | (13) Carriers and terminal managers should define, manage and monitor service quality standards for all passenger services, reflecting the operational features of each mode. Those service quality standards should refer inter alia to delays, cancellations, assistance to persons with disabilities and persons with reduced mobility, complaint handling mechanisms, customer satisfaction, and cleanliness, including European standards for on-board waste management. Carriers should also make information on their service quality standards publicly available. |
Borja Giménez Larraz, Dolors Montserrat, Elena Nevado del Campo, Pablo Arias Echeverría, Pilar del Castillo Vera, Susana Solís Pérez
| Text proposed by the Commission | Amendment |
|---|---|
| (14) Regarding air passenger rights, air carriers should strive to establish industry standards on the weight and dimensions of hand luggage with a view to limiting the current proliferation of different practices and enhancing the passenger travel experience, and report on their adherence to those standards as part of their service quality management systems. The publication of implementation reports by carriers on their quality standards should allow users to compare and make informed choices, encourage competition based on the quality of services, and facilitate uniform monitoring and enforcement by the national enforcement bodies. | (14) In accordance with the CJEU ruling in case C-487/12, baggage that is not checked in must be considered, in principle, as constituting "a necessary aspect of the carriage of passengers and that its carriage cannot, therefore, be made subject to a price supplement, on condition that such hand baggage meets reasonable requirements in terms of its weight and dimensions and complies with applicable security requirements". |
| In accordance with the Resolution 2023/2774(RSP), air passenger rights regulation should ensure its objective of raising standards of protection and of information for passengers, strengthening their rights and ensuring that air carriers operate under harmonised conditions in a liberalised market, thereby facilitating the travel experience, including hand baggage dimensions and weight. | |
| Considering that there is still a lack of uniformity in the criteria used to inform travellers about their rights when travelling by air. |
| Text proposed by the Commission | Amendment |
|---|---|
| (14) Regarding air passenger rights, air carriers should strive to establish industry standards on the weight and dimensions of hand luggage with a view to limiting the current proliferation of different practices and enhancing the passenger travel experience, and report on their adherence to those standards as part of their service quality management systems. The publication of implementation reports by carriers on their quality standards should allow users to compare and make informed choices, encourage competition based on the quality of services, and facilitate uniform monitoring and enforcement by the national enforcement bodies. | (14) The regulation on air passenger rights should effectively uphold its objective of enhancing the level of protection and information available to passengers, strengthening their rights, and ensuring that air carriers operate under harmonised conditions, including with regard to the dimensions of hand baggage. In line with the ruling of the Court of Justice of the European Union in Case C-487/12, hand baggage—defined as luggage not checked into the hold—constitutes an essential aspect of passenger transport, provided that it meets reasonable requirements concerning weight and dimensions. Accordingly, its carriage should not be subject to an additional charge. |
This amendment ensures equal and transparent treatment of passengers by establishing a basic right to carry hand luggage without extra charge. Currently, divergent airline policies cause confusion and hidden costs. The CJEU ruling in Case C-487/12 (Vueling Airlines) confirmed that hand luggage meeting reasonable size and weight limits forms an essential part of air transport and must not be subject to additional fees. This provision aligns with that judgment while preserving safety-related exceptions.
| Text proposed by the Commission | Amendment |
|---|---|
| (14) Regarding air passenger rights, air carriers should strive to establish industry standards on the weight and dimensions of hand luggage with a view to limiting the current proliferation of different practices and enhancing the passenger travel experience, and report on their adherence to those standards as part of their service quality management systems. The publication of implementation reports by carriers on their quality standards should allow users to compare and make informed choices, encourage competition based on the quality of services, and facilitate uniform monitoring and enforcement by the national enforcement bodies. | (14) Regarding air passenger rights, air carriers should strive to establish industry standards on the weight and dimensions of the personal item and the hand luggage with a view to limiting the current proliferation of different practices and enhancing the passenger travel experience, and report on their adherence to those standards as part of their service quality management systems. The publication of implementation reports by carriers on their quality standards should allow users to compare and make informed choices, encourage competition based on the quality of services, and facilitate uniform monitoring and enforcement by the national enforcement bodies. |
| Text proposed by the Commission | Amendment |
|---|---|
| (14a) To ensure the effective and consistent enforcement of air passenger rights, additional clarity shall be provided on what constitutes extraordinary circumstances, in line with established case law. A distinction shall be made between events originating internally and those originating externally to the air carrier. Events shall be considered external when they arise from circumstances beyond the air carrier’s control and result from a natural event or an act of a third party. Such external events shall be generally qualified as extraordinary circumstances. Events that do not meet these criteria shall be deemed internal and shall not be qualified as extraordinary circumstances. |
| Text proposed by the Commission | Amendment |
|---|---|
| (14a) The non-exercise by the passenger of his or her right to board the aircraft, where this arises from failure by the service provider to comply with its contractual obligations, shall trigger a chain of compensation for damages. In such situations, air carriers should offer passengers not only the compensation set out in Article 7 of this Regulation, but also reimbursement of the additional costs and losses incurred by passengers resulting directly from cancellation, denied boarding or delay. This shall include, but not be limited to, accommodation, car hire, alternative transport, meals and any other justified additional costs incurred by the passenger. |
| Text proposed by the Commission | Amendment |
|---|---|
| (14a) In accordance with the CJEU ruling in case C-487/12, hand baggage (i.e. luggage that is not checked in) must be considered as constituting a ‘necessary aspect’ of the carriage of passengers on condition that such baggage meets ‘reasonable requirements’ in terms of its weight and dimensions, and that its carriage cannot, therefore, be made subject to a price supplement; |
| Text proposed by the Commission | Amendment |
|---|---|
| (14b) Regarding air passenger rights, the imposition of seat assignment fees for families with children, particularly when children are seated next to one parent while the other parent is seated separately, as well as the charging of additional fares for children, especially infants who travel on a guardian’s lap, constitutes undue pressure on families to pay extra fees. Such practices may be deemed discriminatory, warranting careful scrutiny for potential violations of consumer protection and non-discrimination principles. |
| Text proposed by the Commission | Amendment |
|---|---|
| (14b) Greater clarity needs to be provided in the cases that a personal item or hand luggage is left behind or lost in the aircraft cabin in order to facilitate the handling of such requests, ensuring a streamlined process and preventing any additional burden or miscommunication for passengers. |
| Text proposed by the Commission | Amendment |
|---|---|
| (15) To make it easier for passengers to request reimbursement or compensation in accordance with the Regulations concerned, forms that are valid throughout the Union should be established for such requests. Passengers should have the possibility to submit their requests by using such a form. | (15) To facilitate passengers’ requests for reimbursement or compensation in accordance with the regulations in force, air carriers shall be obliged to implement a digitalised and accessible system for the management of such requests. Thus, in the case of denied boarding, cancellation or the lengthy delay of a flight, passengers must receive an SMS or email with a personalised link to the digital platform on which they can access and submit their claim for compensation. This method will obviate the need to complete additional forms, thereby simplifying the compensation process. |
| Text proposed by the Commission | Amendment |
|---|---|
| (17) In the light of Article 9 of the United Nations Convention on the Rights of Persons with Disabilities and in order to give persons with disabilities and persons with reduced mobility opportunities for air travel comparable to those of other citizens, if an air carrier, its agents or a tour operator requires a person with disabilities or person with reduced mobility to be accompanied by another person who is capable of providing the assistance required by applicable safety requirements established by international, Union or national law or by the competent authorities, the accompanying person should travel free of charge. In addition, it should be aligned with the existing rights in rail, bus and coach and waterborne transport modes in the Union. In addition, if information to persons with disabilities and reduced mobility is provided in accessible formats, it should be provided in accordance with the applicable legislation such as the accessibility requirements set out in Annex I to Directive (EU) 2019/88212 . | (17) In the light of Article 9 of the United Nations Convention on the Rights of Persons with Disabilities and in order to give persons with disabilities and persons with reduced mobility opportunities for air travel comparable to those of other citizens, if an air carrier, its agents or a tour operator requires a person with disabilities or person with reduced mobility to be accompanied by another person who is capable of providing the assistance required by applicable safety requirements established by international, Union or national law or by the competent authorities, the accompanying person should travel free of charge and have the possibility to sit next to the person with disability and reduced mobility. In addition, it should be aligned with the existing rights in rail, bus and coach and waterborne transport modes in the Union. In addition, if information to persons with disabilities and reduced mobility is provided in accessible formats, it should be provided in accordance with the applicable legislation such as the accessibility requirements set out in Annex I to Directive (EU) 2019/88212 . |
| 12 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70), ELI: http://data.europa.eu/eli/dir/2019/882/oj. | 12 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70), ELI: http://data.europa.eu/eli/dir/2019/882/oj. |
| Text proposed by the Commission | Amendment |
|---|---|
| (17) In the light of Article 9 of the United Nations Convention on the Rights of Persons with Disabilities and in order to give persons with disabilities and persons with reduced mobility opportunities for air travel comparable to those of other citizens, if an air carrier, its agents or a tour operator requires a person with disabilities or person with reduced mobility to be accompanied by another person who is capable of providing the assistance required by applicable safety requirements established by international, Union or national law or by the competent authorities, the accompanying person should travel free of charge. In addition, it should be aligned with the existing rights in rail, bus and coach and waterborne transport modes in the Union. In addition, if information to persons with disabilities and reduced mobility is provided in accessible formats, it should be provided in accordance with the applicable legislation such as the accessibility requirements set out in Annex I to Directive (EU) 2019/88212 . | (17) In the light of Article 9 of the United Nations Convention on the Rights of Persons with Disabilities and in order to give persons with disabilities and persons with reduced mobility opportunities for air travel comparable to those of other citizens, if an air carrier, its agents or a tour operator requires a person with disabilities or person with reduced mobility to be accompanied by another person who is capable of providing the assistance required by applicable safety requirements established by international, Union or national law or by the competent authorities, the accompanying person should travel free of charge and, when possible, sit next to the person with disability and reduced mobility. In addition, it should be aligned with the existing rights in rail, bus and coach and waterborne transport modes in the Union. In addition, if information to persons with disabilities and reduced mobility is provided in accessible formats, it should be provided in accordance with the applicable legislation such as the accessibility requirements set out in Annex I to Directive (EU) 2019/88212 . |
| 12 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70), ELI: http://data.europa.eu/eli/dir/2019/882/oj. | 12 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70), ELI: http://data.europa.eu/eli/dir/2019/882/oj. |
| Text proposed by the Commission | Amendment |
|---|---|
| (17) In the light of Article 9 of the United Nations Convention on the Rights of Persons with Disabilities and in order to give persons with disabilities and persons with reduced mobility opportunities for air travel comparable to those of other citizens, if an air carrier, its agents or a tour operator requires a person with disabilities or person with reduced mobility to be accompanied by another person who is capable of providing the assistance required by applicable safety requirements established by international, Union or national law or by the competent authorities, the accompanying person should travel free of charge. In addition, it should be aligned with the existing rights in rail, bus and coach and waterborne transport modes in the Union. In addition, if information to persons with disabilities and reduced mobility is provided in accessible formats, it should be provided in accordance with the applicable legislation such as the accessibility requirements set out in Annex I to Directive (EU) 2019/88212 . | (17) In the light of Article 9 of the United Nations Convention on the Rights of Persons with Disabilities and in order to give persons with disabilities and persons with reduced mobility opportunities for air travel comparable to those of other citizens, if an air carrier, its agents or a tour operator requires a person with disabilities or person with reduced mobility to be accompanied by another person who is capable of providing the assistance required by applicable safety requirements established by international, Union or national law or by the competent authorities, the accompanying person should travel and be seated next to the person with disability and reduced mobility free of charge. In addition, it should be aligned with the existing rights in rail, bus and coach and waterborne transport modes in the Union. In addition, if information to persons with disabilities and reduced mobility is provided in accessible formats, it should be provided in accordance with the applicable legislation such as the accessibility requirements set out in Annex I to Directive (EU) 2019/88212 . |
| 12 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70), ELI: http://data.europa.eu/eli/dir/2019/882/oj. | 12 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70), ELI: http://data.europa.eu/eli/dir/2019/882/oj. |
| Text proposed by the Commission | Amendment |
|---|---|
| (17a) The European Commission, in cooperation with Member States and organisations representing persons with disabilities and recognised assistance dog handlers, should assess the situation in each Member State, while taking into account their specificities and act, including through legislation, to ensure that recognised assistance dogs are mutually recognised throughout the EU. In case a person with disability is permitted to travel with a recognised assistance dog on the outbound flight, the dog shall be regarded as a recognised assistance dog for the entire duration of the journey, including the return flight, in order to ensure uniform access and non-discrimination throughout the Union. |
| Text proposed by the Commission | Amendment |
|---|---|
| (17a) Infants under 24 months and children under 12 years of age are classified as a ‘Special Category of Passengers’ (SCP) under Union safety legislation. Accordingly, they should be seated—infants with, and children next to—their accompanying parent or guardian free of charge, in order to ensure their safety and well-being during the journey. In the case of children aged between 24 and 36 months, they shall be seated next to their accompanying parent or guardian, with the option for the child to occupy a separate seat or be seated together with the guardian, in accordance with applicable safety standards and the preference of the accompanying adult. |
Sometimes a child between 2 and 3 years old is afraid to seat next to a guardian, and prefers to seat with a parent or guardian. The existing rules force the parent to seat the child in a separate seat, which can create an unpleasant travelling experience for the child.
Borja Giménez Larraz, Dolors Montserrat, Elena Nevado del Campo, Pablo Arias Echeverría, Pilar del Castillo Vera, Susana Solís Pérez
| Text proposed by the Commission | Amendment |
|---|---|
| (17a) The new Recital 17a is inserted: | |
| Infants under 24 months and children under 12 years old are considered a Special Category of Passengers (SCP) according to Regulation (EU) 965/2012. |
| Text proposed by the Commission | Amendment |
|---|---|
| (21a) While consumer protection is a fundamental pillar of a well-functioning internal market, ensuring that travellers can make informed decisions and are safeguarded from unfair, deceptive, or unethical practices. The principles of fair and equitable treatment, transparency, and effective redress mechanisms are central to a high level of consumer protection. This Directive aligns with international standards, including the United Nations Guidelines for Consumer Protection, which advocate for fair business practices, the provision of clear and accessible information, and robust mechanisms for dispute resolution. Strengthening consumer protection in package travel not only upholds these principles but also fosters trust in the travel market, benefiting both travellers and businesses alike. |
| Text proposed by the Commission | Amendment |
|---|---|
| (21b) Whereas mobility equipment, including wheelchairs and assistive devices, is essential for the autonomy and dignity of persons with disabilities and persons with reduced mobility, such equipment should not be considered as standard luggage. The loss or damage of such items has a significantly greater impact on the person concerned and therefore warrants specific treatment, higher standards of care during handling, and distinct liability and compensation provisions. |
Borja Giménez Larraz, Pilar del Castillo Vera, Dolors Montserrat, Susana Solís Pérez, Pablo Arias Echeverría, Elena Nevado del Campo
| Present text | Amendment |
|---|---|
| (-1) The title is replaced by the following: | |
| Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 | "Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 concerning the rights of passengers when travelling by air, and repealing Regulation (EEC) No 295/91. |
| " |
Borja Giménez Larraz, Dolors Montserrat, Elena Nevado del Campo, Pablo Arias Echeverría, Pilar del Castillo Vera, Susana Solís Pérez
| Present text | Amendment |
|---|---|
| (-1) Article 1 is replaced by the following: | |
| 1.This Regulation establishes, under the conditions specified herein, minimum rights for passengers when: | "This Regulation establishes, under the conditions specified herein, minimum rights for passengers when travelling by air. |
| (a) they are denied boarding against their will; | " |
| (b) their flight is cancelled; | |
| (c) their flight is delayed. |
| Present text | Amendment |
|---|---|
| (-1a) In Article 2, point l is replaced by the following: | |
| (l) "cancellation" means the non-operation of a flight which was previously planned and on which at least one place was reserved. | "(l) ‘cancellation’ means the nonoperation of a flight which was previously planned and on which at least one place was reserved. It shall be considered a cancelled flight when the aircraft took off but was subsequently forced to land at an airport other than the airport of destination, or to return to the airport of departure, or where the passengers of the aircraft concerned were transferred to departure on other flights. |
| " |
Borja Giménez Larraz, Dolors Montserrat, Elena Nevado del Campo, Pablo Arias Echeverría, Pilar del Castillo Vera, Susana Solís Pérez
| Text proposed by the Commission | Amendment |
|---|---|
| (-1) in Article 2, the following definition is added: | |
| (m) small bag: a personal item with minimum dimensions of 40x20x25 that the air carrier shall allow the passenger to carry on board, on condition that it fits under the front seat and complies with applicable security requirements. |
Borja Giménez Larraz, Dolors Montserrat, Elena Nevado del Campo, Pablo Arias Echeverría, Pilar del Castillo Vera, Susana Solís Pérez
| Text proposed by the Commission | Amendment |
|---|---|
| (-1) in Article 2, the following definition is added: | |
| (n) hand luggage: a personal item with minimum dimensions of 55x40x20 cm and 8kg as weight that the air carrier shall allow the passenger to carry on board, on condition that it complies with applicable security requirements; the air carrier shall establish the maximum dimensions and weight permitted. |
| Text proposed by the Commission | Amendment |
|---|---|
| (za) ‘automatic payment’ means a refund or compensation payment that is issued to the affected passenger without the need for a formal request or claim. The operating air carrier, intermediary, or transport provider shall process such payments within the required time-frame based on the disruption event, using the original method of payment unless otherwise agreed upon by the passenger. |
| Text proposed by the Commission | Amendment |
|---|---|
| (za) ‘personal item’ means a small bag, such as handbag, backpack or laptop bag that passengers are permitted to bring into the aircraft cabin, subject to size, weight and quantity limitations set by the operating air carrier. Such an item must be capable of being safely stowed under the seat in front of the passenger. |
| Text proposed by the Commission | Amendment |
|---|---|
| (za) “recognised assistance dog” means a dog specifically trained to increase independence and self-determination of persons with disabilities, officially recognised in accordance with applicable national rules, where such rules exist.’ |
| Text proposed by the Commission | Amendment |
|---|---|
| (zb) ‘hand luggage’ or "cabin baggage" or ‘carry-on luggage’ means item of baggage such as larger cabin bags or trolley bags that passengers are permitted to bring into the aircraft cabin, subject to size, weight, and quantity limitations set by the operating air carrier. Such baggage must be capable of being safely stowed in the overhead compartments. |
| Text proposed by the Commission | Amendment |
|---|---|
| (zc) 'recognised assistance dog' means a dog specifically trained to increase independence and self-determination of persons with disabilities, officially recognised in accordance with applicable national rules, where such rules exist. |
| Text proposed by the Commission | Amendment |
|---|---|
| (za) ‘service quality standards’ means key performance indicators measuring the level of performance and elements of compliance based on the items listed in Annex II which are under the direct responsibility of air carriers or the airport managing body.’ |
This amendment ensures a clearer and more precise interpretation of service quality standards, aligning them with existing regulations and the Commission’s 2023 proposal on the enforcement of passenger rights. By doing so, it provides a well-defined legal framework for both air carriers and airport managing bodies, reducing ambiguities and ensuring compliance.
| Text proposed by the Commission | Amendment |
|---|---|
| (za) ‘service quality standards’ means key performance indicators measuring the level of performance and elements of compliance based on the items listed in Annex 2 which are under the direct responsibility of air carriers or the airport managing body.’ |
This amendment ensures a clearer and more precise interpretation of service quality standards, aligning them with existing regulations and the Commission’s 2023 proposal on the enforcement of passenger rights. By doing so, it provides a well-defined legal framework for both air carriers and airport managing bodies, reducing ambiguities and ensuring compliance.
| Text proposed by the Commission | Amendment |
|---|---|
| (za) ‘service quality standards’ means key performance indicators measuring the level of performance and elements of compliance based on the items listed in Annex 2 which are under the direct responsibility of air carriers or the airport managing body.’ |
| Present text | Amendment |
|---|---|
| (1a) Article 3 is amended as follows: | |
| Article 1 | "Article 1 |
| Scope | Scope |
| 1. This Regulation shall apply: | 1. This Regulation establishes, under the conditions specified herein, mandatory and automatic compensation and assistance mechanisms for passengers when: |
| (a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies; | (a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies; |
| (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 Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier. | (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 Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier. |
| " |
| Present text | Amendment |
|---|---|
| (1a) In Article 4, paragraph 3 is replaced by the following: | |
| 3. If boarding is denied to passengers against their will, the operating air carrier shall immediately compensate them in accordance with Article 7 and assist them in accordance with Articles 8 and 9. | "3. If boarding is denied to passengers against their will, the operating air carrier shall immediately compensate them in accordance with Article 7 and assist them in accordance with Articles 8 and 9. The compensation referred to in Article 7 shall be paid automatically to the passenger by the air carrier and without requiring the passenger to lodge a claim. |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| (1b) The following Article 5a is added: | |
| Article 5a | |
| Extraordinary circumstances | |
| 1. Extraordinary circumstances shall be considered events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are outside that air carrier’s actual control . For the purposes of this Regulation, extraordinary circumstances are limited to the circumstances set out in Annex IIa; | |
| 2. Where an unusual event outside the control of one or more Member States has occurred, which has a major impact on air travel with major unfavourable consequences for the aviation sector and that is not covered under Annex IIa, the Commission is empowered to adopt a delegated act in accordance with Article 16cb in order to amend the exhaustive list set out in Annex IIa by adding the relevant extraordinary circumstance, provided that this is strictly necessary to respond to such an unusual event. |
| Text proposed by the Commission | Amendment |
|---|---|
| (1b) The following Article 5a is added: | |
| Article 5a | |
| Extraordinary circumstances | |
| 1. Extraordinary circumstances shall be considered events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond the air carrier’s actual control . For the purposes of this Regulation, extraordinary circumstances are limited to the circumstances set out in Annex IIa; | |
| 2. The exhaustive list of circumstances, provided in Annex IIa shall be subject to revision by the Commission, empowering the Commission to adopt delegated acts in order to add a relevant event occurred in one or more Member States and outside of their control and amending the list of circumstances considered as extraordinary for the purposes of this Regulation. |
| Present text | Amendment |
|---|---|
| (2a) In Article 6, paragraph 1 is replaced by the following: | |
| 1. When an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure: | " When an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure: for three hours or more passengers shall be offered by the operating air carrier: |
| (a) for two hours or more in the case of flights of 1500 kilometres or less; or | |
| (b) for three hours or more in the case of all intra-Community flights of more than 1500 kilometres and of all other flights between 1500 and 3500 kilometres; or | |
| (c) for four hours or more in the case of all flights not falling under (a) or (b), | |
| passengers shall be offered by the operating air carrier: | " |
Regulation should explicitly include the right to compensation for passengers suffering long delays, in line with the judgement of the European Court of Justice in the Joined cases C-402/07 and C-432/07 (Sturgeon). the ECJ held that a long delay of at least three hours at arrival entitles passengers to compensation. The three hour compensation trigger should remain unchanged.
Borja Giménez Larraz, Dolors Montserrat, Elena Nevado del Campo, Pablo Arias Echeverría, Pilar del Castillo Vera, Susana Solís Pérez
| Present text | Amendment |
|---|---|
| (1a) In Article 7, paragraph 1 is replaced by the following: | |
| 1. Where reference is made to this Article, passengers shall receive compensation amounting to: | "1. Where reference is made to this Article, passengers shall receive compensation amounting to: |
| (a) EUR 250 for all flights of 1500 kilometres or less; | (a) EUR 390 for all flights of 1500 kilometres or less; |
| (b) EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres; | (b) EUR 630 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres; |
| (c) EUR 600 for all flights not falling under (a) or (b). | (c) EUR 1200 for all flights not falling under (a) or (b). |
| " |
| Present text | Amendment |
|---|---|
| (1a) In Article 7, paragraph 1 is replaced by the following: | |
| Article 7 | "Article 7 |
| Right to compensation | Right to compensation |
| 1. Where reference is made to this Article, passengers shall receive compensation amounting to: | 1. Where reference is made to this Article, passengers shall receive compensation automatically without the need for a formal claim amounting to: |
| (a) EUR 250 for all flights of 1500 kilometres or less; | (a) EUR 250 for all flights of 1500 kilometres or less; |
| (b) EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres; | (b) EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres; |
| (c) EUR 600 for all flights not falling under (a) or (b). | (c) EUR 600 for all flights not falling under (a) or (b). |
| " |
Borja Giménez Larraz, Dolors Montserrat, Elena Nevado del Campo, Pablo Arias Echeverría, Pilar del Castillo Vera, Susana Solís Pérez
| Text proposed by the Commission | Amendment |
|---|---|
| (2b) In Article 7, the following paragraph is added: | |
| 2. The European Commission shall review these compensation amounts every five years. |
| Present text | Amendment |
|---|---|
| (1b) In Article 7, paragraph 3 is replaced by the following: | |
| 3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services. | "3. The compensation referred to in paragraph 1 shall be automatically processed and issued within 7 days of the disruption, using the original method of payment where possible and made either to the passenger directly or, where applicable, to the intermediary through whom the ticket was purchased. |
| " |
| Present text | Amendment |
|---|---|
| (1a) In Article 7, paragraph 3 is replaced by the following: | |
| 3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services. | "3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services. |
| In order to implement the compensation payments referred to in the first sentence, air carriers shall set up an automated procedure which informs the passenger without delay of the existence of the conditions giving rise to a claim and enables the passenger to trigger the payment of compensation; air carriers may also organise the automated procedure in such a way that the payment is made directly to the passenger. | |
| " |
The processing of compensation payments via an automated procedure serves to simplify and unbureaucratically enforce the law. The passenger is informed of the existence of the eligibility requirements and is therefore no longer dependent on determining these individually. In addition, the triggering of the transmission by the passenger and the automated payment prevents passengers from having to rely on the cooperation of the airlines. The airlines should also be given the option of making the payment directly, i.e. without a decision by the passenger, in an automated process.
| Text proposed by the Commission | Amendment |
|---|---|
| (1a) the following Article 7a is inserted: | |
| Article 7a | |
| Regarding passenger compensation, the scope of this regulation shall be without prejudice and cover all airlines flying in and out of the European Union, |
Current Regulation results in unequal treatment of Union carriers, who are subject to passenger rights obligations on both inbound and outbound flights, while third-country carriers are only bound when departing from the EU. Extending the Regulation to all arriving flights ensures a level playing field, reinforces passenger rights, and enhances fair competition.
| Present text | Amendment |
|---|---|
| (1c) In Article 8, paragraph 1 is replaced by the following: | |
| Article 8 | "Article 8 |
| Right to reimbursement or re-routing | Right to reimbursement or re-routing |
| 1. Where reference is made to this Article, passengers shall be offered the choice between: | 1. Where reference is made to this Article, passengers shall be offered the choice between: |
| (a) - reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant, | (a) Automatic reimbursement reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant, |
| - a return flight to the first point of departure, at the earliest opportunity; | — A return flight to the first point of departure, at the earliest opportunity, under comparable transport conditions, free of charge; |
| (b) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; or | — If the passenger booked through an intermediary, the reimbursement shall be processed through the intermediary within the same seven-day period, and the passenger shall be automatically informed of the refund status. |
| (c) re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats. | (b) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; or |
| (c) re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats. | |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| (1) Where the passenger has bought a ticket through an intermediary, the operating air carrier may make the reimbursement referred to in Article 8(1) point (a) through that intermediary in accordance with this Article. | (1) Where the passenger has bought a ticket through an intermediary, the operating air carrier may make the reimbursement referred to in the following manner: |
| Carriers shall process claims for compensation, based on the evidence provided by passengers, within no more than 15 calendar days of the digital request being sent. | |
| The right to compensation provided for in this Article shall be without prejudice to the rights of passengers provided for in Articles 8 and 9 of this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Where the passenger has bought a ticket through an intermediary, the operating air carrier may make the reimbursement referred to in Article 8(1) point (a) through that intermediary in accordance with this Article. | 1. Where the passenger has bought a ticket through an intermediary, as per the established "follow the money" principle, the intermediary shall be liable for reimbursing the passenger, unless otherwise agreed between the air carrier and the intermediary and provided the passenger receives and equivalent level of protection. |
By applying the “follow the money” principle, airlines can only be held liable for reimbursing the funds that they have received. Intermediation fees – meaning the mark-ups imposed unilaterally by the intermediary - shall not result in an added burden for airlines. Airlines can only be held liable for reimbursing funds they have perceived. Therefore, intermediary ticket vendors should have the exclusive responsibility of reimbursing such fees.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Where the passenger has bought a ticket through an intermediary, the operating air carrier may make the reimbursement referred to in Article 8(1) point (a) through that intermediary in accordance with this Article. | 1. Where the passenger has bought a ticket through an intermediary, the operating air carrier may make the reimbursement referred to in Article 8(1) point (a) through that intermediary. In such a case, the intermediary shall be responsible to reimburse the passenger in accordance with this Article. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Where the passenger has bought a ticket through an intermediary, the operating air carrier may make the reimbursement referred to in Article 8(1) point (a) through that intermediary in accordance with this Article. | 1. Where the passenger has bought a ticket through an intermediary, that has an existing contractual relationship with the carrier, the operating air carrier shall make the reimbursement referred to in Article 8(1) point (a) through that intermediary in accordance with this Article. |
Passengers benefit most when reimbursements are processed through the same method they used for payment, aligning with the "follow the money" principle.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Where the passenger has bought a ticket through an intermediary, the operating air carrier may make the reimbursement referred to in Article 8(1) point (a) through that intermediary in accordance with this Article. | 1. Where the passenger has bought a ticket through an intermediary, the operating air carrier shall make the reimbursement referred to in Article 8(1) point (a) through that intermediary in accordance with this Article. |
The idea is that if the passenger buys a ticket through an intermediary, it is the duty of the intermediary to deal with the reimbursement
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The intermediary and the air carrier shall inform the passenger of the reimbursement process as provided for in this Article in a clear, comprehensible and easily accessible manner at the time of booking and on the booking confirmation. | 2. The intermediary shall inform the passenger of the reimbursement process as provided for in this Article in a clear, comprehensible and easily accessible manner at the time of booking, and on the booking confirmation, when providing passengers with the common reimbursement and compensation form and, when a travel disruption occurs that entitles the passenger the right to refund, and compensation occurs. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The intermediary and the air carrier shall inform the passenger of the reimbursement process as provided for in this Article in a clear, comprehensible and easily accessible manner at the time of booking and on the booking confirmation. | 2. The intermediary shall inform the passenger of the reimbursement process as provided for in this Article in a clear, comprehensible and easily accessible manner at the time of booking and on the booking confirmation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The intermediary and the air carrier shall inform the passenger of the reimbursement process as provided for in this Article in a clear, comprehensible and easily accessible manner at the time of booking and on the booking confirmation. | 2. The intermediary shall inform the passenger of the reimbursement process as provided for in this Article in a clear, comprehensible and easily accessible manner at the time of booking and on the booking confirmation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Reimbursement through the intermediary shall be free of charge for passengers and all other parties concerned. | 3. All reimbursements through the intermediary shall be free of charge for passengers and all other parties concerned. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Reimbursement through the intermediary shall be free of charge for passengers and all other parties concerned. | 3. Reimbursement through the intermediary shall be free of charge for passengers. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The air carrier shall state publicly, in a clear, comprehensible and easily accessible manner, whether it agrees to process reimbursements through intermediaries, and with which intermediaries it accepts to do so. | 4. At the time of selection of services such as flight tickets and in the process of reservation the intermediary shall state publicly and inform in a clear, unambiguous and comprehensible manner whether they are in a formal agreement with the relevant air carrier and whether they guarantee reimbursements. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The air carrier shall state publicly, in a clear, comprehensible and easily accessible manner, whether it agrees to process reimbursements through intermediaries, and with which intermediaries it accepts to do so. | 4. The intermediary shall state publicly, in a clear, comprehensible and easily accessible manner, at the time of selection of flights, whether they are in agreement with the air carrier selected to sell their tickets and to process reimbursements. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The following rules shall apply in the case of reimbursement through intermediaries which have paid the air carrier for tickets from their own accounts: | 5. Unless the air carrier established an alternative reimbursement method for bookings paid by intermediaries, the following rules shall apply in the case of reimbursement through intermediaries which have paid the air carrier for tickets from their own accounts: |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the air carrier shall reimburse the intermediary within seven days, in one transaction through the same payment method which was used at the time of booking, and linking the payment to the original booking reference. The seven-day period shall start on the date of the passenger’s choice of a reimbursement in accordance with Article 8 (1) (a), first indent. The intermediary shall reimburse the passenger via the original payment method, at the latest within a further seven days, and inform the passenger and the air carrier thereof. | (a) the air carrier shall reimburse the intermediary the amount it has received from the intermediary for the flight ticket within fifteen days, in one transaction through the same payment method which was used at the time of booking, and linking the payment to the original booking reference. The fifteen-day period shall start on the date of the passenger’s choice of a reimbursement in accordance with Article 8 (1) (a), first indent to the air carrier. The intermediary shall reimburse the passenger via the original payment method the full cost of the ticket, including intermediary fees, at the latest within a further fifteen days, and inform the passenger and the contracting air carrier thereof. |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the air carrier shall reimburse the intermediary within seven days, in one transaction through the same payment method which was used at the time of booking, and linking the payment to the original booking reference. The seven-day period shall start on the date of the passenger’s choice of a reimbursement in accordance with Article 8 (1) (a), first indent. The intermediary shall reimburse the passenger via the original payment method, at the latest within a further seven days, and inform the passenger and the air carrier thereof. | (a) the air carrier shall reimburse the intermediary the exact amount it had received from the intermediary for the flight ticket within seven days, in one transaction through the exact same payment method which was used at the time of booking, and linking the payment to the original booking reference. The seven-day period shall start on the date of the passenger’s choice of a reimbursement in accordance with Article 8 (1) (a), first indent. The intermediary shall reimburse the passenger the exact and full amount of the ticket purchased, including any possible intermediary fees via the original payment method, at the latest within a further seven days, and inform the passenger and the air carrier thereof. |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the air carrier shall reimburse the intermediary within seven days, in one transaction through the same payment method which was used at the time of booking, and linking the payment to the original booking reference. The seven-day period shall start on the date of the passenger’s choice of a reimbursement in accordance with Article 8 (1) (a), first indent. The intermediary shall reimburse the passenger via the original payment method, at the latest within a further seven days, and inform the passenger and the air carrier thereof. | (a) the air carrier shall automatically reimburse the full cost of the ticket received by the intermediary within seven days, in one transaction through the same payment method which was used at the time of booking, and linking the payment to the original booking reference. The seven-day period shall start on the date of the passenger’s choice of a reimbursement in accordance with Article 8 (1) (a), first indent. The intermediary shall reimburse the passenger via the original payment method, at the latest within a further seven days, and inform the passenger and the air carrier thereof. |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) if the passenger does not receive the reimbursement within 14 days as of the date of choosing a reimbursement in accordance with Article 8 (1) (a), first indent, the operating air carrier shall contact the passenger at the latest on the day following the expiry of the 14-day period in order to receive the payment details for the reimbursement. Upon receipt of these payment details, the operating air carrier shall reimburse the passenger within seven days and inform the passenger and the intermediary thereof. | (b) if the passenger does not receive the reimbursement within 30 days as of the date of choosing a reimbursement in accordance with Article 8 (1) (a), first indent, the passenger shall contact the intermediary. If the issue cannot be resolved, the passenger shall then contact the contracting air carrier in order to provide the payment details for the reimbursement. Upon receipt of these payment details, the operating air carrier shall reimburse the passenger within fifteen days and inform the passenger and the intermediary thereof. |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) if the passenger does not receive the reimbursement within 14 days as of the date of choosing a reimbursement in accordance with Article 8 (1) (a), first indent, the operating air carrier shall contact the passenger at the latest on the day following the expiry of the 14-day period in order to receive the payment details for the reimbursement. Upon receipt of these payment details, the operating air carrier shall reimburse the passenger within seven days and inform the passenger and the intermediary thereof. | (b) if the passenger does not receive the reimbursement within 30 days as of the date of choosing a reimbursement in accordance with Article 8 (1) (a), first indent the passenger shall first contact the intermediary. If unresolved, the passenger should then reach out to the operating air carrier to provide payment details for reimbursement. Upon receipt of these payment details, the operating air carrier shall reimburse the passenger within 15 days and inform the passenger and the intermediary thereof. |
The carrier does not automatically receive information on whether the passenger has been reimbursed by the intermediary. If passengers do not receive the expected reimbursement, they should first contact the intermediary and then the carrier directly. The alternative, that the intermediary be required to provide this information automatically to the carrier, is unlikely, given that he would inform the carrier of its own failure.
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) To prevent any possible double payments in accordance with subparagraph (b), the intermediary is required to notify the air carrier without delay upon processing the reimbursement to the passenger. If the air carrier has not received notification regarding the reimbursement status or confirmation of payment fulfilment within 14 days, it shall contact the passenger in accordance with Article 8(5)(b). |
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) If the air carrier is required to make a double payment under subparagraph (b), no additional reimbursements shall be processed through the intermediary, and the air carrier shall be given priority as the intermediary’s highest-ranking creditor. |
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) Where the air carrier is required to make a double payment in accordance with subparagraph (b), no further reimbursements shall be paid by the air carrier through the intermediary and the air carrier shall be ranked as the highest priority preferential creditor of the intermediary. |
| Text proposed by the Commission | Amendment |
|---|---|
| (bb) Intermediaries are liable for duly processing the reimbursement set out in paragraph 5. In case of a breach of their obligations, intermediaries shall be subject to a penalty regime in accordance with Article 16c |
| Text proposed by the Commission | Amendment |
|---|---|
| (bb) Intermediaries who fail to meet their obligations or engage in misconduct shall face penalties. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5a. Any non-compliance from intermediaries to meet deadlines and rules on reimbursement shall make them subject to penalties laid down in Article 16cc of this Directive. The National Enforcement Bodies (NEBs) shall have the authority to monitor compliance and mandate corrective actions for carriers that repeatedly fail to comply with this Article. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. This Article shall not affect any obligations of operating air carriers under Directive (EU) 2015/2302.; | 6. Intermediaries are liable for duly processing the reimbursement set out in paragraph 5. In case of a breach of their obligations, intermediaries shall be subject to a penalty regime in accordance with Article 16c. |
| This Article shall not affect any obligations of operating air carriers under Directive (EU) 2015/2302.; |
| Text proposed by the Commission | Amendment |
|---|---|
| (2a) The following Article 8b is inserted: | |
| Article 8 b | |
| Termination of the transport contract before the start of transport contract | |
| 1. Passenger may terminate the transport contract at any time before the start of the travel. Where the passenger terminates the transport contract under this paragraph, the passenger may be required to pay an appropriate and justifiable termination fee to the carrier. The transport contract may specify reasonable standardised termination fees based on the time of the termination of the contract before the start of the transport contract and the expected cost savings and income from alternative deployment of the transport services. In the absence of standardised termination fees, the amount of the termination fee shall correspond to the price of the transport contract minus the cost savings and income from alternative deployment of the transport services. The organiser shall provide a justification for the amount of the termination fees to the passenger. | |
| 2. Notwithstanding paragraph 1, the passenger shall have the right to terminate the transport contract before its performance without paying any termination fee in the event of extraordinary circumstances occurring at the travel destination or its immediate vicinity, at the place of the passenger’s residence or departure or affecting the journey to the full reimbursement of any payments made for the transport contract but shall not be entitled to additional compensation. | |
| 3. Official warnings against travel to a particular destination issued by the authorities of the Member State of departure or passenger’s residence or the country of destination, or the fact that passengers will be subject to serious restrictions at the travel destination or in the Member State of residence or departure after returning from the trip, shall be considered as valid reasons to terminate the transport contract according to paragraph 2 of this Article. | |
| 4. The carrier shall make refunds or reimbursements under this article to the passengers without undue delay and, in any event, not later than 14 days after the transport contract is terminated. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. The following Article 8b is inserted: | |
| Article 8b | |
| 1. Intermediaries shall, at the pre-contractual stage, inform consumers about the ticket price and all mandatory costs such as administrative, service or cancellation fees. Optional price supplements shall be clearly visible next to the headline price and at every step of the booking process. | |
| 2. Intermediaries shall provide their full contact information on the booking confirmation, on the tickets and on their website. Passengers shall always receive an acknowledgment of receipt and a copy of their communication with the intermediary." |
| Text proposed by the Commission | Amendment |
|---|---|
| 8b. Right of passengers to transfer their ticket to another holder in exceptional circumstances. | |
| 1. Passengers who, for exceptional reasons, are no longer able to make a journey they have booked, shall be entitled to request a change in the name of the ticket holder. | |
| 2. Air carriers, operators or intermediaries shall be obliged to offer one of the following two options, made available at the time of reservation: | |
| (a) Change in the name of the ticket holder free of charge in justified cases of force majeure, such as: | |
| (b) Death of the passenger or of a close family member; | |
| (c) Serious medical problems preventing travel (proven by medical certificates); | |
| (d) Other exceptional circumstances set out in national law or by the carrier. | |
| 3. Transfer of the ticket to another passenger. | |
| (a) Passengers may transfer the ticket to another person after providing reasonable notification to the carrier or intermediary on a durable medium prior to the flight. Notification provided at least 72 hours prior to the flight shall in all cases be considered reasonable and shall not be subject to any additional charge. | |
| (b) Where passengers transfer a ticket in the 72 hours prior to departure, the intermediary’s carrier may charge fees. The intermediary’s carrier shall inform the transferor of the actual costs of the transfer. These costs must not be unreasonable and must not exceed the actual cost borne by the carrier or intermediary for transfer of the ticket. | |
| (c) The transferor and the transferee shall be jointly and severally liable for payment of the balance due and for any additional charges. | |
| (d) The organiser shall provide the transferor with proof of any additional fees arising from transfer of a package travel contract. | |
| (e) Passengers shall be informed at the pre-contractual stage, and in the booking confirmation, of the possibility of transferring their ticket under this Article. | |
| 4. Change of name of the ticket holder against payment of a transparent and fair fee set by the carrier and clearly communicated at the time of purchase of the ticket. 3. This option must be made available to passengers at the time of reservation of the ticket and must be indicated in the air carrier’s terms and conditions. 4. Member States shall monitor the implementation of this measure to ensure that air carriers respect the right of passengers to transfer tickets under fair conditions. |
| Text proposed by the Commission | Amendment |
|---|---|
| (2b) the following Article 8c is inserted: | |
| Article 8c | |
| Protection against insolvency of airlines companies | |
| 1. Member States shall ensure that air carriers established in their territory provide security for the refund of all payments made by or on behalf of passengers in the event of air carriers’ insolvency. This shall include the protection of payments made where a flight is not performed in full or in part as a consequence of the air carrier’s insolvency or where a passenger was entitled to a refund or had received a voluntary voucher from the air carrier before its insolvency. In relation to vouchers, the security shall be limited to the amount of payments received from the passenger. Passengers who are stranded shall be entitled to reimbursement, the return flight to the point of departure or rerouting, and to care, as provided for in Articles 8 and 9 of this Regulation. | |
| 2. The security referred to in paragraph 1 shall be effective and shall cover reasonably foreseeable costs. It shall cover the amounts of payments made by or on behalf of passengers in respect of their bookings, taking into account the length of the period between the receipt of any payments and the completion of the journey, as well as the estimated cost for repatriations in the event of the air carrier’s insolvency. The security shall be sufficient to cover costs for refunds and, where applicable, repatriations and vouchers, at all times. The coverage shall take into account periods where air carriers hold the highest amounts of payments and any changes in the volume of sales of tickets. | |
| 3. To ensure the effectiveness of insolvency protection, Member States shall supervise the insolvency protection arrangements of air carriers established on their territory, monitor the market for the provision of insolvency protection, and may, if necessary, require a second level of protection. Any co-financing by Member States is possible only in exceptional and duly justified circumstances and shall be conditional on approval under the Union State aid provisions. | |
| 4. An air carrier’s insolvency protection shall benefit passengers regardless of their place of residence, the place of departure or where the flight ticket is sold and irrespective of the Member State where the entity in charge of the insolvency protection is located. | |
| 5. When the performance of the flights is affected by the air carriers insolvency, the security shall be available free of charge to ensure repatriations and, if necessary, the financing of accommodation prior to the repatriation. | |
| 6. Refunds of payments affected by the air carriers’ insolvency shall be provided without undue delay after the passenger’s request and at the latest within three months after the passengers has submitted the documents necessary to examine the request. |
Borja Giménez Larraz, Dolors Montserrat, Elena Nevado del Campo, Pablo Arias Echeverría, Pilar del Castillo Vera, Susana Solís Pérez
| Text proposed by the Commission | Amendment |
|---|---|
| (2c) The following Article 10a is inserted: | |
| Article 10a | |
| Right to carry-on baggage | |
| Passengers must have the right to carry on board a small bag and a hand baggage that is not checked in without any price supplement, on condition that it complies with applicable security requirements. | |
| The air carrier shall establish the maximum dimensions and weight permitted. |
Borja Giménez Larraz, Dolors Montserrat, Elena Nevado del Campo, Pablo Arias Echeverría, Pilar del Castillo Vera, Susana Solís Pérez
| Present text | Amendment |
|---|---|
| (2d) In Article 11, paragraph 1 is replaced by the following: | |
| 1. Operating air carriers shall give priority to carrying persons with reduced mobility and any persons or certified service dogs accompanying them, as well as unaccompanied children. | 1. Operating air carriers shall give priority to carrying persons with reduced mobility and any persons or recognised assistance dogs accompanying them, families with infants under 24 months and children under 12 years old, and unaccompanied children. |
| " |
| Present text | Amendment |
|---|---|
| (2a) "In Article 11, paragraph 1 is replaced by the following: | |
| 1. Operating air carriers shall give priority to carrying persons with reduced mobility and any persons or certified service dogs accompanying them, as well as unaccompanied children. | 1. Operating air carriers shall give priority to carrying persons with reduced mobility and any persons or recognised assistance dogs accompanying them, as well as unaccompanied children. |
| " |
| Present text | Amendment |
|---|---|
| (2a) In Article 11, paragraph 1 is replaced by the following: | |
| 1. Operating air carriers shall give priority to carrying persons with reduced mobility and any persons or certified service dogs accompanying them, as well as unaccompanied children. | "1. Operating air carriers shall give priority to carrying persons with reduced mobility and any persons or recognised assistance dogs accompanying them, as well as unaccompanied children unless the opposite is strictly necessary in order to comply with applicable safety requirements. |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| (2a) In Article 11, paragraph 1 is replaced by the following: | |
| 1. Operating air carriers shall give priority to carrying persons with reduced mobility and any persons or certified service dogs accompanying them, as well as unaccompanied children. | "1. Operating air carriers shall give priority to carrying persons with reduced mobility and any persons or recognised assistance dogs accompanying them, as well as unaccompanied children. |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| (2c) In Article 11, the following paragraph is added: | |
| "2a. If a person with reduced mobility misses a flight due to a failure to receive pre-booked assistance, whether by the operating air carrier or the airport managing body, the passenger shall be entitled to: | |
| (a) Full reimbursement under Article 8(1)(a), processed automatically within 7 days; | |
| (b) Compensation under Article 7, as if denied boarding, unless the carrier or airport managing body can provide evidence of extraordinary circumstances beyond their control; | |
| (c) Alternative re-routing under Article 8(1)(b), with assistance guaranteed throughout the new journey. | |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| (2b) In Article 11, the following paragraph is added: | |
| 2a. Infants and children under 12 years old are considered special category of passengers (SCP) in accordance with the EU air safety legislation under Regulation 965/2012, therefore allocation of seats for infants with the accompanying passenger and for children under 12 years old next to the accompanying passenger made under the same booking shall be provided by the air carrier without additional charges and fees. |
| Text proposed by the Commission | Amendment |
|---|---|
| (2) In Article 11, the following paragraph is added: | |
| 2a. Infants of less than 24 months and children under 12 years old shall be considered special category of passengers (SCP) in accordance with the EU air safety legislation under Regulation 965/2012. Allocation of seats for infants with the accompanying passenger and for children under 12 years old next to the accompanying passenger shall be provided without additional seating fees by the air carrier. |
| Text proposed by the Commission | Amendment |
|---|---|
| (2c) In Article 11, the following paragraph is added: | |
| 2a. Infants of less than 24 months and children under 12 years old shall be considered special category of passengers (SCP) in accordance with the EU air safety legislation under Regulation 965/2012. Allocation of seats for infants with the accompanying passenger and for children under 12 years old next to the accompanying passenger shall be provided free of charge by the air carrier. | |
| In the case of children aged between 24 and 36 months, they shall be seated next to their accompanying parent or guardian, with the option for the child to occupy a separate seat or be seated together with the guardian, in accordance with applicable safety standards and the preference of the accompanying adult. |
Requiring free seat allocation for children next to their accompanying adult enhances safety, comfort, and child protection, and prevents airlines from monetising basic safety requirements. It also clarifies seating arrangements for children aged 24–36 months, ensuring flexibility in line with parental choice and safety standards, as children aged 2-3 may experience anxiety by being seated separately from their parent or guardian..
| Text proposed by the Commission | Amendment |
|---|---|
| (2d) In Article 11, the following paragraph is inserted: | |
| 2a. Infants of less than 24 months and children under 12 years old shall be considered special category of passengers (SCP) in accordance with the EU air safety legislation under Regulation 965/2012. Allocation of seats for infants with the accompanying passenger and for children under 12 years old next to the accompanying passenger shall be provided free of charge by the air carrier.’ |
(Amendment connected to the next amendment (specification of seat assignment for 2 parents/guardians))
| Text proposed by the Commission | Amendment |
|---|---|
| (2d) In Article 11, the following paragraph is added: | |
| "2b. Member States shall ensure that airport assistance services for PRMs are monitored independently, and that complaint mechanisms are accessible | |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| (2e) in Article 11, the following paragraph is added: | |
| 2b. In cases where an infant or child under the age of 12, referred in the previous paragraph, is traveling with both parents or guardians, and a seat allocation is required for the infant or child alongside the accompanying passenger(s), the air carrier shall, where possible, allocate the seats for the infant or child and the seats of the accompanying parents or guardians together. Such seat allocation shall be provided at no additional charge. |
| Text proposed by the Commission | Amendment |
|---|---|
| (2e) In Article 11, the following paragraph is added: | |
| 2c. This Article shall be applied in conjunction with Regulation (EC) No 1107/2006 and the European Accessibility Act (Directive 2019/882/EU). In case of conflict, the more protective rule for persons with disabilities shall apply. | |
| " |
Borja Giménez Larraz, Dolors Montserrat, Elena Nevado del Campo, Pablo Arias Echeverría, Pilar del Castillo Vera, Susana Solís Pérez
| Text proposed by the Commission | Amendment |
|---|---|
| (2e) In Article 11, the following paragraph is added: | |
| 3. Persons with reduced mobility or special needs and any persons or certified service dogs accompanying them shall be seated together without any price supplement. |
| Text proposed by the Commission | Amendment |
|---|---|
| (2d) the following Article 11a is inserted: | |
| Article 11a | |
| Right to hand luggage | |
| Passengers shall have the rights to a carry on board a hand luggage of minimum 55x40x20cm as dimensions and 7 kilograms as weight. | |
| Without prejudice to Regulation No 1008/2008, air carriers shall not charge the passenger any supplement or surcharge on top of price of the ticket for this service. The carrier may refuse to allow such hand luggage on board only on grounds of security connected with the weight or size of the object in relation to the characteristics of the aircraft. |
This amendment ensures equal and transparent treatment of passengers by confirming a basic right to carry hand luggage without extra charge. Currently, divergent airline policies cause confusion and hidden costs. The CJEU ruling in Case C-487/12 (Vueling Airlines) confirmed that hand luggage meeting reasonable size and weight limits forms an essential part of air transport and must not be subject to additional fees. This provision aligns with that judgment while preserving safety-related exceptions.
| Text proposed by the Commission | Amendment |
|---|---|
| (2c) the following Article 11a is inserted: | |
| Article 11a | |
| Right to Carry Hand Luggage Free of Charge | |
| Passengers shall have the right to carry, free of charge, one item of luggage with minimum dimensions of 55 × 40 × 20 cm and a maximum weight of 7 kilograms, regardless of fare type, booking method, or service class. This right shall apply to all air carriers operating in the Union, including both low-cost and full-service airlines, and irrespective of whether the flight is part of a multimodal journey. The luggage may be stored either in the aircraft cabin (as carry-on baggage) or in the aircraft hold (as checked baggage), depending on space availability and operational safety requirements, without incurring any additional fees. This provision is in line with the principles established by the Court of Justice of the European Union in Case C-487/12. | |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| (2a) the following Article 11a is inserted: | |
| Article 11a | |
| Right to hand luggage | |
| Baggage that is not checked in, namely hand baggage, must be considered, in principle, as constituting a necessary aspect of the carriage of passengers and that its carriage cannot, therefore, be made subject to a price supplement, on condition that such hand baggage meets reasonable requirements in terms of its weight and dimensions, and complies with applicable security requirements. |
| Text proposed by the Commission | Amendment |
|---|---|
| (2b) the following Article 11a – paragraph 2 is inserted: | |
| Article 11a – paragraph 2 | |
| Hand baggage that passenger shall have the right to a carry on board and that meets reasonable requirements in terms of its weight and dimensions, as well as complies with applicable security requirements is that of maximum 55x40x20 cm as dimensions and 10 kg as weight. | |
| The carrier may refuse to allow such hand luggage on board only on grounds of security connected with the weight or size of the object in relation to the characteristics of the aircraft. |
Borja Giménez Larraz, Dolors Montserrat, Elena Nevado del Campo, Pablo Arias Echeverría, Pilar del Castillo Vera, Susana Solís Pérez
| Text proposed by the Commission | Amendment |
|---|---|
| (2f) The following Article 11a is inserted: | |
| Article 11a | |
| Seating arrangements | |
| Passengers who booked their tickets jointly shall be seated together without any price supplement. | |
| Infants under 24 months and children under 12 years old and their accompanying passengers shall be seated together without any price supplement. |
| Text proposed by the Commission | Amendment |
|---|---|
| (2c) The following Article 11a is inserted: | |
| Article 11a | |
| 1. Passengers shall be permitted to bring into the aircraft cabin one personal item, such as a small bag, handbag, backpack or laptop bag under the condition 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| (2d) The following paragraph is added to Article 11a: | |
| Article 11a | |
| 2. It is mandatory that carriers provide clear, transparent, and easily accessible information on the weight and dimension requirements for the hand luggage at the time of booking and after the booking is completed, ensuring passengers are fully informed before their journey. |
Borja Giménez Larraz, Dolors Montserrat, Elena Nevado del Campo, Pablo Arias Echeverría, Pilar del Castillo Vera, Susana Solís Pérez
| Text proposed by the Commission | Amendment |
|---|---|
| (2g) The following Article 11b is inserted: | |
| Article 11b | |
| Transport of companion pets on board | |
| Air operating carriers that allow the transport of companion pets on board shall establish the conditions for their transport, provided that the minimum allowed dimensions for the pet carrier are 45x39x30 cm. | |
| The total allowed weight of the pet carrier and the companion pet shall be of minimum of 10 kg. | |
| The air carrier shall establish the maximum dimensions and weight permitted, on condition that it complies with applicable security requirements. |
| Present text | Amendment |
|---|---|
| (2c) Article 14 is replaced by the following: | |
| Article 14 | "Article 14 |
| Obligation to inform passengers of their rights | Obligation to inform passengers of their rights |
| 1. The operating air carrier shall ensure that at check-in a clearly legible notice containing 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, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance". | 1. The operating air carrier shall ensure that at check-in, on kiosk at the airport, online and at the boarding gate, a clearly legible notice containing 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 text stating your rights, particularly with regard to compensation and assistance". This notice shall be displayed physically and electronically in as many relevant languages as possible. |
| 2. An operating air carrier denying boarding or cancelling a flight shall provide each passenger affected with a written notice setting out the rules for compensation and assistance in line with this Regulation. It shall also provide each passenger affected by a delay of at least two hours with an equivalent notice. The contact details of the national designated body referred to in Article 16 shall also be given to the passenger in written form. | 2. An operating air carrier denying boarding or cancelling a flight shall provide each passenger affected with a notice in writing and electronically setting out the rules for compensation and assistance in line with this Regulation. It shall also provide each passenger affected by a delay of at least two hours at departure or of more than 3 hours at arrival at their final destination, with an equivalent notice, irrelevant the channel by which the passenger ticket has been bought . The contact details of the national designated body referred to in Article 16 shall also be given to the passenger in written form. |
| 3. In respect of blind and visually impaired persons, the provisions of this Article shall be applied using appropriate alternative means. | 3. In respect of blind and visually impaired persons, the provisions of this Article shall be applied using appropriate alternative means. |
| 4. In the event of cancellation, delay in departure or at arrival, passengers shall be informed by the operating air carrier of the situation, including the cause of the disruption, as soon as possible, and of the estimated departure time as soon as this information is available." | |
| " |
| Present text | Amendment |
|---|---|
| (2g) In Article 14, paragraph 1 is replaced by the following: | |
| Article 14 | "Article 14 |
| Obligation to inform passengers of their rights | Obligation to inform passengers of their rights |
| 1. The operating air carrier shall ensure that at check-in a clearly legible notice containing 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, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance". | 1. The operating air carrier shall ensure that at check-in, at the boarding gate, and on its website and mobile applications, a clearly legible and accessible notice is displayed in a manner visible to all passengers, containing the following text: “If you are denied boarding or if your flight is cancelled or delayed for at least two hours at departure, you are entitled to assistance and compensation under EU law. Ask at the counter or gate, or consult the carrier’s website or app, to receive full information about your rights.” This information shall also be made available in accessible formats, in accordance with Directive (EU) 2019/882, and shall be usable by persons with disabilities, including those relying on assistive technologies. |
| " |
Borja Giménez Larraz, Dolors Montserrat, Elena Nevado del Campo, Pablo Arias Echeverría, Pilar del Castillo Vera, Susana Solís Pérez
| Text proposed by the Commission | Amendment |
|---|---|
| (2h) In Article 14, the following paragraph is added: | |
| 4. Passengers shall have the right to request and receive a printed boarding pass without any price supplement, which shall be deemed sufficient for boarding the aircraft. |
| Present text | Amendment |
|---|---|
| (2h) In Article 14, paragraph 2 is replaced by the following: | |
| 2. An operating air carrier denying boarding or cancelling a flight shall provide each passenger affected with a written notice setting out the rules for compensation and assistance in line with this Regulation. It shall also provide each passenger affected by a delay of at least two hours with an equivalent notice. The contact details of the national designated body referred to in Article 16 shall also be given to the passenger in written form. | "2. An operating air carrier denying boarding or cancelling a flight shall proactively and automatically provide each passenger affected with a written or electronic notice setting out the rules for compensation and assistance in line with this Regulation. It shall also provide each passenger affected by a delay of at least two hours with an equivalent notice. This notice shall include the conditions for compensation, assistance, reimbursement, complaint handling procedures, and the contact details of the national enforcement body referred to in Article 16. The contact details of the national designated body referred to in Article 16 shall also be given to the passenger in a clear, comprehensible, accessible and durable format. |
| " |
Borja Giménez Larraz, Dolors Montserrat, Elena Nevado del Campo, Pablo Arias Echeverría, Pilar del Castillo Vera, Susana Solís Pérez
| Text proposed by the Commission | Amendment |
|---|---|
| (2i) The following Article -14a is inserted: | |
| Article -14a | |
| Single points of contact for assistance | |
| The air operating carriers shall be required to provide a single, physical point of contact to ensure more accessible assistance for passengers, including delays, cancellations, baggage-related issues, or any other air travel ticket related matters. |
| Present text | Amendment |
|---|---|
| (2i) In Article 14, paragraph 3 is replaced by the following: | |
| 3. In respect of blind and visually impaired persons, the provisions of this Article shall be applied using appropriate alternative means. | "3. The above information shall be transmitted to the passenger via at least one digital channel, such as SMS, email, or app notification, using the contact details provided at the time of booking. It shall also be available on-board, at the gate, and at any point of disruption. Carriers and intermediaries shall ensure that this information is provided automatically, without requiring any action or request from the passenger. |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| (2j) In Article 14, the following paragraph is added | |
| 3a. In respect of blind and visually impaired persons, persons with cognitive or intellectual disabilities, and other persons with reduced mobility, the provisions of this Article shall be applied using appropriate alternative and accessible means, including spoken announcements and compatibility with screen readers. |
| Text proposed by the Commission | Amendment |
|---|---|
| (2k) In Article 14, the following paragraph is added | |
| 3b. This communication shall be provided free of charge and stored in a manner that allows the passenger to retain and access it throughout their journey, including in cases where intermediaries are involved in the booking. |
| Text proposed by the Commission | Amendment |
|---|---|
| (2l) In Article 14, the following paragraph is added | |
| 3c. 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 parties commissioned by the air carrier concerned, to provide passengers with the necessary information regarding their rights, including complaint procedures, to assist them and to take immediate action in the event of cancelled or delayed flights, denied boarding and lost or delayed baggage. During the air carriers operating hours and until the last passengers disembark from the last plane, those contact points shall be available for the purpose of assisting passengers inter alia concerning reimbursement, re-routing, rebooking and of accepting the lodging of their complaints. |
| Text proposed by the Commission | Amendment |
|---|---|
| Transfer of information | Transfer of information and obligations to inform passengers |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The information for passengers under this Regulation shall be provided also by electronic means, where technically possible. Where information is provided by such means, air carriers and intermediaries shall ensure that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. All means of communication shall enable the passenger to contact them quickly and to communicate effectively. | 1. The information for passengers under this Regulation shall be provided also by electronic means, where technically possible. Where information is provided by such means, except one-sided communication to which the passenger cannot respond such as push notifications, pre-programmed conversational agents or internet bots, air carriers and intermediaries shall ensure that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. All means of communication shall enable the passenger to contact them quickly and to communicate effectively. |
Carriers and intermediaries cannot guarantee that one-sided communication is stored for future reference. Thus, such electronic communication should be excluded. These changes should also be included in the following regulations: No 1177/2010, No 1177/2010, No and No 1177/2010.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The information for passengers under this Regulation shall be provided also by electronic means, where technically possible. Where information is provided by such means, air carriers and intermediaries shall ensure that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. All means of communication shall enable the passenger to contact them quickly and to communicate effectively. | 1. The information for passengers under this Regulation shall be provided also by electronic means, where technically possible. Where information is provided by such means, air carriers and intermediaries shall ensure that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. All means of communication shall enable the passenger to contact them quickly, free of charge, and to communicate effectively, in accordance with accessibility standards set out in Directive (EU) 2019/882.. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The information for passengers under this Regulation shall be provided also by electronic means, where technically possible. Where information is provided by such means, air carriers and intermediaries shall ensure that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. All means of communication shall enable the passenger to contact them quickly and to communicate effectively. | 1. The information for passengers under this Regulation shall be provided also by electronic means, where technically possible. Where information is provided by such means, air carriers and intermediaries shall ensure that during the complaint process the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. All means of communication shall enable the passenger to contact them quickly and to communicate effectively. . |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Where the passenger does not acquire a ticket directly from the air carrier, but through an intermediary, this intermediary shall provide the contact details of the passenger and the booking details to the air carrier. The air carrier may only use these contact details to the extent necessary to comply with its information, provision of care, reimbursement, re-routing and compensation obligations under this Regulation and to fulfil the air carrier’s obligations under applicable Union law on aviation safety and security and to provide information to passengers on the operating carrier in accordance with its obligations under Chapter III of Regulation (EC) No 2111/2005. | 2. Where the passenger does not acquire a ticket directly from the air carrier, but through an intermediary, this intermediary shall provide the contact details of the passenger, where available, and the booking details to the air carrier. The air carrier may only use these contact details to the extent necessary to comply with its information, provision of care, reimbursement, re-routing and compensation obligations under this Regulation and to fulfil the air carrier’s obligations under applicable Union law on aviation safety and security and to provide information to passengers on the operating carrier in accordance with its obligations under Chapter III of Regulation (EC) No 2111/2005. The contact details may not be used for commercial purposes. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Where the passenger does not acquire a ticket directly from the air carrier, but through an intermediary, this intermediary shall provide the contact details of the passenger and the booking details to the air carrier. The air carrier may only use these contact details to the extent necessary to comply with its information, provision of care, reimbursement, re-routing and compensation obligations under this Regulation and to fulfil the air carrier’s obligations under applicable Union law on aviation safety and security and to provide information to passengers on the operating carrier in accordance with its obligations under Chapter III of Regulation (EC) No 2111/2005. | 2. Where the passenger does not acquire a ticket directly from the air carrier, but through an intermediary, this intermediary shall provide the contact details of the passenger and the booking details to the air carrier. The air carrier may only use these contact details to the extent necessary to comply with its contract of carriage with the passenger, information, provision of care, reimbursement, re-routing and compensation obligations under this Regulation and to fulfil the air carrier’s obligations under applicable Union law on aviation safety and security and to provide information to passengers on the operating carrier in accordance with its obligations under Chapter III of Regulation (EC) No 2111/2005 and other legal obligations. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Where the passenger does not acquire a ticket directly from the air carrier, but through an intermediary, this intermediary shall provide the contact details of the passenger and the booking details to the air carrier. The air carrier may only use these contact details to the extent necessary to comply with its information, provision of care, reimbursement, re-routing and compensation obligations under this Regulation and to fulfil the air carrier’s obligations under applicable Union law on aviation safety and security and to provide information to passengers on the operating carrier in accordance with its obligations under Chapter III of Regulation (EC) No 2111/2005. | 2. Where the passenger does not acquire a ticket directly from the air carrier, but through an intermediary, this intermediary shall provide the contact details of the passenger and the booking details to the air carrier. The air carrier may only use these contact details to the extent necessary to comply with its contract of carriage with the passenger, its information, provision of care, reimbursement, re-routing and compensation obligations under this Regulation and to fulfil the air carrier’s obligations under applicable Union law on aviation safety and security and to provide information to passengers on the operating carrier in accordance with its obligations under Chapter III of Regulation (EC) No 2111/2005. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The carrier shall delete the contact details within 72 hours after the completion of the contract of carriage unless further retention of the contact details is justified to fulfil obligations in respect of the passenger’s right to re-routing, reimbursement or compensation. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The carrier shall delete the contact details within 72 hours after the completion of the contract of carriage unless further retention of the contact details is justified to fulfil obligations in respect of the passenger’s right to re-routing, reimbursement or compensation. | 3. The air carrier and the intermediary shall keep the passenger’s contact details no longer than 72 hours after the completion of the contract of carriage unless further retention of the contact details is justified to fulfil obligations in respect of the passenger’s right such as re-routing, reimbursement, compensation, complaint handling. The air carrier and the intermediary shall process the passenger’s contact details solely for the purpose of fulfilling their respective obligations. The use of such information for commercial or marketing purposes is strictly prohibited unless the passenger has actively and explicitly requested the contrary. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The carrier shall delete the contact details within 72 hours after the completion of the contract of carriage unless further retention of the contact details is justified to fulfil obligations in respect of the passenger’s right to re-routing, reimbursement or compensation. | 3. The carrier shall store the contact details until potential claims from passengers have ceased, unless further retention of the contact details is justified to fulfil obligations in respect of the passenger’s right to re-routing, reimbursement or compensation. |
If the carrier deletes the data within 72 hours and is not aware of possible claims, but the claim arrives later then the data had already been deleted and it cannot be restored
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. Where the passenger does not acquire a ticket directly from the air carrier, but through an intermediary, the latter shall inform the passenger at the time of the booking whether they have an existing commercial relationship with the carrier they are offering a contract on behalf of. |
The suggested new paragraph 4 aims to enhance consumer protection and tackle the practice of unauthorised selling of tickets by intermediaries by requiring that passengers are informed directly by the intermediary they are booking with whether there is an existing commercial relationship with the carrier they are offering a contract on behalf of.
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Where an intermediary acquires a ticket on behalf of a passenger, the intermediary shall inform the air carrier at the time of booking about the fact that it has booked the ticket as an intermediary. It shall provide the air carrier with its own postal and electronic contact details. If the intermediary requests to receive the information which the passenger receives from the air carrier to fulfil its obligations in accordance with paragraph 2, it shall inform the air carrier thereof and the air carrier shall provide the information under paragraph 2 simultaneously to the intermediary and to the passenger. | 4. Where an intermediary acquires a ticket on behalf of a passenger, the intermediary shall inform the air carrier at the time of booking about the fact that it has booked the ticket as an intermediary. It shall provide the air carrier with its own postal and electronic contact details. If the intermediary requests to receive the information which the passenger receives from the air carrier to fulfil its obligations in accordance with paragraph 2, it shall inform the air carrier thereof and provided the intermediary identified themselves to the air carrier as an intermediary prior to completing the booking, and the air carrier shall provide the information under paragraph 2 simultaneously to the intermediary and to the passenger. |
Crucially, the airline industry believes that there should only be an obligation for carriers to share information with intermediaries where there is a legal or commercial relationship between the parties or a legitimate reason, for example to allow tour operators to adjust parts of a package if needed. The proposal will enable airlines to directly inform passengers about their flights, as they will now receive the passengers’ contact details in all cases. It is therefore important to ensure that airlines are not placed in a situation where they would be required to share information with unauthorised intermediaries selling their flights, which would represent a significant additional burden and raise concerns about sharing potentially sensitive commercial information.
| Text proposed by the Commission | Amendment |
|---|---|
| 4a. Where an intermediary acquires a ticket on behalf of a passenger, the intermediary shall provide passengers, on the booking confirmation, with his the booking details. The intermediary shall also allow passengers to easily access via its website, its communications with the passenger, the relevant air carriers form, email address and contact details for claims related to their reimbursement, compensation or any claims arising from the contract of carriage. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5a. During the process and before the completion of the booking by the passenger, the intermediary shall ensure that the passenger is informed in a clear, transparent and unambiguous manner of the total amount of service fees charged by intermediaries that will be retained by the intermediary and, separately, of the exact amount to be paid to the air carrier. |
| Text proposed by the Commission | Amendment |
|---|---|
| (4) the following Article 15a is inserted: | deleted |
| ‘ | |
| Article 15a | |
| Service quality standards | |
| 1. Air carriers shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex II. | |
| 2. Air carriers shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on their website by [2 years after the Regulation becomes applicable], and every two years thereafter. This report shall not contain personal data. | |
| 3. Airport managing bodies located in a Member State shall establish service quality standards based on the relevant items listed in Annex II. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request.; | |
| ’ |
| Text proposed by the Commission | Amendment |
|---|---|
| (4) the following Article 15a is inserted: | deleted |
| ‘ | |
| Article 15a | |
| Service quality standards | |
| 1. Air carriers shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex II. | |
| 2. Air carriers shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on their website by [2 years after the Regulation becomes applicable], and every two years thereafter. This report shall not contain personal data. | |
| 3. Airport managing bodies located in a Member State shall establish service quality standards based on the relevant items listed in Annex II. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request.; | |
| ’ |
The proposed obligation for carriers to set, monitor and report on service quality standards constitutes a significant administrative burden for airlines. This runs counter to the European Parliament and the European Commission’s aim to reduce red tape for businesses and to support the competitiveness of European industry. In addition to not being easily accessible for a large majority of passengers, several data elements in the service quality standards do not seem appropriate for airlines or may in some cases be difficult to obtain. An example of the latter is the relevant information on assistance to PRMs, as this is usually sensitive and subject to data privacy rules.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Air carriers shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex II. | 1. Air carriers shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex II. They shall include indicators for the treatment of passengers with disabilities and reduced mobility, the timeliness of assistance and reimbursement, and the accessibility of information channels. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Air carriers shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex II. | 1. Air carriers shall establish service quality standards covering at least the items listed in Annex II. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national enforcement body or bodies on request. |
The service quality standards should not be subject to a reporting obligation, but to a duty to provide information. Otherwise, the administrative burden for companies will be disproportionate to the added value created. This amendment is related to the deletion of Annex I. These changes should also be included in the other four regulations of this proposal.
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Air carriers shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on their website by [2 years after the Regulation becomes applicable], and every two years thereafter. This report shall not contain personal data. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Air carriers shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on their website by [2 years after the Regulation becomes applicable], and every two years thereafter. This report shall not contain personal data. | 2. Air carriers, intermediaries and airport managing bodies shall monitor their performance as reflected in the service quality standards. They shall publish a report on their compliance with their obligations under this regulation on their website by [2 years after the Regulation becomes applicable], and every two years thereafter. This report shall include disaggregated data where applicable, and shall be available in accessible formats in accordance with Directive (EU) 2019/882.This report shall not contain personal data. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Airport managing bodies located in a Member State shall establish service quality standards based on the relevant items listed in Annex II. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request.; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Airport managing bodies located in a Member State shall establish service quality standards based on the relevant items listed in Annex II. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request.; | 3. Airport managing bodies located in a Member State shall establish service quality standards based on the relevant items listed in Annex II and which are under their direct responsibility. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request.; |
This amendment strengthens the rights of passengers and clarifies the duties of both airport managing bodies and air carriers in a fair and balanced manner. Items may be relevant but not within the direct responsibility of the airport managing body, making it difficult for them to effectively establish service quality standards. Therefore, this provision guarantees that these standards are properly established, monitored, and upheld, ensuring that each actor fulfils its respective responsibilities.
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Airport managing bodies located in a Member State shall establish service quality standards based on the relevant items listed in Annex II. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request.; | 3. Airport managing bodies located in a Member State shall establish service quality standards based on the relevant items listed in Annex 2 and which are under their direct responsibility. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request.; |
This amendment strengthens the rights of passengers and clarifies the duties of both airport managing bodies and air carriers in a fair and balanced manner. Items may be relevant but not within the direct responsibility of the airport managing body, making it difficult for them to effectively establish service quality standards. Since Annex 2 defines service quality standards without distinction for both airport managing bodies and air carriers, the proposed amendment guarantees that these standards are properly established, monitored, and upheld, ensuring that each actor fulfils its respective responsibilities. The Roman numeral 'II', which refers to the Annex, should be replaced by the number '2' to align with its actual numbering.
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Airport managing bodies located in a Member State shall establish service quality standards based on the relevant items listed in Annex II. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request.; | 3. Airport managing bodies located in a Member State shall establish service quality standards based on the relevant items listed in Annex 2 and which are under their direct responsibility. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request.; |
| Present text | Amendment |
|---|---|
| (4a) In Article 16, paragraph 1 is replaced by the following: | |
| Article 16 | "Article 16 |
| Infringements | Infringements |
| 1. Each Member State shall designate a body responsible for the enforcement of this Regulation as regards flights from airports situated on its territory and flights from a third country to such airports. Where appropriate, this body shall take the measures necessary to ensure that the rights of passengers are respected. The Member States shall inform the Commission of the body that has been designated in accordance with this paragraph. | 1. Each Member State shall designate a body responsible for the enforcement of this Regulation as regards flights from airports situated on its territory and flights from a third country to such airports. Where appropriate, this body shall take the measures necessary to ensure that the rights of passengers are respected. This body shall have sufficient investigative, supervisory, and sanctioning powers, including the ability to impose effective, proportionate, and dissuasive penalties, require corrective action plans, and publish enforcement outcomes. |
| " |
| Present text | Amendment |
|---|---|
| (4b) In Article 16, paragraph 2 is replaced by the following: | |
| 2. Without prejudice to Article 12, each passenger may complain to any body designated under paragraph 1, or to any other competent body designated by a Member State, about an alleged infringement of this Regulation at any airport situated on the territory of a Member State or concerning any flight from a third country to an airport situated on that territory. | "2. Without prejudice to Article 12, each passenger may complain to any body designated under paragraph 1, or to any other competent body designated by a Member State, about an alleged infringement of this Regulation at any airport situated on the territory of a Member State or concerning any flight from a third country to an airport situated on that territory. Member States shall ensure that complaint-handling bodies are independent, accessible to persons with disabilities, and respond within 30 days of receiving a complaint. |
| " |
| Present text | Amendment |
|---|---|
| (4c) In Article 16, paragraph 3 is replaced by the following: | |
| 3. The sanctions laid down by Member States for infringements of this Regulation shall be effective, proportionate and dissuasive. | "3. The rules on penalties laid down in Article 16cc of this Directive shall apply to infringements of this Regulation, including delay of payments from air carriers or intermediaries to passengers. Sanctions shall be effective, proportionate, and dissuasive, taking into account the frequency and severity of non-compliance. |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| Common form for reimbursement and compensation requests | Common form for reimbursement, lost luggage and compensation requests |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission shall adopt an implementing act establishing a common form for compensation and reimbursement requests under Articles 7 and 8. That common form shall be established in a format which is accessible to persons with disabilities and persons with reduced mobility. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 38 (2) of Regulation (EU) 2021/782 of the European Parliament and the Council15 . | 1. The Commission shall adopt an implementing act establishing a common form for compensation and reimbursement requests under Articles 7 and 8. That common form shall be established in a format which is accessible to persons with disabilities and persons with reduced mobility available in all Union languages. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 38 (2) of Regulation (EU) 2021/782 of the European Parliament and the Council15 . |
| 15 Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (recast) (OJ L 172, 17.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/782/oj). | 15 Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (recast) (OJ L 172, 17.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/782/oj). |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Passengers shall have the right to submit their requests using the common form referred to in paragraph 1. Operating air carriers and intermediaries shall not reject a request solely on the grounds that the passenger has not used that form. If a request is not sufficiently precise, the carrier shall ask the passenger to clarify the request and shall assist the passenger in doing so. | 2. Passengers shall have the right to submit their requests using the common form referred to in paragraph 1. Operating air carriers and intermediaries shall not reject a request solely on the grounds that the passenger has not used that form. If a request is not sufficiently precise, the carrier shall ask the passenger to clarify the request and shall assist the passenger in doing so. Requests submitted via this form shall be processed within 14 days, in accordance with Article 8(1) and Article 7(4). This provision is without prejudice to the passenger's right to automatic reimbursement or compensation under Articles 7 and 8. The submission of a request shall not constitute a precondition for receiving entitlements established under those Articles. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Passengers shall have the right to submit their requests using the common form referred to in paragraph 1. Operating air carriers and intermediaries shall not reject a request solely on the grounds that the passenger has not used that form. If a request is not sufficiently precise, the carrier shall ask the passenger to clarify the request and shall assist the passenger in doing so. | 2. Passengers shall have the right to submit their requests using the common form referred to in paragraph 1 at least in the language of the booking and in the language internationally accepted in this field. Operating air carriers and intermediaries shall not reject a request solely on the grounds that the passenger has not used that form. If a request is not sufficiently precise, the carrier shall ask the passenger to clarify the request and shall assist the passenger in doing so. |
Requiring carriers and intermediaries to accept information in all EU languages would create an excessive burden and lead to potential misunderstandings. Claims and information should instead be provided in the booking language or a widely accepted international language. These changes should also be included in the other four regulations of this proposal.
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. The common form shall be automatically provided by air carriers and intermediaries to all passengers who are denied boarding, whose flight is delayed by at least two hours, or who arrive at their final destination with a delay of more than three hours. The form shall be provided digitally or in print, depending on the contact details available and the passenger’s access needs. Provision of the form shall not be construed as shifting the burden of initiation onto the passenger where compensation or reimbursement is due automatically. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Air carriers and intermediaries shall provide details on their website such as an e-mail address, to which requests under paragraph 1 may be sent by electronic means. This requirement shall not apply where other electronic means of communication allowing passengers to request reimbursement or compensation exist, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are also available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. | 3. Air carriers and intermediaries shall send to passengers with the use of electronic means of communication, notably via email, where possible, the common form as soon as passengers are entitled to a refund or a compensation under this Regulation. Air carriers and intermediaries shall provide details on their website such as an e-mail address, to which requests under paragraph 1 may be sent by electronic means. This requirement shall not apply where other electronic means of communication allowing passengers to request reimbursement or compensation exist, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are also available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Air carriers and intermediaries shall provide details on their website such as an e-mail address, to which requests under paragraph 1 may be sent by electronic means. This requirement shall not apply where other electronic means of communication allowing passengers to request reimbursement or compensation exist, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are also available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. | 3. Air carriers and intermediaries shall provide clear information on their websites regarding the different electronic means that allow passengers to request reimbursement or compensation, such as an e-mail address, electronic forms or mobile applications, to which requests under paragraph 1 may be sent. Passengers shall have the right to submit their requests using the common form or any other mean, available and proposed by the air carrier or the intermediary. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. Regardless of the electronic mean used, passengers shall be provided with electronic confirmation as proof that such a request has been submitted. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. Additional electronic means of communication allowing passengers to request reimbursement or compensation can be implemented by air carriers and intermediaries, such as a form on a website or mobile applications. Where such electronic means of communication exists, they shall offer the choice and information set out in the common form and be available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. Additional electronic means of communication allowing passengers to request reimbursement or compensation can be implemented by air carriers and intermediaries, such as a form on a website or mobile applications. Where such electronic means of communication exists, they shall offer the choice and information set out in the common form and be available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3b. Air Carriers and intermediaries shall provide passengers with an acknowledgment of receipt, irrelevant the mean of communication used to request reimbursement, compensation or any other claims arising from the contract of carriage. Passengers shall also be provided with a full copy of the communication sent to the air carrier and the intermediaries, notably with the date and key information allowing consumers to assert their rights under this Regulation. Such acknowledgment and record-keeping obligations apply irrespective of whether the passenger initiates the communication or the reimbursement or compensation is issued automatically. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3b. Air carriers and intermediaries shall provide passengers with an acknowledgment of receipt, irrelevant of the means of communication used to request reimbursement, compensation or any other claims arising from the contract of carriage. Passengers shall also be provided with a full copy of the communication sent to the air carrier and the intermediaries, notably with the date and key information allowing consumers to assert their rights under this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4a. Air carriers and intermediaries shall proactively without delay or automatically by electronic means, communicate to passengers either the common form or a hyperlink providing full information and details on their respective websites in case the passengers are eligible for a refund or compensation under this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4b. For the event that a personal item or hand luggage 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 luggage. 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| (5a) "the following Article 16aa a is inserted: | |
| Article 16aaa | |
| Common rules on vouchers | |
| 1. Member States shall ensure that, where a contract is terminated, the air carrier may give the passenger the choice to accept a voucher instead of a reimbursement. | |
| 2. Before the passenger accepts the voucher, the air carrier shall inform the passenger clearly and prominently in writing about: (a) the fact that the passenger is entitled to a reimbursement within 14 days and is not obliged to accept a voucher, (b) the validity period of the voucher and the rights of passengers in relation to vouchers as laid down in this Article. | |
| 3. The value of the voucher offered shall correspond at least to the amount of the passenger is entitled for reimbursement. The air carrier may offer a voucher on a higher amount. | |
| 4. Passengers shall lose their right to reimbursement during the validity period of the voucher only if they expressly request and accept a voucher. The passenger may at any time request a reimbursement in form of money before a voucher expires. | |
| 5. Vouchers shall have a validity period of a maximum of 12 months from the day a passenger accepts a voucher in accordance with paragraph 4. | |
| 6. If the voucher is not redeemed within its validity period, the air carrier shall refund the amount specified in the voucher as soon as possible and at the latest within 14 days after the end of the validity period without the need of any prior request by the passenger. If the voucher is partially used, the air carrier shall refund the remaining unused amount to consumers. | |
| 7. Vouchers shall be transferable to another passenger without any additional cost. | |
| 8. Vouchers shall be covered by insolvency protection to be arranged by the air carrier under Article 8d of this Regulation for the amount of the payments received from the passenger. | |
| 9. Passengers shall be able to use their vouchers for all services proposed by the entity emitting the voucher. | |
| " |
Borja Giménez Larraz, Dolors Montserrat, Elena Nevado del Campo, Pablo Arias Echeverría, Pilar del Castillo Vera, Susana Solís Pérez
| Text proposed by the Commission | Amendment |
|---|---|
| (5a) The following Article 16a is inserted: | |
| Article 16a | |
| European Single Sanctioning Authority | |
| The European Commission will act as the supervising authority with sanctioning powers to ensure harmonised and effective enforcement of passenger rights. | |
| The European Commission will provide uniform supervision, fair sanctioning, and greater legal certainty, in regard to commercial practices that affect more than one Member State. It will enhance a swift dispute resolution and strengthen the single market’s efficiency in the air transport sector. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. National enforcement bodies shall ensure the swift rectification of non-compliance by air carriers, airport managing bodies and intermediaries as identified during their monitoring activities. They shall require carriers to submit an action plan to remedy non-compliance, as appropriate. | 5. National enforcement bodies shall ensure the swift rectification of non-compliance by air carriers, airport managing bodies and intermediaries as identified during their monitoring activities. They shall require carriers, managing airport bodies and intermediaries to submit an action plan to remedy non-compliance, as appropriate. They shall have the power to penalise effectively based on Article 16 cc of this Directive. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5a. Where action plans are inadequate or immediate action is required, National Enforcement Bodies (NEBs) shall take enforcement measures. Member States shall ensure NEBs have the necessary powers to impose effective penalties for infringements. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5b. National Enforcement Bodies shall have the authority to initiate enforcement actions based on individual complaints submitted by passengers. These actions shall not be contingent upon the outcome of previous monitoring activities. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5c. NEBs shall publish annual reports detailing enforcement actions, sanctions, and statistical data on complaints, cancellations, delays, and denied boardings, based on mandatory data from carriers, intermediaries, and airport managing bodies. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Carriers shall provide the national enforcement bodies with relevant documents and information at their request without undue delay and, in any event, within one month from the receipt of the request. | 1. Carriers, intermediaries and airport managing bodies shall provide the national enforcement bodies with relevant documents and information at their request without undue delay and, in any event, within one month from the receipt of the request. |
| Text proposed by the Commission | Amendment |
|---|---|
| Passenger complaints about an intermediary shall be handled by the National Enforcement Body of the Member State where the intermediary is established or, if the intermediary is established outside of the Union, of the Member State where the legal or natural person acting as its legal representative is based. Any intermediary selling tickets within the scope of this Regulation and not established in the Union shall designate a legal representative in at least one Member State. | |
| In case of failure to comply with their obligations or misconduct, intermediaries shall be subject to penalties. Member States shall lay down the penalties and enforcement rules applicable to infringements of this Regulation. |
The industry strongly believes that enforcing a penalty system for intermediaries for failure to comply is essential to incentivise them to meet their obligations. In order for such a penalty system to be effective, it is important for NEBs to have enforcement powers as well as jurisdiction over OTAs / intermediaries established outside the EU.
| Text proposed by the Commission | Amendment |
|---|---|
| (6a) "the following Article 16bc a is inserted: | |
| Article 16bca | |
| Penalties | |
| 1. In accordance with Article 24 of Directive 2011/83/EU, Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented effectively. | |
| 2. The penalties provided for must be effective, proportionate and dissuasive, taking into account, in particular: | |
| (a) the nature, gravity, duration and recurrence of the infringement; | |
| (b) whether the infringement has caused financial harm or distress to passengers, especially to persons with disabilities or vulnerable travellers; | |
| (c) any failure to comply with compensation, reimbursement or care obligations within the prescribed timeframes; | |
| (d) the failure to provide information to passengers in accessible formats or to respond to complaints as required. | |
| 3. In the case of delays in compensation or reimbursement beyond the time limits set out in this Regulation, penalties shall include: | |
| (a) mandatory interest on the overdue amount, and | |
| (b) administrative fines proportional to the delay and the number of affected passengers | |
| 4. Member States shall ensure that national enforcement bodies have the power to: | |
| (a) impose administrative fines; | |
| (b) order corrective actions and compliance measures; | |
| (c) publish sanctions and decisions taken. | |
| 5. The penalties shall be applicable to air carriers, intermediaries, airport managing bodies, and any other actors responsible for fulfilling obligations under this Regulation. | |
| 6. Member States shall notify the Commission of these rules and measures and of any subsequent amendments. They shall also ensure that information about penalties is made publicly available in an accessible and understandable format, including on the websites of enforcement bodies. | |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| (6 b) "the following Article 16bc b is inserted: | |
| New Article 16bc b | |
| Enforcement Authority and Complaint Handling | |
| 1. Member States shall designate a competent enforcement authority responsible for ensuring compliance with this Regulation. This authority shall supervise market operators, conduct periodic inspections, and enforce passenger rights under this Regulation. | |
| 2. Competent authorities shall establish and maintain a national database recording: | |
| (a) The number and nature of complaints related to passenger transport services, including multimodal and package travel arrangements; | |
| (b) Refund and insolvency claims, including the time taken for resolution; | |
| (c) Enforcement actions and sanctions applied to non-compliant operators. | |
| 3. Member States shall submit an annual compliance report to the European Commission detailing enforcement measures taken, sanctions imposed, unresolved complaints, and systemic market failures identified. The report shall be made publicly available in accessible formats. | |
| 4. Each air carrier, intermediary, and transport organiser having obligations toward passengers shall establish a transparent complaint-handling mechanism, and shall: | |
| (a) Provide their contact details and working languages at the time of booking or contract conclusion; Acknowledge receipt of any complaint automatically; | |
| (b) Provide a reasoned reply and resolution, or a justified explanation if unresolved, within 30 days; | |
| (c) Keep data related to each complaint throughout the handling period and make it available to national enforcement bodies upon request. | |
| 5. The complaint-handling procedure shall be made publicly accessible, including to persons with disabilities and persons with reduced mobility, in accordance with Directive (EU) 2019/882. | |
| 6. The European Commission shall establish a coordination mechanism for the exchange of enforcement data and best practices among Member States. This mechanism shall set minimum requirements for inspections and supervision, and promote consistent and effective enforcement across the Union. text proposed by the commission | |
| " |
| Present text | Amendment |
|---|---|
| (6c) Article 17 is replaced by the following: | |
| Article 17 | "Article 17 |
| Report | Report |
| The Commission shall report to the European Parliament and the Council by 1 January 2007 on the operation and the results of this Regulation, in particular regarding: | 1. A report shall be prepared by the Commission every two years and submitted to the European Parliament and the Council. The report shall assess the implementation and effectiveness of this Regulation, including: |
| - the incidence of denied boarding and of cancellation of flights, | (a) the incidence and handling of denied boarding, cancellations, and delays; |
| - the possible extension of the scope of this Regulation to passengers having a contract with a Community carrier or holding a flight reservation which forms part of a "package tour" to which Directive 90/314/EEC applies and who depart from a third-country airport to an airport in a Member State, on flights not operated by Community air carriers, | (b) the level and timeliness of reimbursement and compensation; the functioning of complaint-handling mechanisms and accessibility of information; |
| - the possible revision of the amounts of compensation referred to in Article 7(1). | (c) systemic market failures and patterns of non-compliance; the protection of persons with disabilities and reduced mobility; |
| The report shall be accompanied where necessary by legislative proposals. | (d) the role and performance of national enforcement bodies; |
| (e) and the integration of passenger rights in multimodal and package travel contexts. | |
| 2. The report shall be based on the enforcement data, compliance reports, and national monitoring results submitted by Member States pursuant to Articles 16d and 16e. It shall take into account passenger complaints, stakeholder input, and consultation with relevant consumer and disability organisations. | |
| 3. The report shall include, where appropriate: | |
| (a) recommendations on revising compensation levels under Article 7(1); | |
| (b) options for extending the scope of this Regulation to other transport modes or service types; | |
| (c) proposals to strengthen coordination between this Regulation and Directive (EU) 2015/2302 on package travel. | |
| 4. The report shall be published in accessible formats, in accordance with Directive (EU) 2019/882, and made available on the website of the Commission. | |
| 5.Where necessary, the report shall be accompanied by legislative proposals. | |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| (-1) In Article 2, the following definition is added: | |
| "(la) ‘automatic payment’ means a refund or compensation payment that is issued to the affected passenger without the need for a formal request or claim. The operating air carrier, intermediary, or transport provider shall process such payments within the required timeframe based on the disruption event, using the original method of payment unless otherwise agreed upon by the passenger. | |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| ( -1) In Article 2, the following definition is added: | |
| (la) "service quality standards" means key performance indicators measuring the level of performance of the airport managing body or the air carriers pursuant respectively to articles 9 and 10 as well as the level of compliance identified on the basis of the indicators set out in Annex III which are under their direct responsibility. |
This amendment ensures a clearer and more precise interpretation of service quality standards, aligning them with the provisions already set in the existing regulation 1107/2006 and, at the same time, with the Commission’s 2023 proposal on the enforcement of passenger rights. By doing so, it provides a more comprehensive and well-defined legal framework for both air carriers and airport managing bodies, reducing ambiguities and overlaps, but also ensuring compliance. Moreover, the possibility for air carriers to set service quality standards completes the regulatory framework.
| Text proposed by the Commission | Amendment |
|---|---|
| (-1) In Article 2, the following definition is added: | |
| (la) 'service quality standards' means key performance indicators measuring the level of performance of the airport managing body or the air carriers pursuant respectively to Article 9 and Article 10 as well as the level of compliance identified on the basis of the indicators set out in Annex III which are under their direct responsibility. |
This amendment ensures a clearer and more precise interpretation of service quality standards, aligning them with the provisions already set in the existing regulation 1107/2006 and with the Commission’s 2023 proposal on the enforcement of passenger rights. By doing so, it provides a more comprehensive and well-defined legal framework for both air carriers and airport managing bodies, reducing ambiguities and overlaps, but also ensuring compliance. Moreover, the possibility for air carriers to set service quality standards completes the regulatory framework.
| Text proposed by the Commission | Amendment |
|---|---|
| (-1a) in Article 2 the following definition is added: | |
| ‘service quality standards’ means key performance indicators measuring the level of performance of the airport managing body or the air carriers pursuant respectively to articles 9 and 10 as well as the level of compliance identified on the basis of the indicators set out in Annex III which are under their direct responsibility. |
| Present text | Amendment |
|---|---|
| (-1a) In Article 4, paragraph 1 is replaced by the following: | |
| Article 4 | "Article 4 |
| Derogations, special conditions and information | Derogations, special conditions and information |
| 1. Notwithstanding the provisions of Article 3, an air carrier or its agent or a tour operator may refuse, on the grounds of disability or of reduced mobility, to accept a reservation from or to embark a disabled person or a person with reduced mobility: | 1. Notwithstanding the provisions of Article 3, an air carrier or its agent or a tour operator may refuse to accept a reservation from or to embark a disabled person or a person with reduced mobility: |
| (a) in order to meet applicable safety requirements established by international, Community or national law or in order to meet safety requirements established by the authority that issued the air operator's certificate to the air carrier concerned; | (b) if the size of the aircraft or its doors makes the embarkation or carriage of that disabled person or person with reduced mobility physically impossible. |
| (b) if the size of the aircraft or its doors makes the embarkation or carriage of that disabled person or person with reduced mobility physically impossible. | In the event of refusal to accept a reservation on the grounds referred to under point (b) of the first subparagraph, the air carrier, its agent or the tour operator shall propose an acceptable alternative to the person in question. |
| In the event of refusal to accept a reservation on the grounds referred to under points (a) or (b) of the first subparagraph, the air carrier, its agent or the tour operator shall make reasonable efforts to propose an acceptable alternative to the person in question. | A disabled person or a person with reduced mobility who has been denied embarkation and any person accompanying this person pursuant to paragraph 2 of this Article shall be offered the right to compensation, reimbursement or re-routing as provided for in Article 7 and 8 of Regulation (EC) No 261/2004. The right to the option of a return flight or re-routing shall be conditional upon all safety requirements being met. |
| A disabled person or a person with reduced mobility who has been denied embarkation on the grounds of his or her disability or reduced mobility and any person accompanying this person pursuant to paragraph 2 of this Article shall be offered the right to reimbursement or re-routing as provided for in Article 8 of Regulation (EC) No 261/2004. The right to the option of a return flight or re-routing shall be conditional upon all safety requirements being met. | " |
| Present text | Amendment |
|---|---|
| (-1b) In Article 4, paragraph 2 is replaced by the following: | |
| 2. Under the same conditions referred to in paragraph 1, first subparagraph, point (a), an air carrier or its agent or a tour operator may require that a disabled person or person with reduced mobility be accompanied by another person who is capable of providing the assistance required by that person. | "2. An air carrier or its agent or a tour operator may require that a disabled person or person with reduced mobility be accompanied by another person who is capable of providing the assistance required by that person to meet applicable safety requirements, where they exist. |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| Air carriers, their agents or a tour operator shall ensure that such an accompanying person travels free of charge and, where practicable, sits next to the person with disabilities or to the person with reduced mobility.; | deleted |
While the industry understands the intent behind offering free fares for safety assistants accompanying passengers with disabilities or passengers with reduced mobility, there are important practical issues which must be carefully considered. Air carriers are subject to more stringent safety requirements than other transport modes and would only require an accompanying person to comply with safety regulations that have been imposed by the authorities (e.g. EASA Regulation). It is therefore not the choice of the carrier but rather a necessary measure to meet the applicable requirements that have been set to provide the highest standards of safety in air travel. To comply with these regulations, we ask passengers a set of safety-related questions. If they indicate that they are unable to perform any of the following tasks independently, they are required to travel with an accompanying person:•Unfasten a seatbelt•Leave a seat and reach an emergency exit unaided•Retrieve and fit a life jacket•Put on an oxygen mask without assistance•Understand the safety briefing
| Text proposed by the Commission | Amendment |
|---|---|
| Air carriers, their agents or a tour operator shall ensure that such an accompanying person travels free of charge and, where practicable, sits next to the person with disabilities or to the person with reduced mobility.; | Air carriers, their agents or a tour operator shall ensure that such an accompanying person travels free of charge and, where practicable, sits next to the person with disabilities or to the person with reduced mobility, if it is necessary for security reasons for that person to be accompanied during the flight; |
Based on security considerations, the airline shall decide who needs to be accompanied during the flight. EASA shall develop a common interpretation of security reasons. This amendment is linked to the recital on EASA.
| Text proposed by the Commission | Amendment |
|---|---|
| Air carriers, their agents or a tour operator shall ensure that such an accompanying person travels free of charge and, where practicable, sits next to the person with disabilities or to the person with reduced mobility.; | Air carriers, their agents or a tour operator shall ensure that such an accompanying person is only obliged to pay unavoidable taxes and fees in accordance with local aviation law and, where practicable, sits next to the person with disabilities or to the person with reduced mobility.; |
Flights related to public utility or rescue fly free of charge (no taxes or fees for passengers). This catalogue is closed in the aviation law and the carrier or the manager of the airport cannot independently add a category exempt from airport fees at his own discretion. If we put 'free of charge' we create a punishment mechanism for the airlines and risk that they will not allow such persons at all to avoid costs. We can limit to costs for such accompanying persons only to the taxes and fees. This way we do not discourage the carrier on the one hand and the customer pays very little on the other hand.
| Present text | Amendment |
|---|---|
| (1a) In Article 6, paragraph 2 is replaced by the following: | |
| 2. When an air carrier or its agent or a tour operator receives a notification of the need for assistance at least 48 hours before the published departure time for the flight, it shall transmit the information concerned at least 36 hours before the published departure time for the flight: | "2. When an air carrier or its agent or a tour operator receives a notification of the need for assistance it shall transmit the information immediately |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| (1a) Article 7, paragraph 1 is replaced by the following: | |
| 1. When a disabled person or person with reduced mobility arrives at an airport for travel by air, the managing body of the airport shall be responsible for ensuring the provision of the assistance specified in Annex I in such a way that the person is able to take the flight for which he or she holds a reservation, provided that the notification of the person's particular needs for such assistance has been made to the air carrier or its agent or the tour operator concerned at least 48 hours before the published time of departure of the flight. This notification shall also cover a return flight, if the outward flight and the return flight have been contracted with the same air carrier. | 1. When a disabled person or person with reduced mobility arrives at an airport for travel by air, the managing body of the airport shall be responsible for ensuring the provision of the assistance specified in Annex I in such a way that the person is able to take the flight for which he or she holds a reservation, provided that the notification of the person's particular needs for such assistance has been made to the air carrier or its agent or the tour operator concerned preferably at the time of the booking or at least 72 hours before the published time of departure of the flight. This notification shall also cover a return flight, if the outward flight and the return flight have been contracted with the same air carrier. |
Earlier notification, ideally at booking, improves service delivery. Most complaints stem from delays or lack of wheelchair assistance at major airports, highlighting the need for early cooperation between airlines, airports, and service providers, especially during peak seasons. This amendment is linked to the corresponding amendment in the multimodal file.
| Text proposed by the Commission | Amendment |
|---|---|
| (1a) In article 7, the following point is inserted : | |
| 7a. Passengers with disabilities or reduced mobility who miss a flight due to a delay or lack of airport assistance services should be adequately cared for while they are waiting for re-routing. |
| Present text | Amendment |
|---|---|
| (1b) In Article 7, paragraph 1 is replaced by the following: | |
| Article 7 | "Article 7 |
| Right to assistance at airports | Right to assistance at airports |
| 1. When a disabled person or person with reduced mobility arrives at an airport for travel by air, the managing body of the airport shall be responsible for ensuring the provision of the assistance specified in Annex I in such a way that the person is able to take the flight for which he or she holds a reservation, provided that the notification of the person's particular needs for such assistance has been made to the air carrier or its agent or the tour operator concerned at least 48 hours before the published time of departure of the flight. This notification shall also cover a return flight, if the outward flight and the return flight have been contracted with the same air carrier. | 1. When a person with disabilities or person with reduced mobility arrives at an airport for travel by air, the managing body of the airport shall be responsible for ensuring the provision of the assistance specified in Annex I in such a way that the person is able to take the flight for which he or she holds a reservation. |
| " |
| Present text | Amendment |
|---|---|
| (1c) In Article 7, paragraph 3 is replaced by the following: | |
| 3. If no notification is made in accordance with paragraph 1, the managing body shall make all reasonable efforts to provide the assistance specified in Annex I in such a way that the person concerned is able to take the flight for which he or she holds a reservation. | "3. If no notification is made in accordance with paragraph 1, the managing body shall make all reasonable efforts to provide the assistance specified in Annex I in such a way that the person concerned is able to take the flight for which he or she holds a reservation. Such efforts must not result in a denial of assistance unless all reasonable alternatives have been exhausted |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| (1d) In Article 7, the following paragraph is added: | |
| 7a. Persons with disabilities or reduced mobility who miss a flight due to lack of timely assistance or airport service, or due to delays in connecting assistance, shall be entitled to immediate care while awaiting rerouting, and shall be entitled to claim reimbursement if rerouting is not provided under satisfactory conditions. |
| Present text | Amendment |
|---|---|
| (1d) In Article 7, paragraph 7 is replaced by the following: | |
| 7. The assistance provided shall, as far as possible, be appropriate to the particular needs of the individual passenger. | "7. The assistance provided shall, as far as possible, be appropriate to the particular needs of the individual passenger. Passengers shall be involved in the planning of assistance to ensure their preferences, safety, and autonomy are respected, including choice in methods of mobility, communication, and handling of personal assistance devices. |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| (1a) In Article 10, the following sentence is added: | |
| The personal assistant, recognised as such in accordance with national practices, shall travel with a free of charge and, when possible, be seated next to the person with disabilities. |
| Present text | Amendment |
|---|---|
| (1f) Article 10 is replaced by the following: | |
| Article 10 | "Article 10 |
| Assistance by air carriers An air carrier shall provide the assistance specified in Annex II without additional charge to a disabled person or person with reduced mobility departing from, arriving at or transiting through an airport to which this Regulation applies provided that the person in question fulfils the conditions set out in Article 7(1), (2) and (4). | An air carrier shall provide the assistance specified in Annex II without additional charge to a disabled person or person with reduced mobility departing from, arriving at or transiting through an airport to which this Regulation applies provided that the person in question fulfils the conditions set out in Article 7(1), (2) and (4). The personal assistant, recognised as such in accordance with national practices, shall travel free of charge and be seated next to the person with disabilities. |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| (1b) Article 10 is replaced by the following: | |
| An air carrier shall provide the assistance specified in Annex II without additional charge to a disabled person or person with reduced mobility departing from, arriving at or transiting through an airport to which this Regulation applies provided that the person in question fulfils the conditions set out in Article 7(1), (2) and (4) | "An air carrier shall provide the assistance specified in Annex II without additional charge to a disabled person or person with reduced mobility departing from, arriving at or transiting through an airport to which this Regulation applies provided that the person in question fulfils the conditions set out in Article 7(1), (2) and (4).The personal assistant, recognised as such in accordance with national practices, shall have the possibility to be seated next to the person with disabilities." |
| Text proposed by the Commission | Amendment |
|---|---|
| (2) the following Article 10a is inserted: | deleted |
| ‘ | |
| Article 10a | |
| Service quality standards for air carriers | |
| 1. Air carriers shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex III. | |
| 2. Air carriers shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on their website by [2 years after the Regulation becomes applicable], and every two years thereafter. This report shall not contain personal data. | |
| ’ |
As regards the specific quality standards and reporting requirements in Annex 3, airlines may not have access to all of the relevant information, as this is usually sensitive and subject to data privacy rules. To ensure compliance with those rules, airlines may delete the information after a period of time. Moreover, airport managing bodies play an important role in handling mobility equipment and providing assistance to and from the aircraft. Also here, the industry calls on the legislators to avoid the introduction of additional, unnecessary reporting requirements.
| Text proposed by the Commission | Amendment |
|---|---|
| (2) the following Article 10a is inserted: | deleted |
| ‘ | |
| Article 10a | |
| Service quality standards for air carriers | |
| 1. Air carriers shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex III. | |
| 2. Air carriers shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on their website by [2 years after the Regulation becomes applicable], and every two years thereafter. This report shall not contain personal data. | |
| ’ |
| Text proposed by the Commission | Amendment |
|---|---|
| Service quality standards for air carriers | Service quality standards for air carriers and airport managing bodies |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Air carriers shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex III. | 1. Air carriers shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex III. They shall include indicators for the treatment of persons with disabilities and persons with reduced mobility, the timeliness of assistance and reimbursement, and the accessibility and usability of communication and information channels. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Air carriers shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on their website by [2 years after the Regulation becomes applicable], and every two years thereafter. This report shall not contain personal data. | 2. Air carriers, intermediaries and airport managing bodies shall monitor their compliance with their obligations under this Regulation on their website. They shall publish a report on their service quality performance on their website by [2 years after the Regulation becomes applicable], and every two years thereafter. This report shall include disaggregated data where applicable, and shall be available in accessible formats in accordance with Directive (EU) 2019/882.This report shall not contain personal data.’ |
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. Airport managing bodies located in a Member State shall establish service quality standards based on relevant items listed in Annex III. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request. |
| Present text | Amendment |
|---|---|
| (2a) Article 12 is replaced by the following: | |
| Article 12 | "Article 12 |
| Compensation for lost or damaged wheelchairs, other mobility equipment and assistive devices. | Compensation for lost or damaged wheelchairs, other mobility equipment and assistive devices. |
| Where wheelchairs or other mobility equipment or assistive devices are lost or damaged whilst being handled at the airport or transported on board aircraft, the passenger to whom the equipment belongs shall be compensated, in accordance with rules of international, Community and national law. | 1. Where air carriers and airport managing bodies cause the loss of, or damage to, mobility equipment, including wheelchairs, and assistive devices, or the loss of, or injury to, assistance dogs used by persons with disabilities and persons with reduced mobility, they shall be liable for that loss, damage or injury, and provide compensation without undue delay. |
| That compensation shall comprise: | |
| (a) the cost of replacement or repair of the mobility equipment or assistive devices lost or damaged; | |
| (b) the cost of replacement or the treatment of the injury of an assistance dog that was lost or injured; | |
| (c) reasonable costs of temporary replacement for mobility equipment, assistive devices or assistance dogs where such replacement is not provided by the air carriers or airport managing body in accordance with paragraph 2. | |
| (d) any cost for the passenger derived from the loss or damage of mobility equipment or assistive device, or from the loss or injury of assistance dogs, until the temporary replacement has been provided. | |
| 2. Where paragraph 1 applies, air carriers and airport managing bodies shall rapidly make all reasonable efforts to provide immediately needed temporary replacements for mobility equipment or assistive devices. The person with disabilities or the person with reduced mobility shall be permitted to keep that temporary replacement equipment or device until the compensation referred to in paragraph 1 has been paid. | |
| " |
| Present text | Amendment |
|---|---|
| (2a) Article 12 is replaced by the following: | |
| Article 12 | "Article 12 |
| Compensation for lost or damaged wheelchairs, other mobility equipment and assistive devices | 1. Where air carriers and airport managing bodies cause the loss of, or damage to, mobility equipment, including wheelchairs, and assistive devices, or the loss of, or injury to, assistance dogs used by persons with disabilities and persons with reduced mobility, they shall be liable for that loss, damage or injury, and provide compensation without undue delay. That compensation shall comprise: |
| Where wheelchairs or other mobility equipment or assistive devices are lost or damaged whilst being handled at the airport or transported on board aircraft, the passenger to whom the equipment belongs shall be compensated, in accordance with rules of international, Community and national law. | (a) the cost of replacement or repair of the mobility equipment or assistive devices lost or damaged; |
| (b) the cost of replacement or the treatment of the injury of an assistance dog that was lost or injured; | |
| (c) reasonable costs of temporary replacement for mobility equipment, assistive devices or assistance dogs where such replacement is not provided by the air carriers or airport managing body in accordance with paragraph 2; | |
| (d) any cost for the passenger derived from the loss or damage of mobility equipment or assistive device, or from the loss or injury of assistance dogs, until the temporary replacement has been provided. | |
| 2. Where paragraph 1 applies, air carriers and airport managing bodies shall rapidly make all reasonable efforts to provide immediately needed temporary replacements for mobility equipment or assistive devices. The person with disabilities or the person with reduced mobility shall be permitted to keep that temporary replacement equipment or device until the compensation referred to in paragraph 1 has been paid. | |
| " |
| Present text | Amendment |
|---|---|
| (2a) Article 12 is amended as follows: | |
| Where wheelchairs or other mobility equipment or assistive devices are lost or damaged whilst being handled at the airport or L 204/6 EN Official Journal of the European Union 26.7.2006 transported on board aircraft, the passenger to whom the equipment belongs shall be compensated, in accordance with rules of international, Community and national law. | "Where air carriers and airport managing bodies cause the loss of, or damage to, mobility equipment, including wheelchairs, and assistive devices, or the loss of, or injury to, recognised assistance dogs used by persons with disabilities and persons with reduced mobility, they shall be liable for that loss, damage or injury, and provide compensation without undue delay. |
| That compensation shall comprise: | |
| (a) the cost of replacement or repair of the mobility equipment or assistive devices lost or damaged; | |
| (b) the cost of replacement or the treatment of the injury of a recognised assistance dog that was lost or injured; and | |
| (c) reasonable costs of temporary replacement for mobility equipment, assistive devices or recognised assistance dogs where such replacement is not provided by the railway undertaking or the station manager in accordance with paragraph 2. | |
| " |
| Present text | Amendment |
|---|---|
| (2a) In Article 12 , the title is replaced by the following: | |
| Compensation for lost or damaged wheelchairs, other mobility equipment and assistive devices | "Compensation for lost or damaged mobility equipment, assistive devices and loss or injury of a recognised assistance dog caused by air carriers or airport managing bodies |
| " |
| Present text | Amendment |
|---|---|
| (2b) Article 12 (1) is replaced by the following: | |
| Where wheelchairs or other mobility equipment or assistive devices are lost or damaged whilst being handled at the airport or transported on board aircraft, the passenger to whom the equipment belongs shall be compensated, in accordance with rules of international, Community and national law. | "1. Where air carriers and ground operators cause the loss of, or damage to, mobility equipment, including wheelchairs, and assistive devices, or the loss of, or injury to, recognised assistance dogs used by persons with disabilities and persons with reduced mobility, they shall be liable for that loss, damage or injury, and provide compensation without undue delay. That compensation shall comprise: |
| (a) the cost of replacement or repair of the mobility equipment or assistive devices lost or damaged; | |
| (b) the cost of replacement or the treatment of the injury of a recognised assistance dog that was lost or injured; | |
| (c) any cost for the passenger derived from the loss or injury of recognised assistance dogs. | |
| " |
| Present text | Amendment |
|---|---|
| (2c) Article 12 is replaced by the following : | |
| Where wheelchairs or other mobility equipment or assistive devices are lost or damaged whilst being handled at the airport or transported on board aircraft, the passenger to whom the equipment belongs shall be compensated, in accordance with rules of international, Community and national law. | "1. Where wheelchairs or other mobility equipment or assistive devices are lost or damaged whilst being handled at the airport or transported on board aircraft, the passenger to whom the equipment belongs shall be compensated, in accordance with rules of international, Community and national law. |
| 2. Where it cannot be proven or it is not possible to determine whether the air carrier or the ground operator is responsible for the loss or damage of mobility equipment or assistive devices, or for the loss or injury of a recognised assistance dog, the responsibility shall be equally shared between both parties to ensure the passenger receives compensation. | |
| " |
| Present text | Amendment |
|---|---|
| (2b) In Article 14, paragraph 1 is replaced by the following: | |
| Article 14 | "Article 14 |
| Enforcement body and its tasks | Enforcement body and its tasks |
| 1. Each Member State shall designate a body or bodies responsible for the enforcement of this Regulation as regards flights departing from or arriving at airports situated in its territory. Where appropriate, this body or bodies shall take the measures necessary to ensure that the rights of disabled persons and persons with reduced mobility are respected, including compliance with the quality standards referred to in Article 9(1). The Member States shall inform the Commission of the body or bodies designated. | 1. Each Member State shall designate a body or bodies responsible for the enforcement of this Regulation as regards flights departing from or arriving at airports situated in its territory. That body shall supervise compliance by air carriers, airport managing bodies and tour operators, including through regular inspections, audits and a risk-based monitoring programme. Where appropriate, this body or bodies shall take the measures necessary to ensure that the rights of persons with disabilities and persons with reduced mobility are respected, including compliance with the quality standards referred to in Article 9(1). The Member States shall inform the Commission of the body or bodies designated. |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| (2d) In Article 14, the following paragraph is added: | |
| "2a. National enforcement bodies shall have the power to require air carriers, airport managing bodies and tour operators to provide relevant information without undue delay and shall ensure the swift rectification of non-compliance, including through requiring corrective action plans where appropriate. | |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| (2e) In Article 14, the following paragraph is added: | |
| "2b. The rules on penalties laid down in Article 16 of this Directive shall apply to infringements of this Regulation, including unjustified delays in the provision of assistance, reimbursement or compensation. Such penalties shall be effective, proportionate and dissuasive | |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| (2f) In Article 14, the following paragraph is added: | |
| "2c. On the basis of data which air carriers, airport managing bodies, intermediaries are required to provide on service quality standards as defined in Article 10a the national Enforcement bodies shall publish statistics concerning the assistance provided to persons with disabilities and related complaints. | |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Compliance monitoring activities shall be based on the assessment of risks and carried out by means of audits, inspections, interviews, verifications and examination of documents as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified. | 4. Compliance monitoring activities shall be based on the assessment of risks and carried out by means of audits, website and app reviews - including on accessibility - inspections, interviews, verifications and examination of documents as appropriate. They shall include both announced and unannounced activities which should be carried out in cooperation with persons with disabilities and their representative organisations. The monitoring activities shall be proportionate to the risks identified. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. National enforcement bodies shall ensure the swift rectification of non-compliance by air carriers, airport managing bodies and tour operators as identified during their monitoring activities. They shall require air carriers, airport managing bodies and tour operators to submit an action plan to remedy non-compliance, as appropriate. | 5. National enforcement bodies shall ensure the swift rectification of non-compliance by air carriers, airport managing bodies and tour operators as identified during their monitoring activities. They shall require air carriers, managing airport bodies and intermediaries to submit an action plan to remedy non-compliance, as appropriate. They shall have the power to penalise effectively based on Article 16 of this Directive. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The compliance monitoring programme under paragraph 1, the risk assessment under paragraph 2 as well as their findings shall be communicated to the Commission by 30 June XXXX [2 years after the Regulation becomes applicable], and every two years thereafter. | 6. .Every two years, the national enforcement bodies shall publish reports with statistics on their activity, including on the complaints received and penalties applied by 30 June XXXX [2 years after the Regulation becomes applicable], and every two years thereafter. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. At the request of the Commission, the national enforcement bodies shall investigate specific suspected practices of non-compliance with the obligations laid down in this Regulation by one or several air carriers, airport managing bodies and tour operators and report its findings to the Commission within four months of the request. | 2. At the request of the Commission, the national enforcement bodies shall investigate specific suspected practices of non-compliance with the obligations laid down in this Regulation by one or several air carriers, airport managing bodies and tour operators and report publicly its findings to the Commission within four months of the request. The findings shall be disaggregated where relevant and include the impact on accessibility and equal treatment. |
| Present text | Amendment |
|---|---|
| (3a) In Article 15, paragraph 1 is replaced by the following: | |
| Article 15 | "Article 15 |
| Complaint procedure | Complaint procedure |
| 1. A disabled person or person with reduced mobility who considers that this Regulation has been infringed may bring the matter to the attention of the managing body of the airport or to the attention of the air carrier concerned, as the case may be. | 1. A person with disabilities or person with reduced mobility who considers that this Regulation has been infringed may bring the matter to the attention of the managing body of the airport or to the air carrier concerned. Air carriers and airport managing bodies shall establish accessible complaint-handling mechanisms and make their contact details and working languages widely known to passengers. |
| " |
| Present text | Amendment |
|---|---|
| (3b) In Article 15, paragraph 2 is replaced by the following: | |
| 2. If the disabled person or person with reduced mobility cannot obtain satisfaction in such way, complaints may be made to any body or bodies designated under Article 14(1), or to any other competent body designated by a Member State, about an alleged infringement of this Regulation. | "2. If the person cannot obtain satisfaction in such way, complaints may be made to any body designated under Article 14(1), or to any other competent body designated by a Member State. |
| " |
| Present text | Amendment |
|---|---|
| (3c) In Article 15, paragraph 3 is replaced by the following: | |
| 3. A body in one Member State which receives a complaint concerning a matter that comes under the responsibility of a designated body of another Member State shall forward the complaint to the body of that other Member State. | "3. Complaints may be submitted digitally, electronically, or by other accessible means. Acknowledgement of receipt shall be issued automatically for electronic submissions and within seven days for other formats. A reasoned reply shall be provided within two months. If no reply is given within that period, the complaint shall be deemed accepted. |
| " |
| Present text | Amendment |
|---|---|
| (3d) In Article 15, paragraph 4 is replaced by the following: | |
| 4. The Member States shall take measures to inform disabled persons and persons with reduced mobility of their rights under this Regulation and of the possibility of complaint to this designated body or bodies. | "4. The reply shall include the contact details of the relevant national enforcement body referred to in Article 14(1), including postal address, phone number, email, and website. |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| (3e) In Article 15, the following paragraph is added: | |
| "4a. Information on the complaint-handling procedure shall be accessible to the public and available in accessible formats, including in the language of the booking, upon request. | |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| (3a) the following Article 15a is inserted: | |
| Article 15a | |
| Information on passenger rights | |
| 1. ‘When selling tickets for services falling within the scope of this Regulation, carriers, ticket vendors, travel agents, tour operators and terminal operators shall, within their respective areas of competence, ensure that passengers are provided with appropriate and comprehensible information regarding their rights under this Regulation.’ This information shall include contact details of the enforcement body or bodies designated by the Member State pursuant to Article 14. | |
| 2. In order to comply with the information requirement referred to in paragraph 1, carriers and terminal managing bodies may use a summary of the provisions of this Regulation prepared by the Commission in all the official languages of the institutions of the European Union and made available to them. | |
| 3. The information in this article shall be provided in accessible formats in accordance with the accessibility requirements set out in Annex I of Directive 2019/882. |
| Present text | Amendment |
|---|---|
| (3f) Article 16 is replaced by the following: | |
| Article 16 | "Article 16 |
| Penalties | Penalties |
| The Member States shall lay down rules on penalties applicable to infringements of this Regulation and shall take all the measures necessary to ensure that those rules are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission and shall notify it without delay of any subsequent amendment affecting them. | 1. In accordance with Article 24 of Directive 2011/83/EU, Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented effectively. |
| 2. The penalties provided for must be effective, proportionate and dissuasive, taking into account, in particular: | |
| — the nature, gravity, duration and recurrence of the infringement; | |
| — whether the infringement has caused financial harm or distress to passengers, especially to persons with disabilities or vulnerable travellers; | |
| — any failure to comply with compensation, reimbursement or care obligations within the prescribed timeframes; | |
| — the failure to provide information to passengers in accessible formats or to respond to complaints as required. | |
| 3. In the case of delays in compensation or reimbursement beyond the time limits set out in this Regulation, penalties shall include: | |
| — mandatory interest on the overdue amount, and | |
| — administrative fines proportional to the delay and the number of affected passengers. | |
| 4. Member States shall ensure that national enforcement bodies have the power to: | |
| — impose administrative fines; | |
| — order corrective actions and compliance measures; | |
| — publish sanctions and decisions taken. | |
| 5. The penalties shall be applicable to air carriers, intermediaries, airport managing bodies, and any other actors responsible for fulfilling obligations under this Regulation. | |
| 6. Member States shall notify the Commission of these rules and measures and of any subsequent amendments. They shall also ensure that information about penalties is made publicly available in an accessible and understandable format, including on the websites of enforcement bodies. | |
| " |
| Present text | Amendment |
|---|---|
| (4a) Article 17 is replaced by the following: | |
| Article 17 | "Article 17 |
| Report | Report |
| The Commission shall report to the European Parliament and the Council by 1 January 2010 at the latest on the operation and the effects of this Regulation. The report shall be accompanied where necessary by legislative proposals implementing in further detail the provisions of this Regulation, or revising it. | The Commission shall prepare a report every three years and submit it to the European Parliament and the Council. The report shall assess the implementation and effectiveness of this Regulation, including: |
| — the incidence and handling of denied boarding, cancellations, and delays; | |
| — the level and timeliness of reimbursement and compensation; | |
| — the functioning of complaint-handling mechanisms and accessibility of information; — systemic market failures and patterns of non-compliance; | |
| — the protection of persons with disabilities and persons with reduced mobility; | |
| — the role and performance of national enforcement bodies; | |
| — and the integration of passenger rights in multimodal and package travel contexts. | |
| The report shall be based on enforcement data, compliance reports, and national monitoring results submitted by Member States. It shall also take into account passenger complaints, stakeholder input, and consultation with relevant consumer and disability organisations. | |
| Where appropriate, the report shall include recommendations on revising compensation levels under Article 7(1), options for extending the scope of this Regulation to other transport modes or service types, and proposals to strengthen coordination between this Regulation and Directive (EU) 2015/2302 on package travel. | |
| The report shall be published in accessible formats, in accordance with Directive (EU) 2019/882, and made available on the website of the Commission. | |
| Where necessary, the report shall be accompanied by legislative proposals. | |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| (-1) In Article 3, the following definition is added: | |
| "(ua) automatic payment’ means a refund or compensation payment that is issued to the affected passenger without the need for a formal request or claim. The operating air carrier, intermediary, or transport provider shall process such payments within the required timeframe based on the disruption event, using the original method of payment unless otherwise agreed upon by the passenger. | |
| " |
| Present text | Amendment |
|---|---|
| In Article 9, paragraph 1 is replaced by the following: | |
| Article 9 | "Article 9 |
| Accessibility and information | Accessibility and information |
| 1. In cooperation with organisations representative of disabled persons or persons with reduced mobility, carriers and terminal operators shall, where appropriate through their organisations, establish, or have in place, non-discriminatory access conditions for the transport of disabled persons and persons with reduced mobility and accompanying persons. The access conditions shall upon request be communicated to national enforcement bodies. | 1. In cooperation with organisations representative of persons with disabilities or persons with reduced mobility, carriers and terminal operators shall, where appropriate through their organisations, establish, or have in place, non-discriminatory access conditions for the transport of persons with disabilities and persons with reduced mobility and accompanying persons. These conditions shall be based on the principles of universal design and in compliance with accessibility requirements under Directive (EU) 2019/882. The access conditions shall upon request be communicated to national enforcement bodies. |
| " |
| Present text | Amendment |
|---|---|
| In Article 9, paragraph 3 is replaced by the following: | |
| 3. Tour operators shall make available the access conditions provided for in paragraph 1 which apply to journeys included in package travel, package holidays and package tours which they organise, sell or offer for sale. | "3. Tour operators shall make available the access conditions provided for in paragraph 1 which apply to journeys included in package travel, package holidays and package tours which they organise, sell or offer for sale. They shall also ensure that this information is available in accessible formats, upon request, and clearly communicated at the time of booking and confirmation. |
| " |
| Present text | Amendment |
|---|---|
| In Article 9, paragraph 4 is replaced by the following: | |
| 4. Carriers, travel agents and tour operators shall ensure that all relevant information, including online reservation and information, concerning the conditions of carriage, journey information and access conditions is available in appropriate and accessible formats for disabled persons and persons with reduced mobility. Persons needing assistance shall receive confirmation of such assistance by any means available, including electronic means or Short Message Service (SMS). | "4. Carriers, travel agents and tour operators shall ensure that all relevant information, including online reservation and information, concerning the conditions of carriage, journey information and access conditions is available proactively and free of charge in appropriate and accessible formats for persons with disabilities and persons with reduced mobility. This shall include the booking process, ticketing, itinerary changes, disruptions, and on-board services. Persons needing assistance shall receive confirmation of such assistance by any means available, including electronic means or Short Message Service (SMS). |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| (1d) In Article 11, the following paragraph is inserted : | |
| 5a. Where a person with disabilities or person with reduced mobility misses a journey or connection due to failure of the carrier or terminal operator to provide adequate assistance, the carrier shall, free of charge, offer re-routing under comparable conditions at the earliest opportunity or reimbursement, and shall provide care, including meals, accommodation where necessary, and support while waiting for alternative transport. |
| Present text | Amendment |
|---|---|
| Article 13 is replaced by the following: | |
| Article 13 | "Article 13 |
| Quality standards for assistance | Quality standards for assistance |
| 1. Terminal operators and carriers operating port terminals or passenger services with a total of more than 100 000 commercial passenger movements during the previous calendar year shall, within their respective areas of competence, set quality standards for the assistance specified in Annexes II and III and shall, where appropriate through their organisations, determine resource requirements for meeting those standards, in cooperation with organisations representative of disabled persons or persons with reduced mobility. | 1. Terminal operators and carriers operating port terminals or passenger services with a total of more than 100 000 commercial passenger movements during the previous calendar year shall, within their respective areas of competence, set and apply binding quality standards for the assistance specified in Annexes II and III and shall, where appropriate through their organisations, determine resource requirements for meeting those standards, in close cooperation with organisations representing persons with disabilities and persons with reduced mobility. |
| 2. In setting quality standards, full account shall be taken of internationally recognised policies and codes of conduct concerning facilitation of the transport of disabled persons or persons with reduced mobility, notably the IMO's Recommendation on the design and operation of passenger ships to respond to elderly and disabled persons’ needs. | 2. In setting quality standards, full account shall be taken of internationally recognised policies and codes of conduct concerning facilitation of the transport of disabled persons or persons with reduced mobility, notably the IMO's Recommendation on the design and operation of passenger ships to respond to elderly and disabled persons’ needs. Quality standards shall include measurable indicators, such as timeliness, adequacy of assistance, accessibility of information, and user satisfaction. |
| 3. The quality standards provided for in paragraph 1 shall be made publicly available by terminal operators and carriers physically or on the Internet in accessible formats and in the same languages as those in which information is generally made available to all passengers. | 3. The quality standards provided for in paragraph 1 shall be made publicly available by terminal operators and carriers on their websites and at terminals, in accessible digital and physical formats, and in the same languages as those in which information is generally made available to all passengers. This information shall be updated at least every two years. |
| 4. Carriers and terminal operators shall submit a performance report on their compliance with quality standards every two years to the national enforcement body. The report shall include disaggregated data on assistance services provided, complaint handling outcomes, and improvement actions taken. | |
| " |
| Present text | Amendment |
|---|---|
| Article 15 is replaced by the following: | |
| Article 15 | "Article 15 |
| Compensation in respect of mobility equipment or other specific equipment | Compensation in respect of mobility equipment or other specific equipment |
| 1. Carriers and terminal operators shall be liable for loss suffered as a result of the loss of or damage to mobility equipment or other specific equipment, used by a disabled person or person with reduced mobility, if the incident which caused the loss was due to the fault or neglect of the carrier or the terminal operator. The fault or neglect of the carrier shall be presumed for loss caused by a shipping incident. | 1. Carriers and terminal operators shall be liable for loss suffered as a result of the loss of, damage to, or delay in delivery of mobility equipment or other specific equipment, used by a disabled person or person with reduced mobility, if the incident which caused the loss was due to the fault or neglect of the carrier or the terminal operator. Fault or neglect shall be presumed unless the carrier or terminal operator can prove the loss was caused by extraordinary circumstances beyond their control. |
| 2. The compensation referred to in paragraph 1 shall correspond to the replacement value of the equipment concerned or, where applicable, to the costs relating to repairs. | 2. The compensation referred to in paragraph 1 shall correspond to the full replacement value or full repair cost of the equipment concerned, regardless of its age or depreciation, and shall include reasonable costs for interim replacement and any consequential expenses incurred by the passenger, including for assistance dogs. |
| 3. Paragraphs 1 and 2 shall not apply if Article 4 of Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents (10) applies.4. Moreover, every effort shall be undertaken to rapidly provide temporary replacement equipment which is a suitable alternative. | 3. Moreover, carriers and terminal operators shall, without undue delay, make every effort to provide temporary replacement equipment, which shall be a functional and suitable alternative. The person with disabilities or reduced mobility shall be entitled to use that temporary replacement until the compensation is received or the original equipment is returned in working condition. |
| " |
| Present text | Amendment |
|---|---|
| ( aa) In Article 16, paragraph 3 is replaced by the following: | |
| 3. The carrier or, where appropriate, the terminal operator, shall ensure that disabled persons or persons with reduced mobility receive the information required under paragraphs 1 and 2 in accessible formats | "3. The carrier or, where appropriate, the terminal operator, shall ensure that persons with disabilities and reduced mobility receive the information required under paragraphs 1 and 2 in accordance with the accessibility requirements set out in Annex I of Directive 2019/882 |
| " |
| Present text | Amendment |
|---|---|
| (aa) In Article 16, paragraph 3 is replaced by the following: | |
| 3. The carrier or, where appropriate, the terminal operator, shall ensure that disabled persons or persons with reduced mobility receive the information required under paragraphs 1 and 2 in accessible formats. | "3. The carrier or, where appropriate, the terminal operator, shall ensure that persons with disabilities and reduced mobility receive the information required under paragraphs 1 and 2 in accordance with the accessibility requirements set out in Annex I of Directive 2019/882 . |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The information required under paragraphs 1 and 2 shall be provided by electronic means to all passengers, within the time-limit stipulated in paragraph 1, if the passenger has agreed to it and has provided the necessary contact details to the carrier or, where appropriate, to the terminal operator, when purchasing the ticket.; | 4. The information required under paragraphs 1 and 2 shall be provided by electronic means to all passengers, within the time-limit stipulated in paragraph 1, if the passenger has agreed to it and has provided the necessary contact details to the carrier or, where appropriate, to the terminal operator, when purchasing the ticket. The information shall be provided in accordance with the accessibility requirements set out in Annex I of Directive 2019/882 |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The information required under paragraphs 1 and 2 shall be provided by electronic means to all passengers, within the time-limit stipulated in paragraph 1, if the passenger has agreed to it and has provided the necessary contact details to the carrier or, where appropriate, to the terminal operator, when purchasing the ticket.; | 4. The information required under paragraphs 1 and 2 shall also be provided by electronic means to all passengers, within the time-limit stipulated in paragraph 1 via the contact details shared with the carrier or, where appropriate, to the terminal operator, when purchasing the ticket.’; |
| Present text | Amendment |
|---|---|
| (1a) Article 18 is replaced by the following: | |
| Article 18 | "Article 18 |
| Re-routing and reimbursement in the event of cancelled or delayed departures | Re-routing and reimbursement in the event of cancelled or delayed departures |
| 1. Where a carrier reasonably expects a passenger service to be cancelled or delayed in departure from a port terminal for more than 90 minutes, the passenger shall immediately be offered the choice between:(a)re-routing to the final destination, under comparable conditions, as set out in the transport contract, at the earliest opportunity and at no additional cost;(b)reimbursement of the ticket price and, where relevant, a return service free of charge to the first point of departure, as set out in the transport contract, at the earliest opportunity. | 1. Where a carrier reasonably expects a passenger service to be cancelled or delayed in departure from a port terminal for more than 90 minutes, the passenger shall immediately be offered the choice between:(a)re-routing to the final destination, under comparable conditions, as set out in the transport contract, at the earliest opportunity and at no additional cost;(b)reimbursement of the ticket price and, where relevant, a return service free of charge to the first point of departure, as set out in the transport contract, at the earliest opportunity. |
| 2. Where a passenger service is cancelled or delayed in departure from a port for more than 90 minutes, passengers shall have the right to such re-routing or reimbursement of the ticket price from the carrier. | 2. Where a passenger service is cancelled or delayed in departure from a port for more than 90 minutes, passengers shall have the right to such re-routing or reimbursement of the ticket price from the carrier or intermediary. In such cases, the carrier shall proactively inform passengers of their rights and, issue reimbursement automatically through the original payment method. |
| 3. The payment of the reimbursement provided for in paragraphs 1(b) and 2 shall be made within 7 days, in cash, by electronic bank transfer, bank order or bank cheque, of the full cost of the ticket at the price at which it was purchased, for the part or parts of the journey not made, and for the part or parts already made where the journey no longer serves any purpose in relation to the passenger's original travel plan. Where the passenger agrees, the full reimbursement may also be paid in the form of vouchers and/or other services in an amount equivalent to the price for which the ticket was purchased, provided that the conditions are flexible, particularly regarding the period of validity and the destination. | 3. The payment of the reimbursement provided for in paragraphs 1(b) and 2 shall be made automatically within 7 days, in cash, by electronic bank transfer, bank order or bank cheque, of the full cost of the ticket at the price at which it was purchased, for the part or parts of the journey not made, and for the part or parts already made where the journey no longer serves any purpose in relation to the passenger's original travel plan. If the carrier fails to automatically reimburse within 7 days, interest shall accrue on the amount due, and penalties may apply under Article 28. |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| (1b) "the following Article 18a is inserted: | |
| Article 18a | |
| Termination of the transport contract before the start of transport contract +1. Passenger may terminate the transport contract at any time before the start of the travel. Where the passenger terminates the transport contract under this paragraph, the passenger may be required to pay an appropriate and justifiable termination fee to the carrier. The transport contract may specify reasonable standardised termination fees based on the time of the termination of the contract before the start of the transport contract and the expected cost savings and income from alternative deployment of the transport services. In the absence of standardised termination fees, the amount of the termination fee shall correspond to the price of the transport contract minus the cost savings and income from alternative deployment of the transport services. The organiser shall provide a justification for the amount of the termination fees to the passenger. | |
| 2. Notwithstanding paragraph 1, the passenger shall have the right to terminate the transport contract before its performance without paying any termination fee in the event of extraordinary circumstances occurring at the travel destination or its immediate vicinity, at the place of the passenger’s residence or departure or affecting the journey to the full reimbursement of any payments made for the transport contract but shall not be entitled to additional compensation. | |
| 3. Official warnings against travel to a particular destination issued by the authorities of the Member State of departure or passenger’s residence or the country of destination, or the fact that passengers will be subject to serious restrictions at the travel destination or in the Member State of residence or departure after returning from the trip, shall be considered as valid reasons to terminate the transport contract according to paragraph 2 of this Article. 4. The carrier shall make refunds or reimbursements under this article to the passengers without undue delay and, in any event, not later than 14 days after the transport contract is terminated. | |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission shall adopt an implementing act establishing a common form for reimbursement and compensation requests under Articles 18 and 19. That common form shall be established in a format which is accessible to persons with disabilities and persons with reduced mobility. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 38 (2) of Regulation (EU) 2021/782.17 | 1. The Commission shall adopt an implementing act establishing a common form for reimbursement and compensation requests under Articles 18 and 19. That common form shall be established in a format which is accessible to persons with disabilities and persons with reduced mobility in accordance with the accessibility requirements set out in Annex i of Directive 2019/882. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 38 (2) of Regulation (EU) 2021/782.17. |
| 17 Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (recast) (OJ L 172, 17.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/782/oj). | 17 Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (recast) (OJ L 172, 17.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/782/oj). |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The passengers shall have the right to submit their requests using the common form referred to in paragraph 1. Carriers shall not reject a request for reimbursement or compensation solely on the grounds that the passenger has not used that form. If a request is not sufficiently precise, the carriers shall ask the passenger to clarify the request and shall assist the passenger in doing so. | 2. The passengers shall have the right to submit their requests using the common form referred to in paragraph 1. The common form shall be automatically provided to passengers who have experienced a cancellation, denied boarding, or a delay of more than 90 minutes at departure or over 3 hours at arrival. Carriers shall not reject a request for reimbursement or compensation solely on the grounds that the passenger has not used that form. Passengers shall have the right to submit their request in at least the language used for the booking. If a request is not sufficiently precise, the carriers shall ask the passenger to clarify the request and shall assist the passenger in doing so. This provision shall be without prejudice to the carrier’s obligation to issue reimbursements and compensations automatically, in accordance with Articles 18 and 19. The submission of a request shall not constitute a precondition for the enforcement or initiation of these entitlements. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Carriers shall have electronic means for passengers on their website, such as an e-mail address, to which requests under paragraph 1 may be sent. This requirement shall not apply where other electronic means of communication exist allowing passengers to request reimbursement or compensation, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. | 3. Carriers and intermediaries shall provide clear information on their websites regarding the different electronic means that allow passengers to request reimbursement or compensation, such as an e-mail address, electronic forms or mobile applications, to which requests under paragraph 1 may be sent. Passengers shall have the right to submit their requests using the common form or any other mean, available and proposed by the carrier. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. Regardless of the electronic mean used, passengers shall be provided with electronic confirmation as proof that such a request has been submitted. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Carriers shall have electronic means for passengers on their website, such as an e-mail address, to which requests under paragraph 1 may be sent. This requirement shall not apply where other electronic means of communication exist allowing passengers to request reimbursement or compensation, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. | 3. Carriers and terminal operators shall publish annual data on complaints received, including number, categories, average response times and actions taken, in accessible formats on their websites. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. Additional electronic means of communication allowing passengers to request reimbursement or compensation can be implemented by carriers and intermediaries, such as a form on a website or mobile applications. Where such electronic means of communication exists, they shall offer the choice and information set out in the common form and be available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3b. Carriers and intermediaries shall provide passengers with an acknowledgment of receipt, irrelevant the mean of communication used to request reimbursement or compensation. Passengers shall also be provided with a full copy of the communication sent to the carrier and the intermediaries, notably with the date and key information allowing consumers to assert their rights under this Regulation. This obligation shall apply whether the request is submitted by the passenger or triggered by the carrier’s automatic obligation. |
| Text proposed by the Commission | Amendment |
|---|---|
| (2a) In Article 20, the following paragraph is added: | |
| 4a. Article 18 shall not apply where the carrier proves that the delay is caused by circumstances or decisions beyond its control. |
Article 18 of Regulation (EU) 1177/2010 states that if a carrier reasonably expects a passenger service to be cancelled or delayed in departure from a port terminal by more than 90 minutes, passengers must immediately be offered the choice between rerouting and reimbursement, including a return service free of charge to the original point of departure. This provision appears to be modelled after the railway sector and does not fully take into account the specific characteristics of maritime transport. More specifically, in cases where a delay is caused by a decision from the maritime authority, which the carrier is legally required to comply with, or by any other circumstance beyond the carrier’s control, offering rerouting or cancellation to passengers already boarded on a fully loaded ferry could result in even greater delays for all passengers. For instance, if a passenger disembarks from a ferry that is fully loaded with cars and trucks, the disembarkation process—especially for a family traveling with a personal vehicle—could take a significant amount of time, further delaying the vessel’s schedule and impacting all passengers onboard. Given these considerations, we propose amending the regulation to account for these maritime-specific operational constraints. More precisely, we suggest to state that Article 18 shall not apply where the carriers proves that a delay is caused by circumstances or decisions beyond its control.
| Text proposed by the Commission | Amendment |
|---|---|
| Carriers, terminal operators and, when applicable, port authorities, shall also, within their respective areas of competence, ensure that information on the rights of passengers under this Regulation is publicly available on board ships, in ports, if possible, and in port terminals.; | Carriers, terminal operators and, when applicable, port authorities, shall also, within their respective areas of competence, ensure that information on the rights of passengers under this Regulation is publicly available on board ships, in ports, if possible, and in port terminals. The information in this article shall be provided in accessible formats in accordance with the accessibility requirements set out in Annex I of Directive 2019/882. |
| Text proposed by the Commission | Amendment |
|---|---|
| Carriers, terminal operators and, when applicable, port authorities, shall also, within their respective areas of competence, ensure that information on the rights of passengers under this Regulation is publicly available on board ships, in ports, if possible, and in port terminals.; | ‘Carriers, terminal operators and, when applicable, port authorities, shall also, ensure that information on the rights of passengers under this Regulation is publicly available on board ships, in ports, if possible, and in port terminals. The information in this article shall be provided in accessible formats in accordance with the accessibility requirements set out in Annex I of Directive 2019/882.’; |
| Text proposed by the Commission | Amendment |
|---|---|
| The information referred to in Articles 16, 22 and 23 shall be provided in the most appropriate format, where technically possible by electronic means. | The information referred to in Articles 16, 22 and 23 shall be provided in the most appropriate format, notably by electronic means. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Carriers shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on the Internet by [2 years after the day of application of this Regulation], and every two years thereafter. This report shall not contain personal data. | deleted |
Shipping companies already adhere to service quality standards to ensure that the services they provide comply with the mandatory minimum level of requirements set forth by the current version of Reg. (UE) 1177/2010. Therefore, point no.1 of the proposed new Article 24a covers an already existing and well-functioning market framework. Conversely, the obligation to monitor and publicly report the service quality performance – as outlined in points no. 2 and 3 of the proposed article – would place an excessive administrative burden on both shipping companies and the terminals.
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Carriers shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on the Internet by [2 years after the day of application of this Regulation], and every two years thereafter. This report shall not contain personal data. | deleted |
Shipping companies already adhere to service quality standards to ensure that the services they provide comply with the mandatory minimum level of requirements set forth by the current version of Reg. (UE) 1177/2010. Therefore, point no.1 of the proposed new Article 24a covers an already existing and well-functioning market framework. Conversely, the obligation to monitor and publicly report the service quality performance – as outlined in points no. 2 and 3 of the proposed article – would place an excessive administrative burden on both shipping companies and the terminals.
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Carriers shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on the Internet by [2 years after the day of application of this Regulation], and every two years thereafter. This report shall not contain personal data. | 2. Carriers shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on the Internet by [2 years after the day of application of this Regulation], and every two years thereafter. This report shall be limited to only justifiable data and not contain personal data. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Terminal operators shall establish service quality standards based on the relevant items listed in Annex V. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request.; | deleted |
Shipping companies already adhere to service quality standards to ensure that the services they provide comply with the mandatory minimum level of requirements set forth by the current version of Reg. (UE) 1177/2010. Therefore, point no.1 of the proposed new Article 24a covers an already existing and well-functioning market framework. Conversely, the obligation to monitor and publicly report the service quality performance – as outlined in points no. 2 and 3 of the proposed article – would place an excessive administrative burden on both shipping companies and the terminals.
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Terminal operators shall establish service quality standards based on the relevant items listed in Annex V. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request.; | deleted |
Shipping companies already adhere to service quality standards to ensure that the services they provide comply with the mandatory minimum level of requirements set forth by the current version of Reg. (UE) 1177/2010. Therefore, point no.1 of the proposed new Article 24a covers an already existing and well-functioning market framework. Conversely, the obligation to monitor and publicly report the service quality performance – as outlined in points no. 2 and 3 of the proposed article – would place an excessive administrative burden on both shipping companies and the terminals.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 25a | deleted |
The provisions proposed under the new Article 25a impose an excessive regulatory burden on the shipping sector while attempting to regulate a market that is already functioning efficiently. In Italy, the role of the National Enforcement Body (NEB) is entrusted to the national regulatory agency ART, which is financed through a substantial fee paid by regulated market entities, including shipowners. Assigning ART the responsibility of continuously monitoring the market based on a risk-based approach would place an additional administrative burden on shipowners while also overloading ART’s structure. This could lead to an increase in the fees imposed on regulated entities, as ART may need to expand its workforce to meet the new expectations.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 25a | deleted |
The provisions proposed under the new Article 25a impose an excessive regulatory burden on the shipping sector while attempting to regulate a market that is already functioning efficiently.
| Text proposed by the Commission | Amendment |
|---|---|
| Risk-based approach to the monitoring of compliance with passenger rights | deleted |
The provisions proposed under the new Article 25a impose an excessive regulatory burden on the shipping sector while attempting to regulate a market that is already functioning efficiently.
| Text proposed by the Commission | Amendment |
|---|---|
| Risk-based approach to the monitoring of compliance with passenger rights | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The national enforcement bodies shall develop a compliance monitoring programme to monitor compliance of carriers, terminal operators, port authorities, travel agents, tour operators and ticket vendors with the obligations laid down in this Regulation on the basis of a risk assessment. The programme shall allow for the detection and correction of recurrent non-compliance in the implementation of passenger rights. The compliance monitoring programme shall include a representative sample of monitoring activities. | deleted |
The provisions proposed under the new Article 25a impose an excessive regulatory burden on the shipping sector while attempting to regulate a market that is already functioning efficiently.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The national enforcement bodies shall develop a compliance monitoring programme to monitor compliance of carriers, terminal operators, port authorities, travel agents, tour operators and ticket vendors with the obligations laid down in this Regulation on the basis of a risk assessment. The programme shall allow for the detection and correction of recurrent non-compliance in the implementation of passenger rights. The compliance monitoring programme shall include a representative sample of monitoring activities. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The risk assessment shall be based on a factual assessment that takes into account complaints made by passengers to these bodies, where available, as well as findings of the monitoring activities carried out by these bodies, information referred to in Article 25b(1) and (3), and other sources of information pertaining to the application of this Regulation on the territory of the respective Member State. | deleted |
The provisions proposed under the new Article 25a impose an excessive regulatory burden on the shipping sector while attempting to regulate a market that is already functioning efficiently.
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The risk assessment shall be based on a factual assessment that takes into account complaints made by passengers to these bodies, where available, as well as findings of the monitoring activities carried out by these bodies, information referred to in Article 25b(1) and (3), and other sources of information pertaining to the application of this Regulation on the territory of the respective Member State. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The risk assessment shall be carried out for the first time by 30 June XXXX [1 year after the Regulation becomes applicable], and every two years thereafter. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The risk assessment shall be carried out for the first time by 30 June XXXX [1 year after the Regulation becomes applicable], and every two years thereafter. | deleted |
The provisions proposed under the new Article 25a impose an excessive regulatory burden on the shipping sector while attempting to regulate a market that is already functioning efficiently.
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Compliance monitoring activities shall be based on the assessment of risks and carried out by means of audits, inspections, interviews, verifications and examination of documents as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified. | deleted |
The provisions proposed under the new Article 25a impose an excessive regulatory burden on the shipping sector while attempting to regulate a market that is already functioning efficiently.
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Compliance monitoring activities shall be based on the assessment of risks and carried out by means of audits, inspections, interviews, verifications and examination of documents as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. National enforcement bodies shall ensure the swift rectification of non-compliance by carriers, terminal operators, port authorities, travel agents, tour operators and ticket vendors, when applicable, as identified during their monitoring activities. They shall require carriers to submit an action plan to remedy non-compliance, as appropriate. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. National enforcement bodies shall ensure the swift rectification of non-compliance by carriers, terminal operators, port authorities, travel agents, tour operators and ticket vendors, when applicable, as identified during their monitoring activities. They shall require carriers to submit an action plan to remedy non-compliance, as appropriate. | deleted |
The provisions proposed under the new Article 25a impose an excessive regulatory burden on the shipping sector while attempting to regulate a market that is already functioning efficiently.
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The compliance monitoring programme under paragraph 1, the risk assessment under paragraph 2 as well as their findings shall be communicated to the Commission by 30 June XXXX [2 years after the Regulation becomes applicable], and every two years thereafter. Where applicable, they shall be included in the reports referred to in Article 26. | deleted |
The provisions proposed under the new Article 25a impose an excessive regulatory burden on the shipping sector while attempting to regulate a market that is already functioning efficiently.
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The compliance monitoring programme under paragraph 1, the risk assessment under paragraph 2 as well as their findings shall be communicated to the Commission by 30 June XXXX [2 years after the Regulation becomes applicable], and every two years thereafter. Where applicable, they shall be included in the reports referred to in Article 26. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 25b | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 25b | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| Sharing of information with national enforcement bodies | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| Sharing of information with national enforcement bodies | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Carriers, terminal operators and port authorities, when applicable, shall provide national enforcement bodies with relevant documents and information at their request without undue delay and, in any event, within one month from the receipt of the request. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Carriers, terminal operators and port authorities, when applicable, shall provide national enforcement bodies with relevant documents and information at their request without undue delay and, in any event, within one month from the receipt of the request. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. In complex cases, the national enforcement body may extend this period to a maximum of three months from the receipt of the request. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. In complex cases, the national enforcement body may extend this period to a maximum of three months from the receipt of the request. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. In carrying out their functions, the national enforcement bodies shall take account of the information submitted to them by the body designated under Article 25(3) to handle complaints, if this is a different body. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. In carrying out their functions, the national enforcement bodies shall take account of the information submitted to them by the body designated under Article 25(3) to handle complaints, if this is a different body. | deleted |
| Present text | Amendment |
|---|---|
| (7a) Article 28 is replaced by the following: | |
| Article 28 (Penalties) | "Article 28 (Penalties) |
| The Member States shall lay down rules on penalties applicable to infringements of the provisions of this Regulation and shall take all the measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify those rules and measures to the Commission by 18 December 2012 and shall notify it without delay of any subsequent amendment affecting them. | The Member States shall lay down rules on penalties applicable to infringements of the provisions of this Regulation and shall take all the measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. For the avoidance of doubt, the calculation of penalties shall not use the number of passengers as a factor for multiplication or as a basis for their determination. Member States shall notify those rules and measures to the Commission by 18 December 2012 and shall notify it without delay of any subsequent amendment affecting them. |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| (1a) in Article 3, a new definition is added: | |
| (qa) ‘automatic payment’ means a refund or compensation payment that is issued to the affected passenger without the need for a formal request or claim. The operating air carrier, intermediary, or transport provider shall process such payments within the required timeframe based on the disruption event, using the original method of payment unless otherwise agreed upon by the passenger. |
| Present text | Amendment |
|---|---|
| (1b) In Article 11, paragraph 2 is replaced by the following : | |
| 2. The access conditions provided for in paragraph 1, including the text of international, Union or national laws establishing the safety requirements, on which these nondiscriminatory access conditions are based, shall be made publicly available by carriers and terminal managing bodies physically or on the Internet, in accessible formats on request, in the same languages as those in which information is generally made available to all passengers. When providing this information particular attention shall be paid to the needs of disabled persons and persons with reduced mobility | 2. The access conditions provided for in paragraph 1, including the text of international, Union or national laws establishing the safety requirements on which these non-discriminatory access conditions are based, shall be made publicly available by carriers and terminal managing bodies shall be made publicly available, including proactively via their websites, mobile applications, booking platforms and at terminals, in accessible digital and physical formats, and in the same languages as those in which information is generally made available to all passengers. The information shall comply with the accessibility requirements set out in Directive (EU) 2019/882 and shall be usable with assistive technologies |
| " |
| Present text | Amendment |
|---|---|
| (1c) In Article 11, paragraph 5 is replaced by the following : | |
| 5. Carriers, travel agents and tour operators shall ensure that all relevant general information concerning the journey and the conditions of carriage is available in appropriate and accessible formats for disabled persons and persons with reduced mobility including, where applicable, online booking and information. The information shall be physically distributed at the request of the passenger. | "5. Carriers, travel agents and tour operators shall ensure that all relevant general information concerning the journey and the conditions of carriage is made available in appropriate and accessible formats for disabled persons and persons with reduced mobility, including online booking, itinerary changes, ticketing, disruptions, and on-board services. The provision of such information shall be automatic and proactive, and in compliance with the accessibility requirements set out in Directive (EU) 2019/882. Formats shall include, at a minimum, large print, easy-to-read, audio, and screen reader-compatible digital formats. Carriers, travel agents and tour operators shall also be required to publish a statement of compliance with these accessibility requirements and make it available on their website and booking platforms. |
| " |
| Present text | Amendment |
|---|---|
| (1d) In Article 19, paragraph 2 is replaced by the following: | |
| 2. If the carrier fails to offer the passenger the choice referred to in paragraph 1, the passenger shall have the right to compensation amounting to 50 % of the ticket price, in addition to the reimbursement referred to in point (b) of paragraph 1. This sum shall be paid by the carrier within 1 month after the submission of the request for compensation | "2. If the carrier fails to offer the passenger the choice referred to in paragraph 1, the passenger shall have the right to compensation amounting to 50 % of the ticket price, in addition to the reimbursement referred to in point (b) of paragraph 1. This sum shall be paid by the carrier automatically and without the need for a request, within 7 days after the disruption has occurred. |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| (1e) Two new paragraphs are inserted in existing article 19: | |
| 4a. Reimbursements and compensations provided for in paragraphs 1(b), 2 and 4 shall be processed automatically, using the original method of payment whenever possible, within 7 days of the disruption. The passenger shall not be required to submit a formal claim. For tickets purchased through intermediaries, the carrier shall ensure coordination to ensure passengers receive reimbursement within the same timeframe. | |
| 4b. If the passenger paid in cash or if the original payment method is unavailable, the carrier shall contact the passenger within 7 days of the disruption to arrange the necessary payment details. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission shall adopt an implementing act establishing a common form for reimbursement and compensation requests under Article 19 of this Regulation. That common form shall be established in a format which is accessible to persons with disabilities and persons with reduced mobility. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 38 (2) of Regulation (EU) 2021/78219 . | 1. The Commission shall adopt an implementing act establishing a common form for reimbursement and compensation requests under Article 19 of this Regulation. That common form shall be established in a format which is accessible to persons with disabilities and persons with reduced mobility in accordance with the accessibility requirements set out in Annex I of Directive 2019/882 . That implementing act shall be adopted in accordance with the examination procedure referred to in Article 38 (2) of Regulation (EU) 2021/78219 . |
| 19 Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (recast) (OJ L 172, 17.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/782/oj. | 19 Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (recast) (OJ L 172, 17.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/782/oj. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The passengers shall have the right to submit their requests using the common form referred to in paragraph 1. Carriers shall not reject a request for reimbursement or compensation solely on the grounds that the passenger has not used that form. If a request is not sufficiently precise, the carrier shall ask the passenger to clarify the request and shall assist the passenger in doing so. | 2. The passengers shall have the right to submit their requests using the common form referred to in paragraph 1. The common form shall be automatically provided by carriers to all passengers experiencing a cancellation, denied boarding, or a delay of more than 90 minutes at departure or over 3 hours at arrival. Carriers shall not reject a request for reimbursement or compensation solely on the grounds that the passenger has not used that form. If a request is not sufficiently precise, the carrier shall ask the passenger to clarify the request and shall assist the passenger in doing so. This provision shall be without prejudice to the obligation of carriers to issue reimbursements and compensations automatically, in accordance with Article 19. The use or non-use of the common form shall not affect the passenger’s entitlement to receive such reimbursement or compensation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Carriers shall have electronic means for passengers on their website, such as an e-mail address, to which requests under paragraph 1 may be sent. This requirement shall not apply where other electronic means of communication allowing passengers to request reimbursement or compensation exist, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. | 3. Carriers shall provide clear information regarding the different electronic means that allow passengers to request reimbursement or compensation, such as an e-mail address, electronic forms or mobile applications to which requests under paragraph 1 may be sent. Where the provision of electronic means is not technically feasible, carriers shall ensure direct assistance to passengers, including the availability of a physical point of contact and a printed version of the common form. When using such electronic or physical means, passengers shall be able to request reimbursement or compensation in the official languages of the carrier's country of establishment, the language of the booking or in English. Regardless of the mean used, passengers shall be provided with an official confirmation, electronically or on paper, as proof that such a request has been submitted. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Carriers shall have electronic means for passengers on their website, such as an e-mail address, to which requests under paragraph 1 may be sent. This requirement shall not apply where other electronic means of communication allowing passengers to request reimbursement or compensation exist, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. | 3. Carriers shall have electronic means for passengers on their website, such as an e-mail address, to which requests under paragraph 1 may be sent. This requirement shall not apply where other electronic means of communication allowing passengers to request reimbursement or compensation exist, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. The provision of such means shall support but not substitute the carrier’s obligation to proactively process eligible claims. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Carriers shall have electronic means for passengers on their website, such as an e-mail address, to which requests under paragraph 1 may be sent. This requirement shall not apply where other electronic means of communication allowing passengers to request reimbursement or compensation exist, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. | 3. Carriers shall have electronic means for passengers on their website, where technically possible, such as an e-mail address, to which requests under paragraph 1 may be sent. This requirement shall not apply where other electronic means of communication allowing passengers to request reimbursement or compensation exist, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. Additional electronic means of communication allowing passengers to request reimbursement or compensation can be implemented by air carriers and intermediaries, such as a form on a website or mobile applications. Where such electronic means of communication exists, they shall offer the choice and information set out in the common form and be available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3b. Carriers and intermediaries shall provide passengers with an acknowledgment of receipt, regardless of the method of communication used. Passengers shall receive a full copy of the communication, including the date, reference number, and key details allowing them to assert their rights under this Regulation. This obligation shall apply whether the request is submitted voluntarily by the passenger or arises in the context of the carrier’s automatic obligations. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Carriers and intermediaries which are SMEs shall be exempted from the provisions on real-time information under this Article, in particular with regard to the time limit of 30 minutes. |
In particular, the bus and coach sector consists of numerous SMEs, so that the enforcement rules in this area shall be subject to corresponding exceptions.
| Present text | Amendment |
|---|---|
| (aa) In Article 20, paragraph 3 is replaced by the following: | |
| 3. The carrier or, where appropriate, the terminal managing body, shall ensure that disabled persons and persons with reduced mobility receive the information required under paragraphs 1 and 2 in accessible formats | 3. The carrier or, where appropriate, the terminal operator, shall ensure that persons with disabilities and reduced mobility receive the information required under paragraphs 1 and 2 in accordance with the accessibility requirements set out in Annex I of Directive 2019/882 |
| " |
| Present text | Amendment |
|---|---|
| (aa) In Article 20, paragraph 3 is replaced by the following: | |
| 3. The carrier or, where appropriate, the terminal managing body, shall ensure that disabled persons and persons with reduced mobility receive the information required under paragraphs 1 and 2 in accessible formats. | "3. The carrier or, where appropriate, the terminal managing body, shall ensure that disabled persons and persons with reduced mobility receive the information required under paragraphs 1 and 2 in accessible formats, in accordance with the accessibility requirements set out in Annex I of Directive 2019/882. |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The information required under paragraphs 1 and 2 shall also be provided by electronic means to all passengers, including those departing from bus stops, within the time-limit provided in paragraph 1, if the passenger has agreed to it and has provided the necessary contact details to the carrier or, where appropriate, to the terminal managing body, when purchasing the ticket.; | 4. The information required under paragraphs 1 and 2 shall also be provided by electronic means to all passengers, including those departing from bus stops, within the time-limit provided in paragraph 1, via the contact details shared with the carrier or, where appropriate, to the terminal managing body, when purchasing the ticket. |
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) In Article 20, the following paragraph is added: | |
| 4a. Article 18 shall not apply where the carrier proves that the delay is caused by circumstances or decisions beyond its control. |
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) In Article 20, the following paragraph is added: | |
| 4a. Carriers and terminal managing bodies shall establish procedures to keep the information updated throughout the disruption, and shall provide passengers with status notifications until the service is resumed or a solution has been provided. |
| Text proposed by the Commission | Amendment |
|---|---|
| (2a) Three new paragraphs are introduced in Article 21: | |
| Article 21 - Assistance in case of cancelled or delayed departures | |
| (new) Assistance must be provided proactively, without requiring a request from the passenger. It shall be offered in accessible formats and in the language of booking, including through announcements, SMS, and digital notifications. | |
| (new) Special attention must be paid to the needs of passengers with disabilities, reduced mobility, older persons, children, and other vulnerable travellers. Assistance shall be inclusive, dignified, and respect personal autonomy. | |
| (new) National Enforcement Bodies shall actively monitor compliance with this Article and impose sanctions for repeated failures, under Article 28. |
| Text proposed by the Commission | Amendment |
|---|---|
| Carriers and terminal managing bodies shall, within their respective areas of competence, provide passengers with adequate information throughout their travel in formats which are accessible to all and in the same languages as those in which information is generally made available to all passengers.; | Carriers and terminal managing bodies shall, within their respective areas of competence, provide passengers with adequate information throughout their travel in formats which are accessible to all and in the same languages as those in which information is generally made available to all passengers. This information shall be provided by electronic means, where technically possible. In case this not feasible, carriers shall ensure direct assistance to passengers such as availability of a physical point of contact. |
| Text proposed by the Commission | Amendment |
|---|---|
| Carriers and terminal managing bodies shall, within their respective areas of competence, provide passengers with adequate information throughout their travel in formats which are accessible to all and in the same languages as those in which information is generally made available to all passengers.; | Carriers and terminal managing bodies shall, provide passengers with adequate information throughout their travel in formats which are accessible to all and in the same languages as those in which information is generally made available to all passengers. This information shall also be provided by electronic means to all passengers.; |
| Text proposed by the Commission | Amendment |
|---|---|
| When selling tickets for bus and coach services, carriers and terminal managing bodies shall, within their respective areas of competence, ensure that passengers are provided with: | When selling tickets for bus and coach services, carriers and terminal managing bodies shall ensure that passengers are provided with |
| Text proposed by the Commission | Amendment |
|---|---|
| (ca) contact details of the out-of-court complaint and redress mechanism to which the trader is subject |
| Text proposed by the Commission | Amendment |
|---|---|
| This information shall also be provided by electronic means if feasible including at terminals and, where applicable, on the Internet. At the request of a person with disabilities or person with reduced mobility the information shall be provided, where feasible, in an accessible format.; | This information shall also be provided by electronic means via the passenger contact details shared with the carrier or, where appropriate, to the terminal operator, when purchasing the ticket. This information shall also be displayed via electronic means at terminals and, where applicable, on the Internet.. The information in this article shall be provided in accessible formats in accordance with the accessibility requirements set out in Annex I of Directive 2019/882; |
| Text proposed by the Commission | Amendment |
|---|---|
| The information referred to in Article 20, Article 24 and Article 25(1) shall be provided in the most appropriate format, where technically possible by electronic means. | The information referred to in Article 20, Article 24 and Article 25(1) shall be provided in the most appropriate format, notably by electronic means. |
| Text proposed by the Commission | Amendment |
|---|---|
| Where information is provided by electronic means of communication, carriers, terminal managing bodies, ticket vendors, travel agents and tour operators shall ensure that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. All means of communication shall enable the passenger to contact them quickly and communicate efficiently.; | Where information is provided by electronic means of communication, carriers, terminal managing bodies, ticket vendors, travel agents and tour operators shall ensure that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. All means of communication shall enable the passenger to contact them quickly and communicate efficiently. |
| Carriers and intermediaries which are SMEs shall be exempted from the provisions on record-keeping under this Article.; |
In particular, the bus and coach sector consists of numerous SMEs, so that the enforcement rules in this area shall be subject to corresponding exceptions.
| Text proposed by the Commission | Amendment |
|---|---|
| Where information is provided by electronic means of communication, carriers, terminal managing bodies, ticket vendors, travel agents and tour operators shall ensure that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. All means of communication shall enable the passenger to contact them quickly and communicate efficiently.; | The electronic means of communication used by carriers, terminal managing bodies, ticket vendors, travel agents and tour operators shall ensure that it is provided in accessible formats in accordance with the accessibility requirements set out in Annex I of Directive 2019/882 and that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. All means of communication shall enable the passenger to contact them quickly, free of charge, and communicate efficiently.; |
| Present text | Amendment |
|---|---|
| (6a) Article 26 is replaced by the following: | |
| Article 26 | |
| Complaints | Complaints |
| Carriers shall set up or have in place a complaint handling mechanism for the rights and obligations set out in this Regulation | "1. Carriers and terminal operators shall establish an accessible complaint-handling mechanism for the rights and obligations covered in this Regulation, and make the procedure publicly available, including in formats accessible to persons with disabilities and in the language of booking where applicable. |
| 2. Where a passenger covered by this Regulation wants to make a complaint to the carrier or terminal operator, they shall submit it within four months from the date on which the service was performed or when a service should have been performed. Within 7 days of receiving the complaint electronically, or within 7 days of physical receipt by other means, the carrier or terminal operator shall give notice to the passenger that the complaint has been substantiated, rejected or is still being considered. The time taken to provide the final reply shall not be longer than 2 months from the receipt of a complaint. | |
| 3. Carriers and terminal operators shall publish annual data on complaints received, including number, categories, average response times and actions taken, in accessible formats on their websites. " |
| Text proposed by the Commission | Amendment |
|---|---|
| (7) the following Article 26a is inserted: | deleted |
| ‘ | |
| Article 26a | |
| Service quality standards | |
| 1. Carriers shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex III. | |
| 2. Carriers shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on the Internet by [2 years after the day on which this Regulation becomes applicable], and every two years thereafter. This report shall not contain personal data. | |
| 3. Terminal managing bodies shall establish service quality standards based on the relevant items listed in Annex III. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request.; | |
| ’ |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Carriers shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex III. | 1. Carriers, intermediaries and terminal operators shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex III. They shall include indicators for the treatment of persons with disabilities and persons with reduced mobility, the timeliness of assistance and reimbursement, and the accessibility and usability of communication and information channels. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Carriers shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on the Internet by [2 years after the day on which this Regulation becomes applicable], and every two years thereafter. This report shall not contain personal data. | 2. Carriers, intermediaries and terminal operators shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on the Internet by [2 years after the day on which this Regulation becomes applicable], and every two years thereafter. This report shall not contain personal data. This report shall include disaggregated data where applicable, and shall be available in accessible formats in accordance with Directive (EU) 2019/882. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Carriers shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on the Internet by [2 years after the day on which this Regulation becomes applicable], and every two years thereafter. This report shall not contain personal data. | 2. Carriers shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on the Internet by [2 years after the day on which this Regulation becomes applicable], and every two years thereafter. This report shall not contain personal data and be limited to only justifiable data. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Compliance monitoring activities shall be based on the assessment of risks and carried out by means of audits, inspections, interviews, verifications and examination of documents as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified. | 4. Compliance monitoring activities shall be based on the assessment of risks and carried out by means of audits, website and mobile applications reviews - including on accessibility - inspections, interviews, verifications and examination of documents as appropriate. They shall include both announced and unannounced activities which should be carried out in cooperation with persons with disabilities and their representatives organisations, where relevant. The monitoring activities shall be proportionate to the risks identified. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. National enforcement bodies shall ensure the swift rectification of non-compliance by carriers, terminal managing bodies, travel agents, ticket vendors and tour operators as identified during their monitoring activities. They shall require carriers to submit an action plan to remedy non-compliance, as appropriate. | 5. National enforcement bodies shall ensure the swift rectification of non-compliance by carriers terminal managing bodies, ticket vendor and tour operators, terminal managing bodies, travel agents, ticket vendors and tour operators as identified during their monitoring activities. They shall require carriers to submit an action plan to remedy non-compliance, as appropriate. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5a. Three new paragraphs are introduced after 28a.5 | |
| 5a. If action plans submitted by carriers, coach station managing bodies, or intermediaries are found to be inadequate, or if the non-compliance requires immediate corrective action, National Enforcement Bodies (NEBs) shall take appropriate enforcement measures. Member States shall ensure that NEBs have sufficient powers and resources to impose effective penalties for infringements of this Regulation. | |
| 5b. National Enforcement Bodies shall have the authority to initiate enforcement actions based on individual complaints submitted by passengers. These actions shall not be contingent upon the outcome of previous monitoring activities. | |
| 5c. National Enforcement Bodies shall publish an annual report detailing their enforcement activities, including information on sanctions imposed. Additionally, they shall publish statistics based on data supplied by carriers, intermediaries, and coach station managing bodies, covering the number and nature of passenger complaints, as well as the number of cancellations, denied boardings, delays, and their respective durations. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Carriers and terminal managing bodies shall provide the national enforcement bodies with relevant documents and information at their request without undue delay and, in any event, within one month from the receipt of the request. | 1. Except information defined in article 28a (8) carriers, intermediaries and terminal managing bodies shall provide the national enforcement bodies with relevant documents and information at their request without undue delay and, in any event, within one month from the receipt of the request. |
| Text proposed by the Commission | Amendment |
|---|---|
| (new) The Commission shall support dialogue and promote cooperation between Member States concerning national interpretation and application of this Regulation. | |
| (new) Member States shall provide annually a report on their activities to the Commission. The Commission may decide on the issues to be addressed in these reports via implementing acts. | |
| (new) At the request of a Member State, or on its own initiative, the Commission shall examine cases where differences in the application and enforcement of any of the provisions of this Regulation arise and particularly concerning the interpretation of extraordinary circumstances; and shall clarify the provisions of the Regulation, with a view to promoting a common approach. To this end, the Commission may adopt and publish a recommendation. | |
| (new) The Commission and Member States shall set up a Union-wide mechanism consisting of all national enforcement bodies to ensure the exchange between Member States of information about infringements, sanctions and best practices of enforcement between the Member States. The Commission shall make this information publicly and available in electronic form to all the Member States. | |
| (new) The National Enforcement Bodies shall provide, upon request, information and relevant documents on individual cases of infringement to the Commission. | |
| (new) The Commission shall publish on its website and regularly update, a list of all air carriers operating in the Union, of intermediaries or airport managing bodies that systematically fail to comply with the provisions of this Regulation. Irrespective of size or nationality, any carrier, intermediary or airport managing body, for whom the Commission has received evidence of infringements that occurred to passengers on more than 10 occurrences in one calendar year, and that relate to one or more article of this Regulation, shall be considered to have systematically fail to comply with this Regulation |
| Text proposed by the Commission | Amendment |
|---|---|
| (10a) the following Article 31b is inserted: | |
| Article 31b | |
| Penalties | |
| 1. In accordance with Article 24 of Directive 2011/83/EU, Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented effectively. | |
| 2. The penalties provided for must be effective, proportionate and dissuasive, taking into account, in particular: the nature, gravity, duration and recurrence of the infringement; whether the infringement has caused financial harm or distress to passengers, especially to persons with disabilities or vulnerable travellers; any failure to comply with compensation, reimbursement or care obligations within the prescribed timeframes; the failure to provide information to passengers in accessible formats or to respond to complaints as required. | |
| 3. In the case of delays in compensation or reimbursement beyond the time limits set out in this Regulation, penalties shall include: mandatory interest on the overdue amount, and administrative fines proportional to the delay and the number of affected passengers. | |
| 4. Member States shall ensure that national enforcement bodies have the power to: impose administrative fines; order corrective actions and compliance measures; publish sanctions and decisions taken. | |
| 5. The penalties shall be applicable to air carriers, intermediaries, airport managing bodies, and any other actors responsible for fulfilling obligations under this Regulation. | |
| 6. Member States shall notify the Commission of these rules and measures and of any subsequent amendments. They shall also ensure that information about penalties is made publicly available in an accessible and understandable format, including on the websites of enforcement bodies. |
| Text proposed by the Commission | Amendment |
|---|---|
| (10b) Article 32 is replaced by the following : | |
| The Commission shall report to the European Parliament and the Council by 2 March 2016 on the operation and effects of this Regulation. The report shall be accompanied, where necessary, by legislative proposals implementing in further detail the provisions of this Regulation, or amending it | 1. A report shall be prepared by the Commission every two years and submitted to the European Parliament and the Council. The report shall assess the implementation and effectiveness of this Regulation, including: the incidence and handling of denied boarding, cancellations, and delays; the level and timeliness of reimbursement and compensation; the functioning of complaint-handling mechanisms and accessibility of information; systemic market failures and patterns of non-compliance; the protection of persons with disabilities and reduced mobility; the role and performance of national enforcement bodies; and the integration of passenger rights in multimodal and package travel contexts. |
| 2. The report shall be based on the enforcement data, compliance reports, and national monitoring results submitted by Member States pursuant to Articles 16d and 16e. It shall take into account passenger complaints, stakeholder input, and consultation with relevant consumer and disability organisations. | |
| 3.The report shall include, where appropriate: recommendations on revising compensation levels under Article 7(1); options for extending the scope of this Regulation to other transport modes or service types; proposals to strengthen coordination between this Regulation and Directive (EU) 2015/2302 on package travel. The report shall be published in accessible formats, in accordance with Directive (EU) 2019/882, and made available on the website of the Commission. Where necessary, the report shall be accompanied by legislative proposals" |
| Present text | Amendment |
|---|---|
| (1b) In Article 18, paragraph 1 is replaced by the following: | |
| Reimbursement and re-routing | "Reimbursement and re-routing |
| 1. Where it is reasonably to be expected, either at departure or in the event of a missed connection or a cancellation, that arrival at the final destination under the transport contract will be subject to a delay of 60 minutes or more, the railway undertaking operating the delayed or cancelled service shall immediately offer the passenger the choice between one of the following options, and shall make the necessary arrangements: | 1. Where it is reasonably to be expected, either at departure or in the event of a missed connection or a cancellation, that arrival at the final destination will be delayed by 60 minutes or more, the railway undertaking operating the delayed or cancelled service shall immediately offer the passenger the choice between: |
| (a) reimbursement of the full cost of the ticket, under the conditions by which it was paid, for the part or parts of his or her journey not made and for the part or parts already made if the journey is no longer serving any purpose in relation to the passenger’s original travel plan, together with, when relevant, a return service to the first point of departure at the earliest opportunity; | (a) automatic reimbursement of the full ticket cost, under the conditions by which it was paid, for the part(s) of the journey not made and, where relevant, a return service to the first point of departure; |
| (b) continuation or re-routing, under comparable transport conditions, to the final destination at the earliest opportunity; | (b) continuation or re-routing to the final destination at the earliest opportunity under comparable conditions; |
| (c) continuation or re-routing, under comparable transport conditions, to the final destination at a later date at the passenger’s convenience. | (c) continuation or re-routing at a later date at the passenger’s convenience under comparable conditions. |
| " |
| Present text | Amendment |
|---|---|
| (1a) In Article 18(1) point c a (new) is added: | |
| 1. Where it is reasonably to be expected, either at departure or in the event of a missed connection or a cancellation, that arrival at the final destination under the transport contract will be subject to a delay of 60 minutes or more, the railway undertaking operating the delayed or cancelled service shall immediately offer the passenger the choice between one of the following options, and shall make the necessary arrangements: | "1. Where it is reasonably to be expected, either at departure or in the event of a missed connection or a cancellation, that arrival at the final destination under the transport contract will be subject to a delay of 60 minutes or more, the railway undertaking operating the delayed or cancelled service shall immediately offer the passenger the choice between one of the following options, and shall make the necessary arrangements: |
| (a) reimbursement of the full cost of the ticket, under the conditions by which it was paid, for the part or parts of his or her journey not made and for the part or parts already made if the journey is no longer serving any purpose in relation to the passenger’s original travel plan, together with, when relevant, a return service to the first point of departure at the earliest opportunity; | (a) reimbursement of the full cost of the ticket, under the conditions by which it was paid, for the part or parts of his or her journey not made and for the part or parts already made if the journey is no longer serving any purpose in relation to the passenger’s original travel plan, together with, when relevant, a return service to the first point of departure at the earliest opportunity; |
| (b) continuation or re-routing, under comparable transport conditions, to the final destination at the earliest opportunity; | (b) continuation or re-routing, under comparable transport conditions, to the final destination at the earliest opportunity; |
| (c) continuation or re-routing, under comparable transport conditions, to the final destination at a later date at the passenger’s convenience. | (c) continuation or re-routing, under comparable transport conditions, to the final destination at a later date at the passenger’s convenience. |
| (ca) communication in a clear and comprehensive manner, without delay or automatically by electronic means, either of the common form or a hyperlink providing full information and details on rail undertaking' respective website or about its own compensation systems upon the passengers' eligibility for a refund or compensation under this Regulation. | |
| " |
| Present text | Amendment |
|---|---|
| (1a) In Article 20, paragraph 5 is replaced by the following: | |
| 5. In applying paragraphs 1 to 4, the operating railway undertaking shall pay particular attention to the needs of persons with disabilities and persons with reduced mobility, as well as to those of any accompanying persons and assistance dogs | "5. In applying paragraphs 1 to 4, the operating railway undertaking shall pay particular attention to the needs of persons with disabilities and persons with reduced mobility, as well as to those of any accompanying persons and recognised assistance dogs. |
| " |
| Present text | Amendment |
|---|---|
| Article 29 is replaced by the following: | |
| Article 29 | "Article 29 |
| Service quality standards | Service quality standards |
| 1. Railway undertakings shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex III. | 1. Railway undertakings shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex III and Annex V. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request. |
| 2. Railway undertakings shall monitor their own performance as reflected in the service quality standards. By 30 June 2023, and every two years thereafter, they shall publish a report on their service quality performance on their website. Such reports shall also be made available on the website of the European Union Agency for Railways. | 2. Station managers shall establish service quality standards based on the relevant items listed in Annex III and Annex V. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request. |
| 3. Station managers shall establish service quality standards based on the relevant items listed in Annex III. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request. | " |
| Present text | Amendment |
|---|---|
| Article 32 is replaced by the following: | |
| Enforcement tasks | "Enforcement tasks |
| 1. The national enforcement bodies shall closely monitor compliance with this Regulation, including with Regulations (EU) No 454/2011 and (EU) No 1300/2014 as far as those Regulations are referred to in this Regulation, and shall take the measures necessary to ensure that the rights of passengers are upheld. | 1. The national enforcement bodies shall closely monitor compliance with this Regulation, including with Regulations (EU) No 454/2011 and (EU) No 1300/2014 as far as those Regulations are referred to in this Regulation, and shall take the measures necessary to ensure that the rights of passengers are upheld. National enforcement bodies shall adopt a risk-based approach to monitoring compliance, focusing on recurrent breaches, systemic issues, and areas with a high impact on passenger rights, particularly those of persons with disabilities and reduced mobility. |
| 2. For the purpose of paragraph 1, railway undertakings, station managers, infrastructure managers, ticket vendors and tour operators shall provide the national enforcement bodies with relevant documents and information at their request without undue delay and, in any event, within one month from the receipt of the request. In complex cases, the national enforcement body may extend this period to a maximum of three months from the receipt of the request. In carrying out their functions, the national enforcement bodies shall take account of the information submitted to them by the body designated under Article 33 to handle complaints, if this is a different body. They may also decide on enforcement actions based on individual complaints transmitted by such a body. | 2. For the purpose of paragraph 1, railway undertakings, station managers, infrastructure managers, ticket vendors and tour operators shall provide the national enforcement bodies with relevant documents and information at their request without undue delay and, in any event, within one month from the receipt of the request. In complex cases, the national enforcement body may extend this period to a maximum of three months from the receipt of the request. Where non-compliance is identified, the enforcement body shall require the responsible party to submit a corrective action plan with clear deadlines to remedy the breach. |
| 3. Every two years, the national enforcement bodies shall publish reports with statistics on their activity, including on penalties applied by 30 June of the following calendar year. Those reports shall be made available on the website of the European Union Agency for Railways. | 3. Every two years, the national enforcement bodies shall publish reports with statistics on their activity, including on penalties applied by 30 June of the following calendar year. These reports shall be published in accessible formats and shall include: the number and nature of complaints received, the most frequent issues, corrective actions taken, and trends in enforcement outcomes. |
| 4. Railway undertakings shall give their contact details to the national enforcement body or bodies of the Member States in which they operate. | 4. Railway undertakings shall give their contact details to the national enforcement body or bodies of the Member States in which they operate. |
| 5. Enforcement shall be guided by the objective of protecting passenger rights. National enforcement bodies shall engage with consumer and disability organisations to assess the effectiveness of enforcement activities and reflect passenger concerns in their compliance priorities. | |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Compliance monitoring activities shall be based on the assessment of risks and carried out by means of audits, inspections, interviews, verifications and examination of documents as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified. | 4. Compliance monitoring activities shall be based on the assessment of risks and carried out by means of audits, website and mobile applications reviews - including on accessibility -inspections, interviews, verifications and examination of documents as appropriate. They shall include both announced and unannounced activities which should be carried out in cooperation with persons with disabilities and their representatives organisations, where relevant. The monitoring activities shall be proportionate to the risks identified. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6a. If action plans submitted by air carriers, airport managing bodies, or intermediaries are found to be inadequate, or if the non-compliance requires immediate corrective action, National Enforcement Bodies (NEBs) shall take appropriate enforcement measures. Member States shall ensure that NEBs have sufficient powers and resources to impose effective penalties for infringements of this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6b. National Enforcement Bodies shall have the authority to initiate enforcement actions based on individual complaints submitted by passengers. These actions shall not be contingent upon the outcome of previous monitoring activities. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6c. National Enforcement Bodies shall publish an annual report detailing their enforcement activities, including information on sanctions imposed. Additionally, they shall publish statistics based on data supplied by air carriers, intermediaries, and airport managing bodies, covering the number and nature of passenger complaints, as well as the number of cancellations, denied boardings, delays, and their respective durations |
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. The Commission shall support dialogue and promote cooperation between Member States concerning national interpretation and application of this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1b. Member States shall provide annually a report on their activities to the Commission. The Commission may decide on the issues to be addressed in these reports via implementing acts. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1c. At the request of a Member State, or on its own initiative, the Commission shall examine cases where differences in the application and enforcement of any of the provisions of this Regulation arise and particularly concerning the interpretation of extraordinary circumstances; and shall clarify the provisions of the Regulation, with a view to promoting a common approach. To this end, the Commission may adopt and publish a recommendation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. The Commission and Member States shall set up a Union-wide mechanism consisting of all national enforcement bodies to ensure the exchange between Member States of information about infringements, sanctions and best practices of enforcement between the Member States. The Commission shall make this information publicly and available in electronic form to all the Member States. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2b. The National Enforcement Bodies shall provide, upon request, information and relevant documents on individual cases of infringement to the Commission. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2c. The Commission shall publish on its website and regularly update a list of all rail carriers operating in the Union, of intermediaries or rail station managing bodies that systematically fail to comply with the provisions of this Regulation. Irrespective of size or nationality, any carrier, intermediary or rail station managing body, for whom the Commission has received evidence of infringements that occurred to passengers on more than 10 occasions in one calendar year, and that relate to one or more articles of this Regulation, shall be considered to have systematically failed to comply with this Regulation. |
| Present text | Amendment |
|---|---|
| (3a) Article 35 is replaced by the following : | |
| Article 35 | "Article 35 |
| Penalties | Penalties |
| 1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them. | 1. In accordance with Article 24 of Directive 2011/83/EU, Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented effectively. |
| 2. In the framework of cooperation referred to in Article 34 the national enforcement body which is competent for the purposes of Article 33(4) or (5) shall, at the request of the national enforcement body handling the complaint, investigate the infringement of this Regulation identified by that body and, if necessary, impose penalties. | 2. The penalties provided for must be effective, proportionate and dissuasive, taking into account, in particular: the nature, gravity, duration and recurrence of the infringement; whether the infringement has caused financial harm or distress to passengers, especially to persons with disabilities or vulnerable travellers; any failure to comply with compensation, reimbursement or care obligations within the prescribed timeframes; the failure to provide information to passengers in accessible formats or to respond to complaints as required. |
| 3. In the case of delays in compensation or reimbursement beyond the time limits set out in this Regulation, penalties shall include: mandatory interest on the overdue amount, and administrative fines proportional to the delay and the number of affected passengers. | |
| 4.Member States shall ensure that national enforcement bodies have the power to: impose administrative fines; order corrective actions and compliance measures; publish sanctions and decisions taken. | |
| 5. The penalties shall be applicable to air carriers, intermediaries, airport managing bodies, and any other actors responsible for fulfilling obligations under this Regulation. | |
| 6. Member States shall notify the Commission of these rules and measures and of any subsequent amendments. | |
| They shall also ensure that information about penalties is made publicly available in an accessible and understandable format, including on the websites of enforcement bodies. | |
| " |
| Present text | Amendment |
|---|---|
| Article 39 is replaced by the following : | |
| Report | "Report |
| By 7 June 2026, the Commission shall report to the European Parliament and the Council on the implementation and the results of this Regulation. | 1. A report shall be prepared by the Commission every two years and submitted to the European Parliament and the Council. The report shall assess the implementation and effectiveness of this Regulation, including: the incidence and handling of denied boarding, cancellations, and delays; the level and timeliness of reimbursement and compensation; the functioning of complaint-handling mechanisms and accessibility of information; systemic market failures and patterns of non-compliance; the protection of persons with disabilities and reduced mobility; the role and performance of national enforcement bodies; and the integration of passenger rights in multimodal and package travel contexts. |
| The report shall be based on information to be provided pursuant to this Regulation. The report shall, where necessary, be accompanied by appropriate proposals. | 2. The report shall be based on the enforcement data, compliance reports, and national monitoring results submitted by Member States pursuant to Articles 16d and 16e. It shall take into account passenger complaints, stakeholder input, and consultation with relevant consumer and disability organisations. |
| 3. The report shall include, where appropriate: recommendations on revising compensation levels under Article 19(1); options for extending the scope of this Regulation to other transport modes or service types; proposals to strengthen coordination between this Regulation and Directive (EU) 2015/2302 on package travel. | |
| 4. The report shall be published in accessible formats, in accordance with Directive (EU) 2019/882, and made available on the website of the Commission. Where necessary, the report shall be accompanied by legislative proposals | |
| " |
| Text proposed by the Commission | Amendment |
|---|---|
| ANNEX 2 | deleted |
| MINIMUM SERVICE QUALITY STANDARDS | |
| Information to passengers on their rights as required by this Regulation (in a transparent, accessible, non-discriminatory, effective and proportionate manner), and tickets | |
| Punctuality of flights, and general principles to cope with disruptions to flights | |
| Delays | |
| (a) overall average delay of flights; | |
| (b) percentage of delays caused by: | |
| – extraordinary circumstances; | |
| – fault on the part of the passenger; or | |
| – the behaviour of a third party. | |
| (c) percentage of flights delayed at departure: | |
| – for two hours or more in the case of flights of 1500 kilometres or less; | |
| – for three hours or more in the case of all intra-Community flights of more than 1500 kilometres and of all other flights between 1500 and 3500 kilometres; | |
| – for four hours or more in the case of all other flights. | |
| (d) percentage of flights delayed at arrival: | |
| – percentage of delays of more than 3 hours (5 hours). | |
| Cancellations of flights | |
| (a) cancellation of flights; | |
| (b) percentage of cancellations of flights caused by: | |
| – extraordinary circumstances; | |
| – fault on the part of the passenger; or | |
| – the behaviour of a third party. | |
| Cleanliness of the means of passenger transport and the terminal facilities (air quality and temperature control inside, hygiene of sanitary facilities, etc.) | |
| Adherence to industry standards on weight and dimensions of hand luggage | |
| Results of the customer satisfaction survey(s) | |
| Complaint handling | |
| (a) the number of complaints; | |
| (b) types of complaints; | |
| (c) the outcome of complaints; | |
| (d) reimbursements; and | |
| (e) compensation for non-compliance with service quality standards. |
| Text proposed by the Commission | Amendment |
|---|---|
| Annex: non-exhaustive list of circumstances considered as extraordinary circumstances for the purposes of this Regulation | |
| 1. The following circumstances shall be considered as extraordinary: | |
| (a) extraordinary circumstances not connected with the operation of the aircraft, such as: | |
| i. Major natural and/or environmental disasters which are deemed to affect the safe operation of the flight; | |
| ii. Extreme meteorological conditions incompatible with the safe operation of the flight or resulting in capacity restrictions at the airport of departure or of arrival; | |
| iii. war or insurrection; | |
| iv. serious cross-border threats to health falling within the scope of Articles 2(1) or 2(4) of Regulation (EU) 2022/2371 which are deemed to affect the safe operation of the flight; | |
| v. bird strikes or obstacle collision with the aircraft during a flight which may cause damage that requires immediate compulsory checks and possible repair; | |
| (b) fault on the part of a passenger, including: | |
| i. disruptive passenger behaviour endangering the safe operation of the flight; | |
| ii. health risks or medical emergencies (such as serious illness) discovered at short notice before flight departure, or necessitating the interruption or deviation of the flight; | |
| (c) the behaviour of a third party which the operating air carrier, in spite of having taken the care required in the particular circumstances of the case, was unable to avoid and the consequences of which it was unable to prevent, such as: | |
| i. security risks, damages caused by acts of sabotage or terrorism, or unlawful acts, incompatible with the safe operation of the flight; | |
| ii. a hidden manufacturing defect revealed, by the manufacturer or a competent authority and which impinges on flight safety; | |
| iii. air traffic management restrictions or closure of airspace; | |
| iv. partial or full unscheduled closure of an airport, including a general airport system failure, or the activation of the contingency plan by the Airport managing authority; | |
| v. labour disputes at essential service providers such as airport managing body, Air Navigation Service Providers, groundhandling service providers, or, in relation to demands which only the public authorities can satisfy, at the operating air carrier; | |
| vi. damage to the aircraft caused by third parties for whom the air carrier, in the absence of contractual relations, is not responsible on the ground prior to departure of the flight and requiring immediate assessment or repair. | |
| vii. damage to the aircraft which could affect the safety of the flight or the integrity of the aircraft and requires immediate assessment and/or repair and is caused by meteorological events (for example: lightning strikes, hailstones, thunderstorms, severe turbulence etc.). | |
| vii. a collision between the elevator of an aircraft in a parking position and the winglet of an aircraft of another airline; | |
| ix. damage to an aircraft tyre caused by a foreign object, provided that the air carrier deployed all its resources in terms of staff or equipment and the financial means at its disposal to avoid the damage; | |
| x. petrol on a runway of an airport; | |
| xi. unexpected flight safety shortcomings that could not have been identified in the context of preventive maintenance in line with EU rules and procedures for the continuing airworthiness management of aircraft; | |
| 2. The following non exhaustive list of circumstances shall not be considered as extraordinary: | |
| i. technical problems that could have been identified in the context of preventive maintenance in line with EU rules and procedures for the continuing airworthiness management of aircraft; | |
| ii. de-icing delays, aircraft change, operational decisions, late crew / check-in / boarding procedures; and | |
| iii. unavailability of flight crew or cabin crew (unless caused by labour disputes covered under 1(c)v). |
| Text proposed by the Commission | Amendment |
|---|---|
| ANNEX IIa | |
| Exhaustive list of circumstances capable of being considered as extraordinary circumstances for the purposes of this Regulation. | |
| The following circumstances shall be capable of being considered as extraordinary: | |
| 1. Natural disasters, meteorological conditions and medical emergencies | |
| a. natural disasters rendering impossible the safe operation of the flight; | |
| b. meteorological conditions 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 impossible; | |
| c. airport congestion due to meteorological conditions, resulting in an obligation on the aircraft operator to delay or cancel the flight; | |
| d. health risks or medical emergencies necessitating the interruption or deviation of the flight concerned; | |
| e. unforeseen air traffic management restrictions or the unforeseen closure of the airspace, including runway closures by the authorities; | |
| 2. Technical problems and physical obstructions | |
| a. technical problems afflicting the aircraft which are directly caused by a hidden manufacturing defect formally acknowledged as such by the manufacturer or a competent authority and that arose during the maintenance check preceding the flight or after the aircraft has been released to service, which impinges on flight safety; | |
| b. collision between an aircraft and a bird and any damage caused by such a collision; | |
| c. a collision of an aircraft in a parking position with an aircraft of another airline caused by the movement of the aircraft of the other airline; | |
| d. damage to an aircraft caused by a foreign object lying on an airport runway; | |
| e. the presence of petrol on a runway resulting in the closure of the airport and, 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 ; | |
| f. a generalised breakdown of the aircraft refuelling system, where the airport of origin of the flight or aircraft concerned is responsible for the aircraft refuelling system; | |
| 3. Labour disputes and shortage of staff | |
| a. strikes that are external to the activity of an air carrier, such as strike actions taken by air traffic controllers or airport staff; | |
| b. strikes by the staff of an operating air carrier, providing that such a strike originates from demands that only the public authorities can satisfy and that, accordingly, are beyond the actual control of the air carrier concerned; | |
| c. shortage of staff at the airport providing baggage loading services; | |
| 4. Acts of sabotage or terrorism | |
| a. war, political unrest, acts of sabotage or terrorism rendering impossible the safe operation of the flight; | |
| b. unruly behaviour of a passenger which causes the pilot in command of the aircraft to divert the flight concerned to an airport other than the airport of arrival in order to disembark this passenger or passengers and their baggage |
| Text proposed by the Commission | Amendment |
|---|---|
| ANNEX I | |
| MINIMUM SERVICE QUALITY STANDARDS | |
| Information on safety provisions and restrictions applied | |
| Information on the rights under Chapter IV (in a transparent, accessible, non-discriminatory, effective, and proportionate manner):- requirements regarding accompanying recognised assistance dogs (in case of carriers) | |
| - conditions under which an accompanying person is required | |
| - the accessibility of the means of transport used- the accessibility of the airport (in case of terminal managers) | |
| - the transport of mobility equipment | |
| - the complaints and compensation procedure for damaged equipment. |
The service quality standards should not be subject to a reporting obligation, but to a duty to provide information. Otherwise, the administrative burden for companies will be disproportionate to the added value created. This amendment is related to the amendment in Art. 15a. These changes should also be included in the other regulations of this proposal.
| Text proposed by the Commission | Amendment |
|---|---|
| ANNEX IIa | |
| Exhaustive list of circumstances capable of being considered as extraordinary circumstances for the purposes of this Regulation. | |
| 1. The following circumstances shall be capable of being considered as extraordinary: | |
| i. natural disasters rendering impossible the safe operation of the flight; | |
| ii. technical problems afflicting the aircraft which are directly caused by a hidden manufacturing defect formally acknowledged as such by the manufacturer, supplier or a competent authority and that arose during the maintenance check preceding the flight or after the aircraft has been released to service, which impinges on flight safety; | |
| iii. technical damage on landing due to strong winds, known as hard landing | |
| iv. collision between an aircraft and a bird and any damage caused by such a collision; | |
| v. war, political unrest, acts of sabotage or terrorism rendering impossible the safe operation of the flight; | |
| vi. health risks or medical emergencies necessitating the interruption or deviation of the flight concerned; | |
| vii. unruly behaviour of a passenger which causes the pilot in command of the aircraft to divert the flight concerned to an airport other than the airport of arrival in order to disembark this passenger or passengers and their baggage; | |
| viii. unforeseen air traffic management restrictions or the unforeseen closure of the airspace, including runway closures by the authorities; | |
| ix. shortage of staff at the airport providing baggage loading services; | |
| x. meteorological conditions 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 impossible; | |
| xi. airport congestion due to meteorological conditions, resulting in an obligation on the aircraft operator to delay or cancel the flight; | |
| xii. unforeseen labour disputes at the operating air carrier or at essential service providers such as airports and Air Navigation Service Providers, excluding strikes by airline staff unless originating from demands that only public authorities can satisfy; a collision of an aircraft in a parking position with an aircraft of another airline caused by the movement of the aircraft of the other airline; | |
| xiii. damage to an aircraft caused by a foreign object lying on an airport runway; | |
| xiv. the presence of petrol on a runway resulting in the closure of the airport and, 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; | |
| xv. a generalised breakdown of the aircraft refuelling system, where the airport of origin of the flight or aircraft concerned is responsible for the aircraft refuelling system | |
| xvi. security incidents such as bomb threats | |
| xvii. sanitary travel restrictions caused by major health crises |
Connections
The dossier, the decisions on this text and its other versions.
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Sources & citation
Where the facts on this page come from, and how to cite it.
- Data source
- Licensed CC BY 4.0.
- Retrieved
- 25 September 2026
Cite as
European Parliament (2025). “AMENDMENTS 155 - 479 - Draft report Proposal for a Regulation of the European Parliament and of the Council amending Regulations (EC) No 261/2004, (EC) No 1107/2006, (EU) No 1177/2010, (EU) No 181/2011 and (EU) 2021/782 as regards enforcement of passenger rights in the Union”. Text, 1 April 2025. docId TRAN-AM-771913. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/TRAN-AM-771913 (retrieved 25 September 2026). Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/TRAN-AM-771913 (CC BY 4.0).
BibTeX
@misc{epw-text-tran-am-771913,
author = {{European Parliament}},
title = {{AMENDMENTS 155 - 479 - Draft report Proposal for a Regulation of the European Parliament and of the Council amending Regulations (EC) No 261/2004, (EC) No 1107/2006, (EU) No 1177/2010, (EU) No 181/2011 and (EU) 2021/782 as regards enforcement of passenger rights in the Union}},
year = {2025},
date = {2025-04-01},
howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/TRAN-AM-771913}},
url = {https://news.eu-parl.st-solutions.dev/texts/TRAN-AM-771913},
urldate = {2026-09-25},
publisher = {EU Parl Watch Research},
note = {Text. docId TRAN-AM-771913. Data: EP Open Data API: document record (CC BY 4.0)}
}