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Text · Report parliamentary committee draft

On the 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

On the 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-PR-768111 · COM(2023)0753 – C090434/2023 – 2023/0437(COD)

Kind
Report parliamentary committee draft TRAN-PR-768111
Date
20 February 2025
Committee
Committee on Transport and Tourism
Rapporteur
Matteo Ricci
Dossier
2023-0437
More facts (3)
Formats
Official page PDF Word
Subject matter
PROT, TRAN, IAPA
Reference
COM(2023)0753 – C090434/2023 – 2023/0437(COD)
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Cite this page Official page (opens the official site)
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In short

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The rapporteur's draft report sets out Parliament's position on a Commission proposal to amend five EU passenger rights regulations on enforcement. It strengthens national enforcement bodies, clarifies reimbursement through intermediaries, and adds rights for passengers with disabilities and reduced mobility. It defines extraordinary circumstances and cancellation, requires automatic compensation where carriers cannot prove extraordinary circumstances, and sets a common EU claim form sent automatically after disruption. It gives passengers a free hand luggage right of 55x40x20cm and 7 kilos, free seating for infants and children under 12, and full compensation for lost or damaged mobility equipment and assistance dogs. It makes intermediaries liable for reimbursements free of charge, requires complaint handling within set deadlines, and lets the Commission inspect national enforcement bodies.

Position. The rapporteur proposes to amend the Commission proposal to strengthen passenger rights, harmonise rules across transport modes and member states, and enhance enforcement. He backs automatic compensation, clear definitions of extraordinary circumstances and cancellation, intermediary liability, and stronger national enforcement bodies.

Key points

  1. National enforcement bodies must be independent of carriers, airport managing bodies and intermediaries, and must monitor compliance through audits, inspections and unannounced checks.
  2. Carriers, airport managing bodies and intermediaries must give enforcement bodies documents and information within one month of a request, and may face penalties for non-compliance.
  3. Extraordinary circumstances are limited to an exhaustive list in Annex IIa; where a carrier cannot prove them in writing, compensation is paid automatically for cancellation and long delays.
  4. Cancellation includes flights that took off but landed elsewhere, returned to departure, transferred passengers to other flights, or departed more than an hour early.
  5. Where a ticket is bought through an intermediary, the carrier reimburses the intermediary within seven days and the intermediary reimburses the passenger the full ticket cost plus intermediation fees within a further seven days, free of charge.
  6. Intermediaries are liable for processing reimbursements and face penalties set by member states; they must give passengers money transfer references and inform them of the reimbursement process at booking.
  7. Air carriers and intermediaries must run complaint-handling mechanisms, confirm receipt within 7 working days and give a reasoned answer within two months, or be deemed to accept the passenger's claims.
  8. Passengers may complain to a national enforcement body within three months of a rejection or of no reply, and alternative dispute resolution participation by carriers and intermediaries is mandatory and binding.
  9. A common EU form for compensation and reimbursement requests is established, sent automatically after denied boarding, cancellation or long delay, and passengers may also submit requests by other means in the booking language.
  10. Air carriers must provide full compensation for loss or damage to mobility equipment, assistive devices and recognised assistance dogs, and must carry accompanying persons and assistance dogs free of charge.
  11. Infants under 24 months and children under 12 are a special category of passengers and must be seated with or next to the accompanying passenger free of charge.
  12. Passengers have the right to hand luggage of at least 55x40x20cm and 7 kilos without a supplement, and carriers must display rights notices at check-in, online and at boarding gates in accessible formats.

Who is affected

  • Air carriers, airport managing bodies and intermediaries must meet monitoring, information, complaint-handling and reimbursement duties.
  • Passengers gain automatic compensation, a free hand luggage right, free child seating and faster complaint replies.
  • Persons with disabilities and reduced mobility gain full compensation for mobility equipment and assistance dogs and free accompanying-person travel.
  • National enforcement bodies gain independence, information powers, penalty powers and Commission inspections.
  • Member states must designate enforcement bodies, set penalty rules and report annually to the Commission.

Figures and deadlines

  • Hand luggage minimum 55x40x20cm and 7 kilos, carried without supplement.
  • Reimbursement: carrier pays intermediary within seven days; intermediary pays passenger within a further seven days.
  • Complaint receipt confirmed within 7 working days; reasoned answer within two months.
  • Complaints to carriers or intermediaries within three months of the flight date.
  • Contact details deleted within 72 hours after the contract of carriage ends.
  • Carriers must report extraordinary circumstances and technical issues within 48 hours following travel disruption.
  • Service quality reports published by 2 years after the Regulation becomes applicable, and every two years thereafter.
  • Infants under 24 months and children under 12 seated with or next to the accompanying passenger free of charge.

Legal basis. Article 294(2), Article 91(1) and Article 100(2) of the Treaty on the Functioning of the European Union.

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Draft european parliament legislative resolution

(COM(2023)0753 – C100434/2023 – 2023/0437(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–having regard to the Commission proposal to Parliament and the Council (COM(2023)0753),

–having regard to Article 294(2), Article 91(1) and Article 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C100434/2023),

–having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

–having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–having regard to the opinion of the European Economic and Social Committee of 20 March 2024,

–having regard to the opinion of the Committee on the Internal Market and Consumer Protection,

–having regard to the report of the Committee on Transport and Tourism (A100000/2025),

1.Adopts its position at first reading hereinafter set out;

2.Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a regulation

Recital 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(4) Simplification, consistency and harmonisation of the rules of Regulation (EC) No 261/2004, Regulation (EC) No 1107/2006, Regulation (EU) No 1177/2010, and Regulation (EU) No 181/2011 is required especially as regards rules dealing with the information to passengers on their rights before and during the journey, enforcement of passenger rights and complaint handling for passengers. The existing rules in those Regulations should be amended to complement those of the recently adopted Regulation (EU) 2021/782 of the European Parliament and of the Council9 as regards forms to request reimbursements and compensation, service quality standards, obligations for carriers to share information with national enforcement bodies, and information of passengers by national enforcement bodies on alternative dispute resolution.(4) Simplification, consistency and harmonisation of the rules of Regulation (EC) No 261/2004, Regulation (EC) No 1107/2006, Regulation (EU) No 1177/2010, and Regulation (EU) No 181/2011 is required especially as regards rules dealing with the information to passengers on their rights before and during the journey, enforcement of passenger rights, national enforcement bodies powers and complaint handling for passengers. The existing rules in those Regulations should be amended to complement and harmonize those of the recently adopted Regulation (EU) 2021/782 of the European Parliament and of the Council9 as regards, designation and tasks of national enforcement body, complaints, complaint handling by national enforcement body or other bodies, forms to request reimbursements and compensation, service quality standards, obligations for carriers to share information with national enforcement bodies, and information of passengers by national enforcement bodies on alternative dispute resolution.
9 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.9 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.

Or. en

Amendment 2

Proposal for a regulation

Recital 4 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(4a) The growing diffusion of claim agencies, private entities assisting passengers in claiming compensation under Regulation 261/2004, clearly indicates the difficulties passengers face in obtaining the enforcement of their rights directly from air carrier; this phenomenon highlights that, in many cases, the complaint procedure and the recognition of compensation prove to be burdensome, uncertain, or excessively time-consuming for passengers, leading them to resort to commercial intermediaries who, retain a significant portion of the compensation due to the passengers themselves. This is symptomatic of the need to revise Regulation 261/2004 in certain provisions, in order to enhance the effectiveness of its enforcement and to introduce more adequate mechanisms ensuring that air carriers comply with their obligations without requiring passengers to rely on costly intermediaries.

Or. en

Amendment 3

Proposal for a regulation

Recital 5

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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. In this case the reimbursement procedure should be in line with the provision laid down in Article 8 on right to reimbursement and re-routing. 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.

Or. en

Amendment 4

Proposal for a regulation

Recital 10

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(10) A risk-based approach to the monitoring of compliance with passenger rights, which is based not only on complaints received but also on compliance monitoring activities such as inspections should ensure that national enforcement bodies are better able to detect and correct non-compliance by carriers and terminal managers with the existing rules.(10) National enforcement bodies should be tasked to monitoring the compliance with passenger rights, which is based not only on complaints received but also on compliance monitoring activities such as inspections should ensure that national enforcement bodies are better able to detect and correct non-compliance by carriers and terminal managers with the existing rules.

Or. en

Amendment 5

Proposal for a regulation

Recital 13

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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. Carriers should also make information on their service quality standards publicly available. The reports on service quality standards should be easily accessible to passengers, including persons with disabilities and persons with reduced mobility, on the website of the carriers. They should be available together with the general information on passenger rights for sake of efficiency and transparency.

Or. en

Amendment 6

Proposal for a regulation

Recital 14

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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.deleted

Or. en

Amendment 7

Proposal for a regulation

Recital 14 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(14a) 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, including hand baggage dimensions. In accordance with the CJEU ruling in case C-487/12, hand baggage (i.e. luggage that is not checked in) should 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 should not, therefore, be made subject to a price supplement.

Or. en

Amendment 8

Proposal for a regulation

Recital 14 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(14b) The concept of extraordinary circumstances has been subject to abundant case law. Greater clarity should be provided on what constitutes extraordinary circumstances to allow air passenger rights to be effectively and consistently enforced. In the light of case law, events where the origin is internal should be distinguished from those where the origin is external to the air carrier. External events which result from external circumstances which the air carrier does not control and arise from a natural event or an act of a third party should generally qualify as extraordinary circumstances. Events that are not external should be qualified as internal and hence should not be qualified as extraordinary circumstances.

Or. en

Amendment 9

Proposal for a regulation

Recital 15

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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 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. In order to simplify the procedure for passengers to apply for compensation and/or reimbursement and to ensure its accessibility, passengers should have the possibility to submit the common form for reimbursement and compensation requests either as a physical document or by electronic means.

Or. en

Amendment 10

Proposal for a regulation

Recital 15 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(15a) For the purposes of encouraging the use of the common form for reimbursement and compensation by passengers, the Commission should disseminate the form in all official languages of the Union on its website, including in a version which is accessible to persons with disabilities and persons with reduced mobility.

Or. en

Amendment 11

Proposal for a regulation

Recital 17

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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. In addition, mobility equipment is essential for passengers with reduced mobility and its replacement remain difficult and costly. Air carriers should provide full compensation to passengers in case of loss or damaged in respect to mobility equipment, assistive devices and recognised assistance dogs. In addition free seating for the acoompanying person and full liability for damaged mobility equipment in air transport should be aligned with the existing rights in rail, bus and coach and waterborne transport modes in the Union. In addition, when information to persons with disabilities and reduced mobility is provided in accessible formats, it should be provided in accordance with the applicable legislation including 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.

Or. en

Amendment 12

Proposal for a regulation

Recital 17 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(17a) Infants of less than 24 months and children under 12 years old are considered as a ‘Special category of passengers’ (SCP) under EU safety legislation. Therefore, they should be seated either with - for infants - or next to the accompanying passenger free of charge.

Or. en

Amendment 13

Proposal for a regulation

Article 1 – paragraph 1 – point -1 (new)

Regulation (EC) No 261/2004

Article 2 – paragraph 1 – point l

Amendment: Present text and Amendment
Present textAmendment
(-1) 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 non-operation 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, or when the departure time was broght forward by more than an hour by the air carier."

Or. en

(32004R0261)

Amendment 14

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EC) No 261/2004

Article 2 – paragraph 1 – point z a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(za) “full cost of the ticket” means final price to be paid at the end of the reservation process that includes the air fare and all applicable taxes, charges, surcharges and fees paid for all optional and non-optional services included in the ticket, excluding intermediation fees, regardless whether those extras and fees have been paid together with the fares for the transport service or separately at a later stage;

Or. en

Amendment 15

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EC) No 261/2004

Article 2 – paragraph 1 – point z b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(zb) “intermediation fee” means any difference between the amount paid by the passenger and the amount received by the air carrier for the same service, and which is collected by the intermediary;

Or. en

Amendment 16

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EC) No 261/2004

Article 2 – paragraph 1 – point z c (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(zc) ‘service quality standards’ means key performance indicators measuring how passenger rights are implemented.”

Or. en

Amendment 17

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EC) No 261/2004

Article 2 – paragraph 1 – point z d (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(zd) “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.’

Or. en

Amendment 18

Proposal for a regulation

Article 1 – paragraph 1 – point 1 a (new)

Regulation (EC) No 261/2004

Article 3 – paragraph 6a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(1a) In Article 3, the following paragraph is added :
6a. The rights of persons with reduced mobility or special needs laid down under this Article shall be without prejudice to the rights they enjoy under Regulation (EC) No 1107/2006.

Or. en

Amendment 19

Proposal for a regulation

Article 1 – paragraph 1 – point 1 b (new)

Regulation (EC) No 261/2004

Article 5 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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 no proof of the existence of extraordinary circumstances is provided by the air carrier in a written form, the compensation referred to in Article 7 shall be paid automatically to the passenger by the air carrier in the event of cancellation and long delays.
3. 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.

Or. en

Amendment 20

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EC) No 261/2004

Article 8a – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 reimburse the passenger in accordance with this Article.

Or. en

Amendment 21

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EC) No 261/2004

Article 8a – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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.

Or. en

Amendment 22

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EC) No 261/2004

Article 8a – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 including costs related to the intermediation fees, telephone costs or any other fee.

Or. en

Amendment 23

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EC) No 261/2004

Article 8a – paragraph 5 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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 full cost of the ticket as it had received for the ticket from 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 the full cost of the ticket and the intermediation fees via the original payment method, at the latest within a further seven days, and inform the passenger and the air carrier thereof.

Or. en

Amendment 24

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EC) No 261/2004

Article 8a – paragraph 5 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5a. Air carriers and intermediaries shall provide passengers with the references of the money transfer such as the transaction number.

Or. en

Amendment 25

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EC) No 261/2004

Article 8a – paragraph 5 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5b. Intermediaries are liable for duly processing the reimbursement set out in paragraph 5. In case of a breach of their obligations, intermediaries should be subject to a penalty regime as defined by Member States in accordance with Article 16cc

Or. en

Amendment 26

Proposal for a regulation

Article 1 – paragraph 1 – point 2 a (new)

Regulation (EC) No 261/2004

Article 11 – paragraph -1 (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(2 a) In Article 11, the following paragraph is inserted:
-1. The rights of persons with reduced mobility or special needs laid down under this Article shall be without prejudice to the rights they enjoy under Regulation (EC) No 1107/2006.

Or. en

Amendment 27

Proposal for a regulation

Article 1 – paragraph 1 – point 2 b (new)

Regulation (EC) No 261/2004

Article 11– paragraph 1

Amendment: Present text and Amendment
Present textAmendment
(2b) 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 children1. 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"

Or. en

(32004R0261)

Amendment 28

Proposal for a regulation

Article 1 – paragraph 1 – point 2 c (new)

Regulation (EC) No 261/2004

Article 11 – paragraph 2 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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.’

Or. en

Amendment 29

Proposal for a regulation

Article 1 – paragraph 1 – point 2 d (new)

Regulation (EC) No 261/2004

Article 11 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(2d) the following Article 11a is inserted:
Article 11 a
Right to hand luggage
Passengers shall have the rights to a carry on board a hand luggage of minimum 55x40x20cm as dimensions and 7 kilos 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

Or. en

Amendment 30

Proposal for a regulation

Article 1 – paragraph 1 – point 2 e (new)

Regulation (EC) No 261/2004

Article 13 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(2e) the following Article 13a is inserted:
Article 13a
Complaints
1. Each air carrier and intermediaries shall set up a complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility. At the time of booking, they shall provide information to passengers on the complaint handling processes and the relevant time limits under this Article. Information on complaint handling shall also be accessible on the air carriers’ and intermediaries’ websites and shall be communicated in the email that notifies any event that could give rise to the rights enshrined in this Regulation.
2. Passengers may submit a complaint to any air carriers or intermediaries regarding their respective fields of responsibility via the mechanisms referred to in paragraph 1. Such a complaint shall be submitted within three months from the date on which the flight was performed or was scheduled to be performed.
3. Within 7 working days of receiving the complaint, the adressee shall confirm the receipt of the complaint to the passenger. Within two months of receiving the complaint, the adressee shall provide a reasoned answer to the passenger. Where the adressee does not provide that full answer within that two-month period, it shall be deemed to have accepted the passenger’s claims.
4. With the reasoned answer, the adressee shall also communicate to the passenger concerned the relevant contact details of the National enforcement body or other body as defined in Article 16 paragraph 1, including its postal address, phone number, email address and website address.
5. Where the air carrier invokes extraordinary circumstances, it shall, in its answer, inform the passenger of the specific circumstances responsible for the cancellation or delay. The air carrier shall also show that it took all reasonable measures to avoid the cancellation or delay.
6. The burden of proof regarding the provision of the requisite information to passengers shall be on the air carrier
7. Details of the complaint-handling procedure shall be accessible to the public, including to persons with disabilities and to persons with reduced mobility. This information shall be available upon request at least in the official language or languages of the booking reservation.

Or. en

Amendment 31

Proposal for a regulation

Article 1 – paragraph 1 – point 2 f (new)

Regulation (EC) No 261/2004

Article 14 – paragraph 1

Amendment: Present text and Amendment
Present textAmendment
(2f) In Article 14, paragraph 1 is replaced by the following:
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 airport managing body and operating air carrier shall ensure that at check-in, 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."

Or. en

(32004R0261)

Amendment 32

Proposal for a regulation

Article 1 – paragraph 1 – point 2 g (new)

Regulation (EC) No 261/2004

Article 14 – paragraph 2

Amendment: Present text and Amendment
Present textAmendment
(2g) 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. In the event of denied boarding or flight cancellation, delay or change of schedule of at least two hours, the operating air carrier shall as soon as possible fully inform the passenger affected and provide him with a written notice or a notice in electronic form setting out the rules for compensation and assistance in line with this Regulation, including information on possible limitations pursuant to Articles 9(4) and 9(5) and shall inform passenger of possible alternative transport modes.
Air carriers shall clearly inform passengers of the process of requesting compensation or reimbursement under, respectively, Article 7 and Articles 8, 8a, 9 and 10 of this Regulation.
The air carrier shall inform the passenger if it believes that the denied boarding or flight cancellation is due to extraordinary circumstances, as defined in Article 5 paragraph 3 and Annex IIa. The carrier shall also specify the nature and scope of such extraordinary circumstance.
The contact details of the national enforcement body or other body designated under Article 16 shall also be given to the passenger in written form."

Or. en

(32004R0261)

Amendment 33

Proposal for a regulation

Article 1 – paragraph 1 – point 2 h (new)

Regulation (EC) No 261/2004

Article 14 – paragraph 3 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(2h) In Article 14, the following new paragraph 3a is added:
3a. 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.

Or. en

Amendment 34

Proposal for a regulation

Article 1 – paragraph 1 – point 3

Regulation (EC) No 261/2004

Article 14a – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Transfer of informationObligation and transfer of information by the intermediary

Or. en

Amendment 35

Proposal for a regulation

Article 1 – paragraph 1 – point 3

Regulation (EC) No 261/2004

Article 14a – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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, and the correspondence with passengers under this Regulation shall be provided by electronic means, where technically possible. Where information is provided by such means, air carriers and intermediaries shall ensure that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. The burden of proof concerning the questions as to whether and when they have provided the necessary information to passengers shall rest with air carriers and intermediaries. All means of communication shall enable the passenger to contact air carriers and intermediaries quickly, free of charge and to communicate effectively.

Or. en

Amendment 36

Proposal for a regulation

Article 1 – paragraph 1 – point 3

Regulation (EC) No 261/2004

Article 14a – paragraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1a. When offering a ticket, intermediaries shall inform passengers about the full cost of the ticket and all other costs such as the intermediation, administrative, service or cancellation fees. Optional price supplements shall be clearly visible next to ticket price and at every step of the booking process.

Or. en

Amendment 37

Proposal for a regulation

Article 1 – paragraph 1 – point 3

Regulation (EC) No 261/2004

Article 14a – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 information obligation under Article 14 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 not for marketing purpose.

Or. en

Amendment 38

Proposal for a regulation

Article 1 – paragraph 1 – point 3

Regulation (EC) No 261/2004

Article 14a – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 intermediary and 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 provision of care, re-routing, reimbursement, compensation and complaint handling. The intermediary and the carrier shall retain the contact details to the extent strictly necessary to fulfil these obligations within the procedures laid down in the respective Member States’ or Union law.

Or. en

Amendment 39

Proposal for a regulation

Article 1 – paragraph 1 – point 3

Regulation (EC) No 261/2004

Article 14a – paragraph 4 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4a. Intermediaries shall provide accessible, effective telephone assistance for all passengers once a flight has been booked and provide help and assistance on electronic tickets and electronic and printed versions of a boarding card. This service shall provide information and may provide alternative proposals in the event of disruption and shall under no circumstances exceed the cost of a local call.
Intermediaries shall provide the passengers with clearly legible and transparent information about passenger rights and shall clearly inform passengers of the information to be provided when process of requesting compensation or reimbursement under, respectively, Article 7 and Articles 8, 8a, 9 and 10 of this Regulation.
The contact details of the national enforcement body or other body designated under Article 16a shall also be given to the passenger in written form.

Or. en

Amendment 40

Proposal for a regulation

Article 1 – paragraph 1 – point 4

Regulation (EC) No 261/2004

Article 15a – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance and on their compliance with all their obligations under this Regulation on their website by [2 years after the Regulation becomes applicable], and every two years thereafter, to be available at the same place as the general information on air passenger rights. This report shall not contain personal data.

Or. en

Amendment 41

Proposal for a regulation

Article 1 – paragraph 1 – point 4

Regulation (EC) No 261/2004

Article 15a – paragraph 3 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3a. Intermediaries located in a Member State shall establish service quality standards based at least 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 national public authorities on request.;

Or. en

Amendment 42

Proposal for a regulation

Article 1 – paragraph 1 – point 4 a (new)

Regulation (EC) No 261/2004

Article 16

Amendment: Present text and Amendment
Present textAmendment
(4a) Article 16 is replaced by the following:
Article 16"Article 16
InfringementsDesignation of national enforcement bodies
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 paragra1. Each Member State shall designate a body or bodies 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. Each body shall take the measures necessary to ensure that the rights of passengers are respected.
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. Each body shall be independent in its organisation, funding decisions, legal structure and decision-making of any air carrier, airport managing body and intermediary.
3. The sanctions laid down by Member States for infringements of this Regulation shall be effective, proportionate and dissuasive.3. Member States shall inform the Commission of the body or bodies designated in accordance with this Article and of its or their respective responsibilities. The Commission and the bodies designated shall publish that information on their websites."

Or. en

(32004R0261)

Amendment 43

Proposal for a regulation

Article 1 – paragraph 1 – point 4 b (new)

Regulation (EC) No 261/2004

Article 16 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(4b) the following Article 16a is inserted:
Article 16a
Enforcement tasks
1. The National Enforcement Body shall closely monitor compliance with this Regulation and shall take the measures necessary to ensure that the rights of passengers are upheld. For this purpose, air carriers, airport managing bodies and intermedies shall provide national enforcement body with relevant documents and information at their request within one month of its request. In carrying out their functions, the national enforcement bodies shall take account of the information submitted to them by the other body designated to handle complaints as defined in Article 16 paragraph 1.
2. Monitoring activities may be performed jointly by national enforcement bodies in the event of air services between two or several EU Member States.
3. Member States shall ensure that their respective National Enforcement Bodies are given sufficient power to penalise effectively with infringements. National Enforcement Bodies shall be able to take enforcement actions based on individual complaints as defined in Article 16b.
4. Air carriers shall provide the National Enforcement Body with comprehensive information regarding extraordinary circumstances and the occurrence of technical issues, including the specific reasons for such circumstances. This information shall be provided within 48 hours following travel disruption. In the event that the air carrier invokes extraordinary circumstances as a justification for refusing compensation under this Regulation, the carrier shall substantiate its claim by providing adequate evidence. Furthermore, the carrier shall demonstrate that all reasonable measures were taken to prevent the cancellation or delay of the flight in question.
5. The National Enforcement Body shall disseminate such information to the bodies designated for alternative dispute resolution pursuant to this Regulation.
6. 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 Aviation Safety Agency.
7. On the basis of data which air carriers, airport managing bodies, intermediaries are required to provide on service quality standards as defined in Article 15a, the National enforcement body shall publish statistics concerning the number and nature of complaints, the number of cancellations, denied boardings and delays and their duration and data on lost, delayed or damaged baggage.
8. Air carriers shall give their contact details to the national enforcement body or bodies of the Member States in which they operate.

Or. en

Amendment 44

Proposal for a regulation

Article 1 – paragraph 1 – point 4 c (new)

Regulation (EC) No 261/2004

Article 16 b (new)

Amendment: Present text and Amendment
Present textAmendment
(4c) the following new Article 16b is inserted :
"Article 16b
Complaint handling by national enforcement bodies and other bodies
1. Without prejudice to the rights of consumers to seek alternative redress pursuant to Directive 2013/11/EU of the European Parliament and of the Council , after having complained unsuccessfully to the air carrier or intermediary pursuant to Article 13a, the passenger may complain to the national enforcement body or any other body designated under paragraph 2 of this Article within three months from receiving information on the rejection of the original complaint by the air carrier. Where no reply is received within three months from making the original complaint, the passenger shall have the right to complain to the national enforcement body or any other body designated under paragraph 2. Where necessary, that body shall inform the complainant about his or her right to complain to alternative dispute resolution bodies to seek individual redress.
2. Any passenger may complain about an alleged infringement of this Regulation at any airport situated on the territory of a Member State or concerning any flight from any airport situated on the territory of a Member State or of a third country to such airports, either to the national enforcement body, or to any other body designated by a Member State for that purpose.
3. The national enforcement body or any other body designated under paragraph 2 shall acknowledge receipt of the complaint within two weeks of receiving it. The complaint-handling procedure shall take a maximum of three months from the date of the establishment of the complaint file. The complaint-handling procedure shall be made accessible to persons with disabilities and to persons with reduced mobility.
4. Where a complaint relates to alleged infringements by airport managing body, the complaint shall be handled by the national enforcement body or any other body designated under paragraph 2 of the Member State on whose territory the incident occurred.
5. National Enforcement bodies or any other body designated under paragraph 2 shall be able to deal with individual passenger complaints and be granted, at least, with the minimum investigative and enforcement powers defined in article 9 of the Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004.
6. National Enforcement Bodies’ or any other body designated under paragraph 2 decisions shall be binding on both parties and enforceable, without prejudice to the right of parties to access the judicial system."

Or. en

(32004R0261)

Amendment 45

Proposal for a regulation

Article 1 – paragraph 1 – point 4 d (new)

Regulation (EC) No 261/2004

Article 16 c (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(4d) the following Article 16 c is inserted:
Article 16c
Exchange of information and cross-border cooperation between national enforcement bodies
1. Where different bodies are designated under Articles 16 and 16b, reporting mechanisms shall be set up to ensure the exchange of information between them, in accordance with Regulation (EU) 2016/679, in order to help the national enforcement body to carry out its tasks of supervision and enforcement, and so that the complaint-handling body designated under Article 16b can collect the information necessary to examine individual complaints.
2. National enforcement bodies shall exchange information on their work and decision-making principles and practices for the purpose of coordination. The Commission shall support them in that task.

Or. en

Amendment 46

Proposal for a regulation

Article 1 – paragraph 1 – point 5

Regulation (EC) No 261/2004

Article 16aa – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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, Articles 8, 8a, 9, 10 and 11 .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 .
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).

Or. en

Amendment 47

Proposal for a regulation

Article 1 – paragraph 1 – point 5

Regulation (EC) No 261/2004

Article 16aa – paragraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1a. Air carriers and intermediaries shall automatically send to passengers the common form for reimbursement and compensation requests as defined in Article 1, in the event of denied boarding or if a flight is cancelled or delayed for at least two hours at departure, or of more than 3 hours at arrival at final destination

Or. en

Amendment 48

Proposal for a regulation

Article 1 – paragraph 1 – point 5

Regulation (EC) No 261/2004

Article 16aa – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 for compensation or reimbursement using the common form referred to in paragraph 1 or by other means. Operating air carriers and intermediaries shall not reject a request solely on the grounds that the passenger has not used the common form referred to in paragraph 1. Passengers shall have the right to submit their request in at least the language of the booking. If a request is not sufficiently precise, the carrier shall ask the passenger to clarify or complete the request and shall duly motivate the additional information and assist the passenger in doing so.

Or. en

Amendment 49

Proposal for a regulation

Article 1 – paragraph 1 – point 5

Regulation (EC) No 261/2004

Article 16aa – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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. Without prejudice to paragraph 1a, 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.

Or. en

Amendment 50

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 261/2004

Article 16ba – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Risk-based approach to the monitoring of compliance with passenger rightsTasks of national enforcement bodies related to monitoring of compliance with passenger rights

Or. en

Amendment 51

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 261/2004

Article 16ba – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 carried out by means of audits, inspections, interviews, verifications, examination of documents and discussions as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified.

Or. en

Amendment 52

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 261/2004

Article 16ba – paragraph 5

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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, airport managing bodies and intermediaries to submit an action plan to remedy non-compliance, as appropriate.

Or. en

Amendment 53

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 261/2004

Article 16ba – paragraph 5 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5a. If action plans are deemed insufficient, or if non-compliance necessitates an immediate action, National Enforcement Bodies may take enforcement actions as defined in Article 16a.

Or. en

Amendment 54

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 261/2004

Article 16bb

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 16bbdeleted
Sharing of information with national enforcement bodies
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.
2. In complex cases, the national enforcement body may extend this period to a maximum of three months from the receipt of the request.
3. In carrying out their functions, the national enforcement bodies shall take account of the information submitted to them by the body designated to handle complaints, if this is a different body.

Or. en

Justification

This Article is incorporated in the new Article on Enforcement Task mirroring the Regulation on railway

Amendment 55

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 261/2004

Article 16bc –paragraph 1a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1a. The participation of air carriers and intermediaries under the scope of this Regulation in alternative dispute resolution procedures shall be mandatory and their decisions binding, without prejudice to the right of parties to access the judicial system, [in accordance with the Directive (EU) 2024/… on alternative dispute resolution for consumer disputes

Or. en

Amendment 56

Proposal for a regulation

Article 1 – paragraph 1 – point 6 a (new)

Regulation (EC) No 261/2004

Article 16bc a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(6a) The following Article 16bca is inserted:
Article 16bca
Inspections of national enforcement bodies
1. The Commission may conduct inspections of national enforcement bodies in order to monitor the application by Member States of the Regulation and to make recommendations to improve its enforcement.
2. The Commission shall in good time before an inspection inform the Member State concerned thereof.
3. Each Commission inspection report shall be communicated to the national enforcement authority of the Member State concerned, which shall, in its answer, set out the measures taken to remedy the non-compliances identified and address the recommendations.
4. The report, together with the answer of the national enforcement body, shall subsequently be communicated to the national enforcement bodies of the other Member States, where appropriate.

Or. en

Amendment 57

Proposal for a regulation

Article 1 – paragraph 1 – point 6 b (new)

Regulation (EC) No 261/2004

Article 16bc b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(6b) The following Article 16bcb is inserted:
Article 16bcb
Oversight of intermediaries established in third countries.
The Commission shall perform the oversight of intermediaries established in third countries in order to verify their compliance with this regulation.

Or. en

Amendment 58

Proposal for a regulation

Article 1 – paragraph 1 – point 6 c (new)

Regulation (EC) No 261/2004

Article 16bc c (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(6c) The following Article 16bcc is inserted:
Article 16bcc
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.
2. In the framework of cooperation referred to in Article 16c the national enforcement body which is competent for the purposes of Article 16 bis (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.

Or. en

Amendment 59

Proposal for a regulation

Article 1 – paragraph 1 – point 6 d (new)

Regulation (EC) No 261/2004

Article 17

Amendment: Present text and Amendment
Present textAmendment
(6d) Article 17 is replaced by the following:
Article 17"Article 17
ReportReport
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: — the incidence of denied boarding and of cancellation of flights, — 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, — the possible revision of the amounts of compensation referred to in Article 7(1). The report shall be accompanied where necessary by legislative proposals.Every five years the Commission shall make a report on the implementation of this Regulation to the European Parliament and the Council based in particular on reports from the national enforcement bodies and results from its inspections. The report shall, where necessary, be accompanied by appropriate legislative proposals."

Or. en

(32004R0261)

Amendment 60

Proposal for a regulation

Article 1 – point 7 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(7a) Annex Ia to this Regulation is added as Annex IIa.

Or. en

Amendment 61

Proposal for a regulation

Article 2 – paragraph 1 – point -1 (new)

Regulation (EC) No 1107/2006

Article 2 – paragraph 1 – point l a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(-1) In Article 2 the following definition is added:
(l a) ‘service quality standards’ means key performance indicators measuring how passenger rights are implemented.”

Or. en

Amendment 62

Proposal for a regulation

Article 2 – paragraph 1 – point -1 a (new)

Regulation (EC) No 1107/2006

Article 2 – paragraph 1 – point l b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(-1 a) in Article 2, the following definition is added:
‘(l b) “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

Or. en

Amendment 63

Proposal for a regulation

Article 2 – paragraph 1 – point 2

Regulation (EC) No 1107/2006

Article 10a – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Service quality standards for air carriersService quality standards

Or. en

Amendment 64

Proposal for a regulation

Article 2 – paragraph 1 – point 2

Regulation (EC) No 1107/2006

Article 10a – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance and on their compliance with all their obligations under this Regulation on their website by [2 years after the Regulation becomes applicable], and every two years thereafter, to be available at the same place as the general information on air passenger rights. This report shall not contain personal data.

Or. en

Amendment 65

Proposal for a regulation

Article 2 – paragraph 1 – point 2

Regulation (EC) No 1107/2006

Article 10a – paragraph 2 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2a. Airport managing bodies located in a Member State shall establish service quality standards based at least 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;

Or. en

Amendment 66

Proposal for a regulation

Article 2 – paragraph 1 – point 2 a (new)

Regulation (EC) No 1107/2006

Article 12

Amendment: Present text and Amendment
Present textAmendment
(2a) Article 12 is replaced by the following:
Article 12"Article 12
Compensation for lost or damaged wheelchairs, other mobility equipment and assistive devicesCompensation in respect of mobility equipment, assistive devices and recognised assistance dogs’
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 law1. 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, recognized 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; and
(c )reasonable costs of temporary replacement for mobility equipment, assistive devices or recognized assistance dogs where such replacement is not provided by the air carriers or airport managing body in accordance with paragraph 2.
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."

Or. en

(32006R1107)

Amendment 67

Proposal for a regulation

Article 2 – paragraph 1 – point 2 b (new)

Regulation (EC) No 1107/2006

Article 14 – title

Amendment: Present text and Amendment
Present textAmendment
(2b) In Article 14, the title is replaced by the following
Enforcement body and its tasksDesignation of national enforcement bodies"

Or. en

(32006R1107)

Amendment 68

Proposal for a regulation

Article 2 – paragraph 1 – point 2 b (new)

Regulation (EC) No 1107/2006

Article 14 – paragraph 1

Amendment: Present text and Amendment
Present textAmendment
(2 b) In Article 14, paragraph 1 is replaced by the following:
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 from airports situated on its territory and flights from a third country to such airports. Each body 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). Each body shall be independent in its organisation, funding decisions, legal structure and decision-making of any air carrier, airport managing body and intermediary. Member States shall inform the Commission of the body or bodies designated in accordance with this Article and of its or their respective responsibilities. The Commission and the bodies designated shall publish that information on their websites."

Or. en

(32006R1107)

Amendment 69

Proposal for a regulation

Article 2 – paragraph 1 – point 2 c (new)

Regulation (EC) No 1107/2006

Article 14 -a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(2c) the following Article 14 -a is inserted:
Article 14-a
Enforcement tasks
1. The National Enforcement Body shall closely monitor compliance with this Regulation and shall take the measures necessary to ensure that the rights of disabled persons and persons with reduced mobility are upheld.
2. For this purpose, air carriers and airport managing bodies shall provide national enforcement body with relevant documents and information at their request within one month of its request. In carrying out their functions, the national enforcement bodies shall take account of the information submitted to them by the other body designated to handle complaints as defined in Article 14 paragraph 1.
3. Member States shall ensure that their respective National Enforcement Bodies are given sufficient power to penalise effectively with infringements and shall be able to take enforcement actions based on individual complaints as defined in Article 15.
4. The National Enforcement Bodies shall perform a monitoring of compliance with passenger rights as laid down in Article 14a. Monitoring activities may be performed jointly by national enforcement bodies in the event of air services between two or several EU Member States.
The National Enforcement Body shall disseminate such information to the bodies designated for alternative dispute resolution pursuant to this Regulation.
5. 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.
6. Air carriers shall give their contact details to the national enforcement body or bodies of the Member States in which they operate.

Or. en

Amendment 70

Proposal for a regulation

Article 2 – paragraph 1 – point 3

Regulation (EC) No 1107/2006

Article 14a – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Risk-based approach to the monitoring of compliance with passenger rightsTasks of national enforcement bodies related to monitoring of compliance with passenger rights

Or. en

Amendment 71

Proposal for a regulation

Article 2 – paragraph 1 – point 3

Regulation (EC) No 1107/2006

Article 14a – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 carried out by means of audits, inspections, interviews, verifications, examination of documents and discussions as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified.

Or. en

Amendment 72

Proposal for a regulation

Article 2 – paragraph 1 – point 3

Regulation (EC) No 1107/2006

Article 14a – paragraph 5 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5a. If action plans are deemed insufficient, or if non-compliance necessitates an immediate action, National Enforcement Bodies may take enforcement actions as defined in Article 14a.

Or. en

Amendment 73

Proposal for a regulation

Article 2 – paragraph 1 – point 3

Regulation (EC) No 1107/2006

Article 14b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 14bdeleted
Sharing of information with national enforcement bodies.
1. Air carriers, airport managing bodies 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.
2. In complex cases, the national enforcement body may extend this period to a maximum of three months from the receipt of the request.
3. In carrying out its functions, the body designated in accordance with Article 14(1) shall take account of the information submitted to it by the body designated to handle complaints, if this is a different body.

Or. en

Justification

This Article is already covered in the new Article 14a on Enforcement tasks

Amendment 74

Proposal for a regulation

Article 2 – paragraph 1 – point 3

Regulation (EC) No 1107/2006

Article 14c – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Information about alternative dispute resolution by national enforcement bodiesInformation about alternative dispute resolution other redress mechanisms by national enforcement bodies

Or. en

Amendment 75

Proposal for a regulation

Article 2 – paragraph 1 – point 3

Regulation (EC) No 1107/2006

Article 14c – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The national enforcement body to which the passenger complains, or any other body designated by a Member State for that purpose under Article 15(2), shall inform the complainant about his or her right to approach to alternative dispute resolution bodies to seek individual redress.The national enforcement body to which the passenger complains, or any other body designated by a Member State for that purpose under Article 15(2), shall inform the complainant about his or her right to approach to alternative dispute resolution bodies or other relevant redress mechanisms, including Equality Bodies to seek individual redress.

Or. en

Amendment 76

Proposal for a regulation

Article 2 – paragraph 1 – point 3

Regulation (EC) No 1107/2006

Article 14d – paragraph 2 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2a. The Commission shall support dialogue and promote cooperation between Member States concerning national interpretation and application of this Regulation through the Committee referred to in Article 16a.

Or. en

Amendment 77

Proposal for a regulation

Article 2 – paragraph 1 – point 3

Regulation (EC) No 1107/2006

Article 14d – paragraph 2 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2b. 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.
Member States shall provide annually a report on their activities to the Commission, at the latest at the end of April of the following calendar year. The Commission may decide on the issues to be addressed in these reports via implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 16c.

Or. en

Amendment 78

Proposal for a regulation

Article 2 – paragraph 1 – point 3 a (new)

Regulation (EC) No 1107/2006

Article 14d a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(3a) The following arArticle 14d a is inserted :
Article 14da
Inspections of national enforcement bodies
1. The Commission may conduct inspections of national enforcement bodies in order to monitor the application by Member States of the Regulation and to make recommendations to improve its enforcement.
2. The Commission shall in good time before an inspection inform the Member State concerned thereof.
3. Each Commission inspection report shall be communicated to the national enforcement authority of the Member State concerned, which shall, in its answer, set out the measures taken to remedy the non-compliances identified and address the recommendations.
4. The report, together with the answer of the national enforcement body, shall subsequently be communicated to the national enforcement bodies of the other Member States, where appropriate.

Or. en

Amendment 79

Proposal for a regulation

Article 2 – paragraph 1 – point 3 b (new)

Regulation (EC) No 1107/2006

Article 15

Amendment: Present text and Amendment
Present textAmendment
(3b) Article 15 is replaced by the following:
Article 15"Article 15
Complaint procedureComplaint
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. Each air carriers and airport managing body shall set up a complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility. They shall make their contact details and working language, or languages, widely known to passengers
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. Disabled persons and persons with reduced mobility may submit a complaint to any air carriers or airport managing body regarding their respective fields of responsibility via the mechanisms referred to in paragraph 1. Such a complaint shall be submitted within three months from the date on which the flight was performed or was scheduled to be performed.
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. Within seven working days of receiving the complaint, the adressee shall confirm the receipt of the complaint to the passenger. Within two months of receiving the complaint, the adressee shall provide a reasoned answer to the passenger. Where the adressee does not provide that full answer within that two-month period, it shall be deemed to have accepted the passenger’s claims. With the reasoned answer, the adressee shall also communicate to the passenger concerned the relevant contact details of the National enforcement body or other body as defined in Article 14 paragraph 1, including its postal address, phone number, email address and website address.
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. Details of the complaint-handling procedure shall be accessible to the public, including to persons with disabilities and to persons with reduced mobility. This information shall be available upon request at least in the official language or languages of the booking reservation.
5. The air carriers shall publish in the report referred to in Article 10a (service quality standards) the number and categories of received complaints and of processed complaints, the response time and the possible improvement actions undertaken."

Or. en

(32006R1107)

Amendment 80

Proposal for a regulation

Article 2 – paragraph 1 – point 3 c (new)

Regulation (EC) No 1107/2006

Article 15 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(3c) The following Article 15a, is inserted :
"Article 15a
Complaint handling by national enforcement bodies and other bodies
1. Without prejudice to the rights of consumers to seek alternative redress pursuant to Directive 2013/11/EU of the European Parliament and of the Council , after having complained unsuccessfully to the air carrier or airport managing body pursuant to Article 15, the disabled persons and persons with reduced mobility may complain to the national enforcement body or any other body designated under paragraph 2 of this Article within three months from receiving information on the rejection of the original complaint by the air carrier. Where no reply is received within three months from making the original complaint, the passenger shall have the right to complain to the national enforcement body or any other body designated under paragraph 2. Where necessary, that body shall inform the complainant about his or her right to complain to alternative dispute resolution bodies to seek individual redress.
2. Disabled persons and persons with reduced mobility may complain about an alleged infringement of this Regulation at any airport situated on the territory of a Member State or concerning any flight from any airport situated on the territory of a Member State or of a third country to such airports, either to the national enforcement body, or to any other body designated by a Member State for that purpose.
3. The national enforcement body or any other body designated under paragraph 2 shall acknowledge receipt of the complaint within two weeks of receiving it. The complaint-handling procedure shall take a maximum of three months from the date of the establishment of the complaint file. The complaint-handling procedure shall be made accessible to persons with disabilities and to persons with reduced mobility
4. Where a complaint relates to alleged infringements by airport managing body, the complaint shall be handled by the national enforcement body or any other body designated under paragraph 2 of the Member State on whose territory the incident occurred.
5. National Enforcement bodies or any other body designated under paragraph 2 shall be able to deal with individual disabled persons and persons with reduced mobility complaints and be granted, at least, with the minimum investigative and enforcement powers defined in article 9 of the Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004.
6. National Enforcement Bodies’ or any other body designated under paragraph 2 decisions shall be binding on both parties and enforceable, without prejudice to the right of parties to access the judicial system."

Or. en

(32006R1107)

Amendment 81

Proposal for a regulation

Article 2 – paragraph 1 – point 3 d (new)

Regulation (EC) No 1107/2006

Article 15 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(3d) the following Article 15b is inserted:
Article 15b
Exchange of information and cross-border cooperation between national enforcement bodies
1. Where different bodies are designated under Articles 14 and 15a, reporting mechanisms shall be set up to ensure the exchange of information between them, in accordance with Regulation (EU) 2016/679, in order to help the national enforcement body to carry out its tasks of supervision and enforcement, and so that the complaint-handling body designated under Article 15a can collect the information necessary to examine individual complaints.
2. National enforcement bodies shall exchange information on their work and decision-making principles and practices for the purpose of coordination. The Commission shall support them in that task

Or. en

Amendment 82

Proposal for a regulation

Article 2 – paragraph 1 – point 3 e (new)

Regulation 1107/2006

Article 16

Amendment: Present text and Amendment
Present textAmendment
(3e) Article 16 is replaced by the following:
Article 16"Article 16
PenaltiesPenalties
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 them1. 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.
2. In the framework of cooperation referred to in Article 15ter the national enforcement body which is competent for the purposes of Article 15bis (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."

Or. en

(32006R1107)

Amendment 83

Proposal for a regulation

Article 2 – paragraph 1 – point 4 a (new)

Regulation (EC) No 1107/2006

Article 17

Amendment: Present text and Amendment
Present textAmendment
(4a) Article 17 is replaced by the following:
Article 17"Article 17
ReportReport
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.Every five years the Commission shall make a report on the implementation of this Regulation to the European Parliament and the Council based in particular on reports from the national enforcement bodies and results from its inspections. The report shall, where necessary, be accompanied by appropriate legislative proposals."

Or. en

(32006R1107)

Amendment 84

Proposal for a regulation

Article 3 – paragraph 1 – point -1 (new)

Regulation (EC) No 1177/2010

Article 3 – paragraph 1 – point u a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(-1) In Article 3, the following definition is added:
(ua) ‘service quality standards’ means key performance indicators measuring how passenger rights are implemented.”

Or. en

Amendment 85

Proposal for a regulation

Article 3 – paragraph 1 – point -1 a (new)

Regulation (EU) No 1177/2010

Article 3 – paragraph 1 – point u b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(-1a) In Article 3, the following definition is added:
(ub) “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.

Or. en

Amendment 86

Proposal for a regulation

Article 3 – paragraph 1 – point 1 – point b

Regulation (EU) No 1177/2010

Article 16 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 also 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.;

Or. en

Amendment 87

Proposal for a regulation

Article 3 – paragraph 1 – point 2

Regulation (EU) No 1177/2010

Article 19a – paragraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1a. Carriers shall automatically send to passengers the common form for reimbursement and compensation requests as defined in Article 1 in the case of a cancellation or a delay in departure of a passenger service or a cruise as defined in Articles 18 and 19

Or. en

Amendment 88

Proposal for a regulation

Article 3 – paragraph 1 – point 2

Regulation (EU) No 1177/2010

Article 19a – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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. Passengers shall have the right to submit their requests for compensation or reimbursement using the common form referred to in paragraph 1 or by other means. Carriers shall not reject a request solely on the grounds that the passenger has not used the common form referred to in paragraph 1. Passengers shall have the right to submit their request in at least the language of the booking. If a request is not sufficiently precise, the carrier shall ask the passenger to clarify or complete the request and shall duly motivate the additional information and assist the passenger in doing so.

Or. en

Amendment 89

Proposal for a regulation

Article 3 – paragraph 1 – point 2

Regulation (EU) No 1177/2010

Article 19a – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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. Without prejudice to paragraph 1a, carriers shall provide details on their website such as an e-mail address, to which requests under paragraph 1 may be sent by electronic means.

Or. en

Amendment 90

Proposal for a regulation

Article 3 – paragraph 1 – point 4

Regulation (EU) No 1177/2010

Article 23a – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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, and the correspondence, referred to in Articles 16, 22 and 23 shall be provided by electronic means, where technically possible.

Or. en

Amendment 91

Proposal for a regulation

Article 3 – paragraph 1 – point 4

Regulation (EU) No 1177/2010

Article 23a – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Where information is provided by electronic means of communication, carriers, terminal operators, port authorities, travel agents, tour operators and ticket vendors 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 operators, port authorities, travel agents, tour operators and ticket vendors shall ensure that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. The burden of proof concerning the questions as to whether and when they have provided the necessary information to passengers shall rest with carriers, terminal operators, port authorities, travel agents and ticket vendor. All means of communication shall enable the passenger to contact them quickly, free of charge and communicate efficiently.;

Or. en

Amendment 92

Proposal for a regulation

Article 3 – paragraph 1 – point 4 a (new)

Regulation (EU) No 1177/2010

Article 24

Amendment: Present text and Amendment
Present textAmendment
(4a) Article 24 is replaced by the following:
Article 24"Article 24
ComplaintsComplaints
1. Carriers and terminal operators shall set up or have in place an accessible complaint-handling mechanism for rights and obligations covered by this Regulation.1. Each carriers and terminal operator shall set up an accessible complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility.
2. Where a passenger covered by this Regulation wants to make a complaint to the carrier or terminal operator, he shall submit it within 2 months from the date on which the service was performed or when a service should have been performed. Within 1 month of receiving the complaint, the carrier or terminal operator shall give notice to the passenger that his 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.They shall make their contact details and working language, or languages, widely known to passengers
2. Passengers may submit a complaint to any carriers or teminal operators regarding their respective fields of responsibility via the mechanisms referred to in paragraph 1. Such a complaint shall be submitted within 2 months from the date on which the service was performed or when a service should have been performed . Within 7 working days of receiving the complaint, the adressee shall confirm the receipt of the complaint to the passenger. Within two month of receiving the complaint, the adressee shall provide a reasoned answer to the passenger. Where the adressee does not provide that full answer within that two-month period, it shall be deemed to have accepted the passenger’s claims. With the reasoned answer, the adressee shall also communicate to the passenger concerned the relevant contact details of the National enforcement body or other body as defined in Article 25 paragraph 1 , including its postal address, phone number, email address and website address.
3. Details of the complaint-handling procedure shall be accessible to the public, including to persons with disabilities and to persons with reduced mobility. This information shall be available upon request at least in the official language or languages of the booking reservation.
4. The carriers shall publish in the report referred to in Article 24a (service quality standards) the number and categories of received complaints and of processed complaints, the response time and the possible improvement actions undertaken."

Or. en

(32010R1177)

Amendment 93

Proposal for a regulation

Article 3 – paragraph 1 – point 5

Regulation (EC) No 1177/2010

Article 24a – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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, to be available at the same place as the general information on passenger rights for passengers when travelling by sea and inland waterways. This report shall not contain personal data.

Or. en

Amendment 94

Proposal for a regulation

Article 3 – paragraph 1 – point 5 a (new)

Regulation (EU) No 1177/2010

Article 25

Amendment: Present text and Amendment
Present textAmendment
(5a) Article 25 is replaced by the following;
Article 25"Article 25
National enforcement bodiesDesignation of national enforcement bodies
1. Each Member State shall designate a new or existing body or bodies responsible for the enforcement of this Regulation as regards passenger services and cruises from ports situated on its territory and passenger services from a third country to such ports. Each body shall take the measures necessary to ensure compliance with this Regulation. Each body shall, in its organisation, funding decisions, legal structure and decision-making, be independent of commercial interests.1. Each Member State shall designate a National Enforcement Body or bodies responsible for the enforcement of this Regulation as regards passenger services and cruises from ports situated on its territory and passenger services from a third country to such ports . Each body shall take the measures necessary to ensure that the rights of passengers are respected. Each body shall be independent in its organisation, funding decisions, legal structure and decision-making of any carrier or terminal operator or any other commercial interests
2. Member States shall inform the Commission of the body or bodies designated in accordance with this Article.2. Member States shall inform the Commission of the body or bodies designated in accordance with this Article and of its or their respective responsibilities. The Commission and the bodies designated shall publish that information on their websites."
3. Any passenger may submit a complaint, in accordance with national law, to the competent body designated under paragraph 1, or to any other competent body designated by a Member State, about an alleged infringement of this Regulation. The competent body shall provide passengers with a substantiated reply to their complaint within a reasonable period of time.
A Member State may decide:
(a) that the passenger as a first step shall submit the complaint covered by this Regulation to the carrier or terminal operator; and/or
(b) that the national enforcement body or any other competent body designated by the Member State shall act as an appeal body for complaints not resolved under Article 24.
4. Member States that have chosen to exempt certain services pursuant to Article 2(4) shall ensure that a comparable mechanism of enforcement of passenger rights is in place.

Or. en

(32010R1177)

Amendment 95

Proposal for a regulation

Article 3 – paragraph 1 – point 6

Regulation (EU) No 1177/2010

Article 25a – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Risk-based approach to the monitoring of compliance with passenger rightsTasks of national enforcement bodies related to the monitoring of compliance with passenger rights

Or. en

Amendment 96

Proposal for a regulation

Article 3 – paragraph 1 – point 6

Regulation (EU) No 1177/2010

Article 25a – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 carried out by means of audits, inspections, interviews, verifications and examination of documents and discussions as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified.

Or. en

Amendment 97

Proposal for a regulation

Article 3 – paragraph 1 – point 6

Regulation (EU) No 1177/2010

Article 25a – paragraph 5 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5a. If action plans are deemed insufficient, or if non-compliance necessitates an immediate action, National Enforcement Bodies may take enforcement actions as defined in Article 26.

Or. en

Amendment 98

Proposal for a regulation

Article 3 – paragraph 1 – point 6

Regulation (EU) No 1177/2010

Article 25b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 25bdeleted
Sharing of information with national enforcement bodies
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.
2. In complex cases, the national enforcement body may extend this period to a maximum of three months from the receipt of the request.
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.

Or. en

Justification

Provisions already covered in other parts of the Regulation

Amendment 99

Proposal for a regulation

Article 3 – paragraph 1 – point 6 a (new)

Regulation (EU) No 1177/2010

Article 25 d (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(6a) the following Article 25d is inserted:
Article 25d
Inspections of national enforcement bodies
1. The Commission may conduct inspections of national enforcement bodies in order to monitor the application by Member States of the Regulation and to make recommendations to improve its enforcement.
2. The Commission shall in good time before an inspection inform the Member State concerned thereof.
3. Each Commission inspection report shall be communicated to the national enforcement authority of the Member State concerned, which shall, in its answer, set out the measures taken to remedy the non-compliances identified and address the recommendations.
4. The report, together with the answer of the national enforcement body, shall subsequently be communicated to the national enforcement bodies of the other Member States, where appropriate.

Or. en

Amendment 100

Proposal for a regulation

Article 3 – paragraph 1 – point 6 b (new)

Regulation (EU) No 1177/2010

Article 26

Amendment: Present text and Amendment
Present textAmendment
(6b) Article 26 is replaced by the following:
Article 26"Article 26
Report on enforcementEnforcement tasks
By 1 June 2015 and every 2 years thereafter, the enforcement bodies designated pursuant to Article 25 shall publish a report on their activity in the previous two calendar years, containing in particular a description of actions taken in order to implement the provisions of this Regulation, details of sanctions applied and statistics on complaints and sanctions applied1. The National Enforcement Body shall closely monitor compliance with this Regulation and shall take the measures necessary to ensure that the rights of passengers are upheld. For this purpose, carriers and terminal operators shall provide national enforcement body with relevant documents and information at their request within one month of its request. In carrying out their functions, the national enforcement bodies shall take account of the information submitted to them by the other body designated to handle complaints as defined in Article 25 paragraph 1.
2. Monitoring activities may be performed jointly by national enforcement bodies in the event of air services between two or several EU Member States.
3. Member States shall ensure that their respective National Enforcement Bodies are given sufficient power to penalise effectively with infringements. National Enforcement Bodies shall be able to take enforcement actions based on individual complaints as defined in Article 26a.
4. The National Enforcement Bodies shall perform a monitoring of compliance with passenger rights as laid down in Article 14a.
5. 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 Maritime Safety Agency.
6. 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 body shall publish statistics concerning the number and nature of complaints, the number of cancellations, denied boardings and delays and their duration and data on lost, delayed or damaged baggage. Air carriers shall give their contact details to the national enforcement body or bodies of the Member States in which they operate."

Or. en

(32010R1177)

Amendment 101

Proposal for a regulation

Article 3 – paragraph 1 – point 6 c (new)

Regulation (EU) No 1177/2010

Article 26 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(6c) the following Article 26a is inserted :
"Article 26a
Complaint handling by national enforcement bodies and other bodies
1. Without prejudice to the rights of consumers to seek alternative redress pursuant to Directive 2013/11/EU of the European Parliament and of the Council , after having complained unsuccessfully to the carrier or terminal operator pursuant to Article 24, the passenger may complain to the national enforcement body or any other body designated under paragraph 1 of Article 25 within three months from receiving information on the rejection of the original complaint by the carrier or terminal operator. Where no reply is received within three months from making the original complaint, the passenger shall have the right to complain to the national enforcement body or any other body designated under paragraph 2. Where necessary, that body shall inform the complainant about his or her right to complain to alternative dispute resolution bodies to seek individual redress.
2. Any passenger may complain about an alleged infringement of this Regulation at any terminal operator on the territory of a Member State or concerning a passenger service or a cruise, either to the national enforcement body, or to any other body designated by a Member State for that purpose.
3. The national enforcement body or any other body designated under paragraph 2 shall acknowledge receipt of the complaint within two weeks of receiving it. The complaint-handling procedure shall take a maximum of three months from the date of the establishment of the complaint file. The complaint-handling procedure shall be made accessible to persons with disabilities and to persons with reduced mobility.
4. Where a complaint relates to alleged infringements by terminal operator, the complaint shall be handled by the national enforcement body or any other body designated under paragraph 2 of the Member State on whose territory the incident occurred.
5. National Enforcement bodies or any other body designated under paragraph 2 shall be able to deal with individual passenger complaints and be granted, at least, with the minimum investigative and enforcement powers defined in article 9 of the Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004.
6. National Enforcement Bodies’ or any other body designated under paragraph 2 decisions shall be binding on both parties and enforceable, without prejudice to the right of parties to access the judicial system."

Or. en

(32010R1177)

Amendment 102

Proposal for a regulation

Article 3 – paragraph 1 – point 6 d (new)

Regulation (EU) No 1177/2010

Article 27

Amendment: Present text and Amendment
Present textAmendment
(6d) Article 27 is replaced by the following:
Article 27"Article 27
Cooperation between enforcement bodiesExchange of information and cross-border cooperation between national enforcement bodies
National enforcement bodies referred to in Article 25(1) shall exchange information on their work and decision-making principles and practice to the extent necessary for the coherent application of this Regulation. The Commission shall support them in that task.1. Where different bodies are designated under Articles 25 and 26a, reporting mechanisms shall be set up to ensure the exchange of information between them, in accordance with Regulation (EU) 2016/679, in order to help the national enforcement body to carry out its tasks of supervision and enforcement, and so that the complaint-handling body designated under Article 26a can collect the information necessary to examine individual complaints.
2. National enforcement bodies shall exchange information on their work and decision-making principles and practices for the purpose of coordination. The Commission shall support them in that task."

Or. en

(32010R1177)

Amendment 103

Proposal for a regulation

Article 3 – paragraph 1 – point 7

Regulation (EU) No 1177/2010

Article 27a – paragraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1a. 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.

Or. en

Amendment 104

Proposal for a regulation

Article 3 – paragraph 1 – point 7

Regulation (EU) No 1177/2010

Article 27a – paragraph 2 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2a. The Commission shall support dialogue and promote cooperation between Member States concerning national interpretation and application of this Regulation through the Committee referred to in Article 28a.

Or. en

Amendment 105

Proposal for a regulation

Article 3 – paragraph 1 – point 7

Regulation (EU) No 1177/2010

Article 27a – paragraph 2 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2b. Member States shall provide annually a report on their activities to the Commission, at the latest at the end of April of the following calendar year. The Commission may decide on the issues to be addressed in these reports via implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 28a.

Or. en

Amendment 106

Proposal for a regulation

Article 3 – paragraph 1 – point 7 a (new)

Regulation (EU) No 1177/2010

Article 28

Amendment: Present text and Amendment
Present textAmendment
(7a) Article 28 is replaced by the following
Article 28"Article 28
PenaltiesPenalties
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 them1. 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.
2. In the framework of cooperation referred to in Article 27 the national enforcement body which is competent for the purposes of Article 26a (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."

Or. en

(32010R1177)

Amendment 107

Proposal for a regulation

Article 3 – paragraph 1 – point 8 a (new)

Regulation (EU) No 1177/2010

Article 29

Amendment: Present text and Amendment
Present textAmendment
(8a) Article 29 is replaced by the following:
Article 29"Article 29
ReportReport
The Commission shall report to the European Parliament and to the Council by 19 December 2015 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 amending itEvery five years the Commission shall make a report on the implementation of this Regulation to the European Parliament and the Council based in particular on reports from the national enforcement bodies and results from its inspections. The report shall, where necessary, be accompanied by appropriate legislative proposals."

Or. en

(32010R1177)

Amendment 108

Proposal for a regulation

Article 4 – paragraph 1 – point -1 (new)

Regulation (EU) No 181/2011

Article 3 – paragraph 1 – point q a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(-1) In Article 3, the following definition is added:
(qa) “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.’

Or. en

Amendment 109

Proposal for a regulation

Article 4 – paragraph 1 – point -1 a (new)

Regulation (EU) No 181/2011

Article 3 – point q b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(-1a) In Article 3, the following definition is added:
(qb) ‘service quality standards’ means key performance indicators measuring how passenger rights are implemented.”

Or. en

Amendment 110

Proposal for a regulation

Article 4 – paragraph 1 – point 1

Regulation (EU) No 181/2011

Article 19a – paragraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1a. Carriers shall automatically send to passengers the common form for reimbursement and compensation requests as defined in Article 1 in the case of a cancellation or a delay in departure as defined in Article 19.

Or. en

Amendment 111

Proposal for a regulation

Article 4 – paragraph 1 – point 1

Regulation (EU) No 181/2011

Article 19a – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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. Passengers shall have the right to submit their requests for compensation or reimbursement using the common form referred to in paragraph 1 or by other means. Carriers shall not reject a request solely on the grounds that the passenger has not used the common form referred to in paragraph 1. Passengers shall have the right to submit their request in at least the language of the booking. If a request is not sufficiently precise, the carrier shall ask the passenger to clarify or complete the request and shall duly motivate the additional information and assist the passenger in doing so.

Or. en

Amendment 112

Proposal for a regulation

Article 4 – paragraph 1 – point 1

Regulation (EU) No 181/2011

Article 19a – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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. Without prejudice to paragraph 1a, carriers shall provide details on their website such as an e-mail address, to which requests under paragraph 1 may be sent by electronic means.

Or. en

Amendment 113

Proposal for a regulation

Article 4 – paragraph 1 – point 2 – point b

Regulation (EU) No 181/2011

Article 20 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 also 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.;

Or. en

Amendment 114

Proposal for a regulation

Article 4 – paragraph 1 – point 4 – point a

Regulation (EU) No 181/2011

Article 24 – first sentence

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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, and the correspondence shall be provided by electronic means, where technically possible.

Or. en

Amendment 115

Proposal for a regulation

Article 4 – paragraph 1 – point 5

Regulation (EU) No 181/2011

Article 25 – paragraph 1 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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. At the request of a person with disabilities or person with reduced mobility the information shall be provided in an accessible format.’;

Or. en

Amendment 116

Proposal for a regulation

Article 4 – paragraph 1 – point 6

Regulation (EU) No 181/2011

Article 25a – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 and the correspondence, referred to in Article 20, Article 24 and Article 25(1) shall be provided by electronic means, where technically possible

Or. en

Amendment 117

Proposal for a regulation

Article 4 – paragraph 1 – point 6

Regulation (EU) No 181/2011

Article 25a – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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. The burden of proof concerning the questions as to whether and when they have provided the necessary information to passengers shall rest with carriers, terminal managing bodies, ticket vendor and travel agents. All means of communication shall enable the passenger to contact them quickly, free of charge and communicate efficiently.;

Or. en

Amendment 118

Proposal for a regulation

Article 4 – paragraph 1 – point 6 a (new)

Regulation (EU) No 181/2011

Article 26

Amendment: Present text and Amendment
Present textAmendment
(6a) Article 26 is replaced by the following:
Article 26"Article 26
ComplaintsComplaints
Carriers shall set up or have in place a complaint handling mechanism for the rights and obligations set out in this Regulation1. Each carriers and terminal operator shall set up an accessible complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility. They shall make their contact details and working language, or languages, widely known to passengers
2. Passengers may submit a complaint to any carriers or teminal operators regarding their respective fields of responsibility via the mechanisms referred to in paragraph 1. Such a complaint shall be submitted within 2 months from the date on which the service was performed or when a service should have been performed . Within 7 seven working days of receiving the complaint, the adressee shall confirm the receipt of the complaint to the passenger. Within two month of receiving the complaint, the adressee shall provide a reasoned answer to the passenger. Where the adressee does not provide that full answer within that two-month period, it shall be deemed to have accepted the passenger’s claims. With the reasoned answer, the adressee shall also communicate to the passenger concerned the relevant contact details of the National enforcement body or other body as defined in Article 28 paragraph 1 , including its postal address, phone number, email address and website address.
3. Details of the complaint-handling procedure shall be accessible to the public, including to persons with disabilities and to persons with reduced mobility. This information shall be available upon request at least in the official language or languages of the booking reservation.
4. The carriers shall publish in the report referred to in Article 24a (service quality standards) the number and categories of received complaints and of processed complaints, the response time and the possible improvement actions undertaken. "

Or. en

(32011R0181)

Amendment 119

Proposal for a regulation

Article 4 – paragraph 1 – point 7

Regulation (EU) No 181/2011

Article 26a – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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, to be available at the same place as the general information on passenger rights for bus and coach passengers. This report shall not contain personal data.

Or. en

Amendment 120

Proposal for a regulation

Article 4 – paragraph 1 – point 7 a (new)

Regulation (EU) No 181/2011

Article 27

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(7a) Article 27 is deleted

Or. en

(32011R0181)

Amendment 121

Proposal for a regulation

Article 4 – paragraph 1 – point 7 b (new)

Regulation (EU) No 181/2011

Article 28

Amendment: Present text and Amendment
Present textAmendment
(7b) Article 28 is replaced by the following;
Article 28"Article 28
National enforcement bodiesDesignation of national enforcement bodies
1. Each Member State shall designate a new or existing body or bodies responsible for the enforcement of this Regulation as regards regular services from points situated on its territory and regular services from a third country to such points.1. Each Member State shall designate a National Enforcement Body or bodies responsible for the enforcement of this Regulation as regards regular services from points situated on its territory and regular services from a third country to such points passenger services .
Each body shall take the measures necessary to ensure compliance with this Regulation. Each body shall, in its organisation, funding decisions, legal structure and decision making, be independent of carriers, tour operators and terminal managing bodies.
2. Member States shall inform the Commission of the body or bodies designated in accordance with this Article2. Each body shall take the measures necessary to ensure that the rights of passengers are respected.
3. Any passenger may submit a complaint, in accordance with national law, to the appropriate body designated under paragraph 1, or to any other appropriate body designated by a Member State, about an alleged infringement of this Regulation.3. Each body shall be independent in its organisation, funding decisions, legal structure and decision-making of any carrier or terminal operator or any other commercial interests
A Member State may decide that the passenger as a first step shall submit a complaint to the carrier in which case the national enforcement body or any other appropriate body designated by the Member State shall act as an appeal body for complaints not resolved under Article 27.4. Member States shall inform the Commission of the body or bodies designated in accordance with this Article and of its or their respective responsibilities. The Commission and the bodies designated shall publish that information on their websites."

Or. en

(32011R0181)

Amendment 122

Proposal for a regulation

Article 4 – paragraph 1 – point 7 c (new)

Regulation (EU) No 181/2011

Article 28 -a (new)

Amendment: Present text and Amendment
Present textAmendment
(7c) The following Article 28-a is inserted :
"Article 28-a
Complaint handling by national enforcement bodies and other bodies
1. Without prejudice to the rights of consumers to seek alternative redress pursuant to Directive 2013/11/EU of the European Parliament and of the Council , after having complained unsuccessfully to the carrier or terminal operator pursuant to Article 26, the passenger may complain to the national enforcement body or any other body designated under paragraph 1 of Article 28 within three months from receiving information on the rejection of the original complaint by the carrier or terminal operator. Where no reply is received within three months from making the original complaint, the passenger shall have the right to complain to the national enforcement body or any other body designated under paragraph 2.
Where necessary, that body shall inform the complainant about his or her right to complain to alternative dispute resolution bodies to seek individual redress.
2. Any passenger may complain about an alleged infringement of this Regulation at any terminal operator on the territory of a Member State.
3. The national enforcement body or any other body designated under paragraph 2 shall acknowledge receipt of the complaint within two weeks of receiving it. The complaint-handling procedure shall take a maximum of three months from the date of the establishment of the complaint file. The complaint-handling procedure shall be made accessible to persons with disabilities and to persons with reduced mobility.
4. Where a complaint relates to alleged infringements by terminal operator, the complaint shall be handled by the national enforcement body or any other body designated under paragraph 2 of the Member State on whose territory the incident occurred
5. National Enforcement bodies or any other body designated under paragraph 2 shall be able to deal with individual passenger complaints and be granted, at least, with the minimum investigative and enforcement powers defined in article 9 of the Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004.
6. National Enforcement Bodies’ or any other body designated under paragraph 2 decisions shall be binding on both parties and enforceable, without prejudice to the right of parties to access the judicial system."

Or. en

(32011R0181)

Amendment 123

Proposal for a regulation

Article 4 – paragraph 1 – point 8

Regulation (EU) No 181/2011

Article 28a – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Risk-based approach to the monitoring of compliance with passenger rightsTask of national enforcement bodies related to the monitoring of compliance with passenger rights

Or. en

Amendment 124

Proposal for a regulation

Article 4 – paragraph 1 – point 8

Regulation (EU) No 181/2011

Article 28a – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 carried out by means of audits, inspections, interviews, verifications and examination of documents and discussions as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified.

Or. en

Amendment 125

Proposal for a regulation

Article 4 – paragraph 1 – point 8

Regulation (EU) No 181/2011

Article 28a – paragraph 5 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5a. If action plans are deemed insufficient, or if non-compliance necessitates an immediate action, National Enforcement Bodies may take enforcement actions as defined in Article 29.

Or. en

Amendment 126

Proposal for a regulation

Article 4 – paragraph 1 – point 8

Regulation (EU) No 181/2011

Article 28b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 28bdeleted
Sharing of information with national enforcement bodies
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.
2. In complex cases, the national enforcement body may extend this period to a maximum of three months from the receipt of the request.
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 28(3) to handle complaints, if this is a different body.

Or. en

Justification

Information already covered in other part of the Regulation.

Amendment 127

Proposal for a regulation

Article 4 – paragraph 1 – point 8 a (new)

Regulation (EU) No 181/2011

Article 28 d (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(8a) The following Article 28d is inserted:
Article 28d
Inspections of national enforcement bodies
1. The Commission may conduct inspections of national enforcement bodies in order to monitor the application by Member States of the Regulation and to make recommendations to improve its enforcement.
2. The Commission shall in good time before an inspection inform the Member State concerned thereof.
3. Each Commission inspection report shall be communicated to the national enforcement authority of the Member State concerned, which shall, in its answer, set out the measures taken to remedy the non-compliances identified and address the recommendations.
4. The report, together with the answer of the national enforcement body, shall subsequently be communicated to the national enforcement bodies of the other Member States, where appropriate.

Or. en

Amendment 128

Proposal for a regulation

Article 4 – paragraph 1 – point 8 b (new)

Regulation (EU) No 181/2011

Article 29

Amendment: Present text and Amendment
Present textAmendment
(8b) Article 29 is replaced by the following:
Article 29"Article 29
Report on enforcementEnforcement tasks
By 1 June 2015 and every 2 years thereafter, the enforcement bodies designated pursuant to Article 28(1) shall publish a report on their activity in the previous 2 calendar years, containing in particular a description of actions taken in order to implement this Regulation and statistics on complaints and sanctions applied.1. The National Enforcement Body shall closely monitor compliance with this Regulation and shall take the measures necessary to ensure that the rights of passengers are upheld. For this purpose, carriers and terminal operators shall provide national enforcement body with relevant documents and information at their request within one month of its request. In carrying out their functions, the national enforcement bodies shall take account of the information submitted to them by the other body designated to handle complaints as defined in Article 28 paragraph 1.
2. Monitoring activities may be performed jointly by national enforcement bodies in the event of air services between two or several EU Member States. 3
3. Member States shall ensure that their respective National Enforcement Bodies are given sufficient power to penalise effectively with infringements.
4. National Enforcement Bodies shall be able to take enforcement actions based on individual complaints as defined in Article 28.
5. The National Enforcement Bodies shall perform a monitoring of compliance with passenger rights as laid down in Article 28a.
6. 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."

Or. en

(32011R0181)

Amendment 129

Proposal for a regulation

Article 4 – paragraph 1 – point 8 c (new)

Regulation (EU) No 181/2011

Article 30

Amendment: Present text and Amendment
Present textAmendment
(8c) Article 30 is replaced by the following:
Article 30"Article 30
Cooperation between enforcement bodiesExchange of information and cross-border cooperation between national enforcement bodies
National enforcement bodies as referred to in Article 28(1) shall, whenever appropriate, exchange information on their work and decision-making principles and practices. The Commission shall support them in this task.1. Where different bodies are designated under Articles 28 and 28bis, reporting mechanisms shall be set up to ensure the exchange of information between them, in accordance with Regulation (EU) 2016/679, in order to help the national enforcement body to carry out its tasks of supervision and enforcement, and so that the complaint-handling body designated under Article 28bis can collect the information necessary to examine individual complaints.
2. National enforcement bodies shall exchange information on their work and decision-making principles and practices for the purpose of coordination. The Commission shall support them in that task."

Or. en

(32011R0181)

Amendment 130

Proposal for a regulation

Article 4 – paragraph 1 – point 9

Regulation (EU) No 181/2011

Article 30a – paragraph 2 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2a. The Commission shall support dialogue and promote cooperation between Member States concerning national interpretation and application of this Regulation through the Committee referred to in Article 31a.

Or. en

Amendment 131

Proposal for a regulation

Article 4 – paragraph 1 – point 9

Regulation (EU) No 181/2011

Article 30a – paragraph 2 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2b. 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.
Member States shall provide annually a report on their activities to the Commission, at the latest at the end of April of the following calendar year. The Commission may decide on the issues to be addressed in these reports via implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 31b.

Or. en

Amendment 132

Proposal for a regulation

Article 4 – paragraph 1 – point 9 a (new)

Regulation (EU) No 181/2011

Article 31

Amendment: Present text and Amendment
Present textAmendment
(9a) Article 31 is replaced by the following:
Article 31"Article 31
PenaltiesPenalties
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 1 March 2013 and shall notify it without delay of any subsequent amendment affecting them.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.
2. In the framework of cooperation referred to in Article 30 the national enforcement body which is competent for the purposes of Article 28bis (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."

Or. en

(32011R0181)

Amendment 133

Proposal for a regulation

Article 4 – paragraph 1 – point 10 a (new)

Regulation (EU) No 181/2011

Article 32

Amendment: Present text and Amendment
Present textAmendment
(10a) Article 32 is replaced by the following:
Article 32"Article 32
ReportReport
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 itEvery five years the Commission shall make a report on the implementation of this Regulation to the European Parliament and the Council based in particular on reports from the national enforcement bodies and results from its inspections. The report shall, where necessary, be accompanied by appropriate legislative proposals."

Or. en

(32011R0181)

Amendment 134

Proposal for a regulation

Article 5 – paragraph 1 – point -1 (new)

Regulation (EU) No 2021/782

Article 3 – paragraph 1 – point 22 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(-1) in Article 3, the following definition is added:
(22a) '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.’

Or. en

Amendment 135

Proposal for a regulation

Article 5 – paragraph 1 – point -1 a (new)

Regulation (EU) No 2021/782

Article 3 – paragraph 1 – point 22 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(-1a) In Article 3, the following definition is added:
(22b) ‘service quality standards’ means key performance indicators measuring how passenger rights are implemented.”

Or. en

Amendment 136

Proposal for a regulation

Article 5 – paragraph 1 – point -1 b (new)

Regulation (EU) No 2021/782

Article 18 – paragraph 1 – point c a new

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(-1 b) In Article 18, paragraph 1, the following point is added:
(ca) send automatically to passengers the common form for reimbursement and compensation requests as defined in paragraph 6

Or. en

Amendment 137

Proposal for a regulation

Article 5 – paragraph 1 – point -1 c (new)

Regulation (EU) No 2021/782

Article 28 – paragraph 3 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(-1c) In Article 28, the following paragraph is inserted:
3a. Where the rail undertaking invokes extraordinary circumstances, it shall, in its answer, inform the passenger of the specific circumstances responsible for the cancellation or delay. The rail undertaking shall also show that it took all reasonable measures to avoid the cancellation or delay.

Or. en

Amendment 138

Proposal for a regulation

Article 5 – paragraph 1 – point 1

Regulation (EU) No 2021/782

Article 30a – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Where information under this Regulation is provided to passengers by electronic means of communication, railway undertakings, station managers, ticket vendors 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 under this Regulation is provided to passengers by electronic means of communication, railway undertakings, station managers, ticket vendors 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. The burden of proof concerning the questions as to whether and when they have provided the necessary information to passengers shall rest with railways undertaking, station managers, ticket vendors and tour operators. All means of communication shall enable the passenger to contact them quickly, free of charge, and communicate efficiently.;

Or. en

Amendment 139

Proposal for a regulation

Article 5 – paragraph 1 – point 1 a (new)

Regulation (EU) No 2021/782

Article 32 – paragraph 2 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(1a) In Article 32, the following paragraph is inserted:
2a. Member States shall ensure that their respective National Enforcement Bodies are given sufficient power to penalise effectively with infringements. National Enforcement Bodies shall be able to take enforcement actions based on individual complaints as defined in Article 28.

Or. en

Amendment 140

Proposal for a regulation

Article 5 – paragraph 1 – point 1 b (new)

Regulation (EU) No 2021/782

Article 32 – paragraph 2 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(1b) In Article 32, the following paragraph is inserted:
2b. Railway undertaking shall provide the National Enforcement Body with comprehensive information regarding extraordinary circumstances and the occurrence of technical issues, including the specific reasons for such circumstances. This information shall be provided within 48 hours following travel disruption. In the event that the railway undertaking invokes extraordinary circumstances as a justification for refusing compensation under this Regulation, the carrier shall substantiate its claim by providing adequate evidence. Furthermore, the carrier shall demonstrate that all reasonable measures were taken to prevent the cancellation or delay of the train in question.

Or. en

Amendment 141

Proposal for a regulation

Article 5 – paragraph 1 – point 2

Regulation (EU) No 2021/782

Article 32a – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Risk-based approach to the monitoring of compliance with passenger rightsTasks of national enforcement bodies related to the monitoring of compliance with passenger rights

Or. en

Amendment 142

Proposal for a regulation

Article 5 – paragraph 1 – point 2

Regulation (EU) No 2021/782

Article 32a – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 carried out by means of audits, inspections, interviews, verifications and examination of documents and discussions as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified.

Or. en

Amendment 143

Proposal for a regulation

Article 5 – paragraph 1 – point 2

Regulation (EU) No 2021/782

Article 32a – paragraph 5 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5a. If action plans are deemed insufficient, or if non-compliance necessitates an immediate action, National Enforcement Bodies may take enforcement actions as defined in Article 33.

Or. en

Amendment 144

Proposal for a regulation

Article 5 – paragraph 1 – point 2 a (new)

Regulation (EU) No 2021/782

Article 32a a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(2a) the following Article 32aa is inserted:
Article 32aa
Inspections of national enforcement bodies
1. The Commission shall conduct inspections of national enforcement bodies in order to monitor the application by Member States of the Regulation and to make recommendations to improve its enforcement.
2. The Commission shall in good time before an inspection inform the Member State concerned thereof.
3. Each Commission inspection report shall be communicated to the national enforcement authority of the Member State concerned, which shall, in its answer, set out the measures taken to remedy the non-compliances identified and address the recommendations.
4. The report, together with the answer of the national enforcement body, shall subsequently be communicated to the national enforcement bodies of the other Member States, where appropriate.

Or. en

Amendment 145

Proposal for a regulation

Article 5 – paragraph 1 – point 2 b (new)

Regulation (EU) No 2021/782

Article 33 – paragraph 2 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(2 b) In Article 33, the following paragraph is inserted:
2a. National Enforcement bodies or any other body designated under paragraph 2 shall be able to deal with individual passenger complaints and be granted, at least, with the minimum investigative and enforcement powers defined in article 9 of the Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004.
National Enforcement Bodies’ or any other body designated under paragraph 2 decisions shall be binding on both parties and enforceable, without prejudice to the right of parties to access the judicial system.

Or. en

Amendment 146

Proposal for a regulation

Article 5 – paragraph 1 – point 3

Regulation (EU) No 2021/782

Article 34a – paragraph 2 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2a. The Commission shall support dialogue and promote cooperation between Member States concerning national interpretation and application of this Regulation through the Committee referred to in Article 38.

Or. en

Amendment 147

Proposal for a regulation

Article 5 – paragraph 1 – point 3

Regulation (EU) No 2021/782

Article 34a – paragraph 2 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2b. 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.
Member States shall provide annually a report on their activities to the Commission, at the latest at the end of April of the following calendar year. The Commission may decide on the issues to be addressed in these reports via implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 16c.

Or. en

Amendment 148

Proposal for a regulation

Article 5 – paragraph 1 – point 3 a (new)

Regulation (EU) No 2021/782

Article 39

Amendment: Present text and Amendment
Present textAmendment
(3a) Article 39 is replaced by the following:
Article 39"Article 39
ReportReport
By 7 June 2026, the Commission shall report to the European Parliament and the Council on the implementation and the results of this Regulation.Every five years the Commission shall make a report on the implementation of this Regulation to the European Parliament and the Council based in particular on reports from the national enforcement bodies and results from its inspections.
The report shall be based on information to be provided pursuant to this Regulation. The report shall, where necessary, be accompanied by appropriate proposals.The report shall, where necessary, be accompanied by appropriate legislative proposals."

Or. en

(32021R0782)

Amendment 149

Proposal for a regulation

Article 5 – paragraph 1 – point 3 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(3b) Annex III is amended in accordance with Annex IVa to this Regulation.

Or. en

(32021R0782)

Amendment 150

Proposal for a regulation

Annex I a (new)

Regulation (EC) No 261/2004

Annex II a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 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. collision between an aircraft and a bird and any damage caused by such a collision ;
iv.war, political unrest, acts of sabotage or terrorism rendering impossible the safe operation of the flight;
v. health risks or medical emergencies necessitating the interruption or deviation of the flight concerned;
vi.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 ;
vii. unforeseen air traffic management restrictions or the unforeseen closure of the airspace, including runway closures by the authorities;
viii. shortage of staff at the airport providing baggage loading services;
ix. 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;
x. airport congestion due to meteorological conditions[Author5] , resulting in an obligation on the aircraft operator to delay or cancel the flight;
xi. 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;
xii. 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 ; and
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

Or. en

Amendment 151

Proposal for a regulation

Annex II

Regulation (EU) No 1107/2006

Annex III – paragraph 4 – point d a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(da) number of cases where the assistance was not provided or was provided with delay,

Or. en

Amendment 152

Proposal for a regulation

Annex III

Regulation (EU) No 1177/2010

Annex V – paragraph 8 – point d a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(d a) number of cases where the assistance was not provided or was provided with delay,

Or. en

Amendment 153

Proposal for a regulation

Annex IV

Regulation (EU) No 181/2011

Annex III – paragraph 8 – point d a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(da) (d new) number of cases where the assistance was not provided or was provided with delay,

Or. en

Amendment 154

Proposal for a regulation

Annex IV a (new)

Regulation (EU) No 2021/782

Annex III – paragraphs 7 and 8

Amendment: Present text and Amendment
Present textAmendment
Annex IVa
In Annex III, paragraphs 7 and 8 are replaced by the following:
Complaint handling, refunds and compensation for non-compliance with service quality standards"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.
Assistance provided to persons with disabilities and persons with reduced mobility, and discussions concerning this assistance with representative organisations and, where relevant, representatives of persons with disabilities and persons with reduced mobilityAssistance provided to persons with disabilities and persons with reduced mobility (PRM)
(a) number of denied transport services for a PRM, and the reason for it;
(b) number of denied transport services for their recognised assistance dog or their mobility equipment and the reasons for it;
(c) number of cases related to the loss or damages of mobility equipment and their outcome;
(d )number of cases where the carrier obliged a person with disability or reduced mobility to be accompanied by someone to comply with the safety requirements);
(e) number of cases where the assistance was not provided or was provided with delay,
(f) discussions concerning this assistance with representative organisations and, where relevant, representatives of PRM;
(g) the implementation of the disability awareness and assistance training, including the frequency of the sessions and participation of organisations representing persons with disabilities and reduced mobility."

Or. en

Back matter, 1

Parts that accompany the text rather than belong to it: explanatory statement, annexes, opinions appended by other committees. Collapsed.

Explanatory statement 25 blocks

Over the last decades, the EU has established a unique framework for protecting and enforcing passenger rights across all transport modes. Nevertheless, according to a Eurobarometer survey, barely one in three EU citizens are aware of their rights. Moreover, shortcomings in the implementation and enforcement are preventing passengers from fully benefiting from them.

As a result, we have seen in recent years the spread of so-called "claim agencies" that help passengers obtain compensation from carriers for travel that is cancelled or suffers long delays. However, these services are rarely free and can cost passengers up to 50% of the compensation they are entitled to due to service fees and legal costs. The rise of these agencies underscores the inadequacy of the current framework.

In this context, the Commission launched on 29 November 2023 a review of the Passenger Rights framework to ensure effective and efficient enforcement of passenger rights across all Member States and to provide a more effective complaint handling for passengers. In particular, the Commission proposal aims at introducing more effective tools for national enforcement bodies (NEBs) for the monitoring of operators’ compliance with passenger rights. It also seeks to close regulatory loopholes in air transport, particularly regarding passengers who book flights through an intermediary. Special attention is also paid to the needs of passengers with disabilities or reduced mobility travelling by air, with a focus on harmonizing their rights across transport modes.

The Rapporteur welcomes the revision of the Passenger Rights framework, particularly its efforts to close the enforcement gaps and to ensure that passenger rights are upheld in a uniform way across Member States and across transport modes. In amending the Commission's proposal, the Rapporteur focuses on three key principles: strengthening passenger rights, harmonizing regulations across transport modes and Member States, and enhancing enforcement mechanisms. The Rapporteur considers that the recent developments in the new rail passenger rights Regulation (EU) 2021/782 constitutes a good starting point for the review of the passenger rights acquis.

Reinforcing Passenger Rights, Including for Those with Special Needs and PRMs

Harmonised conditions for cabin hand luggage and allocation of seats for minors free of charge are long-standing claims of passengers that the Rapporteur reckons deserve special attention.

By the same token, the Rapporteur supports the provisions on the rights for persons with disabilities and reduced mobility (PRMs) when travelling by air to oblige airlines to provide an additional free ticket whenever they oblige a disabled person to travel accompanied.

For passengers with reduced mobility, mobility equipment is essential, yet its replacement remains difficult and costly. Air transport is the sole transport mode where liability for the damage or loss of such equipment is limited. The Rapporteur therefore supports full compensation for passengers in cases where mobility equipment, assistive devices, or recognized assistance dogs are lost or damaged by an air carrier.

Transparency and Duties of Intermediaries

Currently, clear responsibilities for intermediaries have not been established in the Passengers’ Rights regulatory framework (except in the updated Rail Passenger Rights Regulation). As a result, passengers are often bounced between airlines and intermediaries, facing prolonged reimbursement delays.

The Rapporteur welcomes the introduction of the clear refund rules. However, such a review should go beyond time limits and provide a more efficient mechanism and price transparency. The Rapporteur believes that when a passenger purchases a ticket through an intermediary, the total amount of the ticket price should be clearly indicated, including possible optional services and should be refunded at no additional cost to the passenger. Moreover, the intermediary should be responsible for assisting passengers with tickets and providing alternative proposals in the event of travel disruptions.

Clear Complaint-handling Mechanisms and Simplification

The Rapporteur reckons that passengers should be adequately informed about the relevant procedures for submitting claims and complaints to air carriers, intermediaries and National Enforcement Bodies (NEBs) and should receive a reply within a reasonable time period.

The Rapporteur is in favour of the creation of a common European form for compensation and reimbursement and calls for it to be sent automatically to passengers in the event of service interruption by the carrier or the intermediary.

To streamline the process and to ensure that passengers’ rights are upheld, the Rapporteur proposes automatic compensation without any claim to be lodged by the passenger when extraordinary circumstances cannot be invoked by the air carrier for cancellation and long delays.

Enhanced Enforcement Mechanisms

The 2021 special report from the European Court of Auditors concluded that NEBs do not have a good overview of operators’ compliance with passenger rights. Commission evaluations also concluded that the overall approach of NEBs toward monitoring the implementation of the Regulations varies significantly: while some NEBs tend to be very proactive, others seem only to react to complaints which they receive. In addition, only a small percentage of NEBs have issued penalties for the breach of these Regulations, and even such penalties were generally small.

To address these shortcomings, the Rapporteur proposes a harmonized framework that strengthens enforcement mechanisms by granting NEBs independence, establishing a cross-border cooperation mechanism, enhancing their power to obtain information from carriers, and implementing a more effective penalty regime. The Rapporteur also proposes that NEBs be granted minimum investigation and enforcement powers vis-à-vis all actors with obligations under these Passenger Rights Regulations.

Furthermore, a regular flow of information between the Commission and enforcement bodies and the possibility for the Commission to conduct inspections would enable the Commission to better fulfil its monitoring and coordinating role of the national bodies and to support them.

Providing Legal Certainty

The EU legal framework for the air passengers’ rights is complex and on many occasions, the Court of Justice of the European Union (CJEU) has been requested by national courts to clarify certain provisions of Regulation (EC) No 261/2004 on air passenger rights. This is particularly relevant regarding the concepts of “extraordinary circumstances” and “cancellation”.

To increase legal certainty for both air carriers and passengers, and to ensure a proper enforcement of passenger rights, the Rapporteur supports the introduction of clear and precise definitions of these concepts on the basis of the case law that has been consistently held in recent years.

The Rapporteur supports the EP mandate of the air passenger rights revision of February 2014 and acknowledges that it is in general still valid and fit for purpose. However, the Rapporteur considers that the above-mentioned elements would justify an update of the EP mandate on the concepts of “extraordinary circumstances” and “cancellation”.

***

The revision of the Passenger Rights framework represents a crucial step toward strengthening and harmonizing protection for passengers across the EU. By addressing enforcement gaps, improving complaint-handling mechanisms, and ensuring clear responsibilities for all stakeholders, the proposed measures will enhance transparency, accessibility, and fairness for passengers. The Rapporteur supports these efforts and emphasizes the importance of effective enforcement, legal clarity, and strengthened rights. A robust and well-implemented framework will not only uphold passengers' rights but also foster greater trust in the EU's transport system as a whole.

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Cite as

European Parliament (2025). “DRAFT REPORT on the 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, 20 February 2025. docId TRAN-PR-768111. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/TRAN-PR-768111 (retrieved 25 September 2026). Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/TRAN-PR-768111 (CC BY 4.0).
BibTeX 
@misc{epw-text-tran-pr-768111,
  author = {{European Parliament}},
  title = {{DRAFT REPORT on the 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 = {2025-02-20},
  howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/TRAN-PR-768111}},
  url = {https://news.eu-parl.st-solutions.dev/texts/TRAN-PR-768111},
  urldate = {2026-09-25},
  publisher = {EU Parl Watch Research},
  note = {Text. docId TRAN-PR-768111. Data: EP Open Data API: document record (CC BY 4.0)}
}