Changes from report parliamentary committee draft to plenary report

Regulation (EC) No 261/2004

Change 13

RemovedArticle 1 – paragraph 1 – point 2, Article 8a – paragraph 3: 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.

AddedArticle 1 – paragraph 1 – point 1 b (new), Article 6 a (new): (1b) the following article is inserted : / ‘Article 6a / 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. When a passenger has a right to compensation from the air carrier in accordance with Articles 4, 5 and 6, the air carrier shall send to the passenger in a written form, within 48 hours, the information about the presence or absence of extraordinary circumstances and provide access to a pre-filled common form in accordance with 16aa. / 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.’

Added(32004R0261)

Regulation (EC) No 261/2004

Change 14

ChangedArticle 1 – paragraph 1 – point 2, Article 8a – paragraph 5 – point a: (a) the air carrier shall reimburse the intermediary the full1: cost1. ofWhere the ticket as it hadpassenger receivedhas forbought thea ticket fromthrough thean intermediary, within seven days, in one transaction through the same payment methodoperating whichair wascarrier usedmay atmake the time of booking, and linking thereimbursement paymentreferred 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 and8(1) thepoint intermediation(a) feesthrough viathat theintermediary. originalIn paymentsuch method,a atcase, the latest within aintermediary furthershall sevenbe days,responsible andto informreimburse the passenger andin theaccordance airwith carrierthis thereof.Article.

Regulation (EC) No 261/2004

Change 15

ChangedArticle 1 – paragraph 1 – point 2, Article 8a – paragraph 52: a2. (new):The 5a.intermediary Airshall carriersinform andthe intermediariespassenger shallof providethe passengersreimbursement withprocess theas referencesprovided offor in this Article in a clear, comprehensible and easily accessible manner at the moneytime transferof suchbooking asand on the transactionbooking number.confirmation.

Regulation (EC) No 261/2004

Change 16

ChangedArticle 1 – paragraph 1 – point 2, Article 8a – paragraph 5 b (new): 5b. Intermediaries are liable3: for3. dulyReimbursements processingthrough the reimbursement set out in paragraphintermediary 5.shall Inbe casefree of a breachcharge offor theirpassengers. obligations,No intermediariescosts shouldshall be subject to a penalty regime as definedborne by Memberthe Statespassenger in accordance withthe Articlereimbursement 16ccprocedure.

Regulation (EC) No 261/2004

Change 17

RemovedArticle 1 – paragraph 1 – point 2 a (new), Article 11 – paragraph -1 (new): (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.

AddedArticle 1 – paragraph 1 – point 2, Article 8a – paragraph 4: 4. The intermediary shall state publicly and inform in a clear, unambiguous and comprehensible manner, at the time of selection of flights, whether they are in agreement with the air carrier selected to sell their tickets and to process reimbursements.

Regulation (EC) No 261/2004

Change 18

RemovedArticle 1 – paragraph 1 – point 2 b (new), Article 11– paragraph 1: (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 recognised assistance dogs accompanying them, as well as unaccompanied children"

AddedArticle 1 – paragraph 1 – point 2, Article 8a – paragraph 5 – point a: (a) the air carrier shall reimburse the intermediary the cost of the air 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 cost of the air 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.

Removed(32004R0261)

Regulation (EC) No 261/2004

Change 19

RemovedArticle 1 – paragraph 1 – point 2 c (new), Article 11 – paragraph 2 a (new): (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.’

AddedArticle 1 – paragraph 1 – point 2, Article 8a – paragraph 5 – pont b: (b) The intermediary is required to notify the air carrier without delay upon processing the reimbursement to the passenger. If the passenger does not receive the reimbursement within 14 days as of the date of choosing a reimbursement in accordance with Article 8 (1) (a), first indent, or if the operating air carrier has not received confirmation of payment fulfilment within 14 days, the operating air carrier shall contact the passenger at the latest on the day following the expiry of the 14-day period in order to receive the payment details for the reimbursement. Upon receipt of these payment details, the operating air carrier shall reimburse the passenger within seven days and inform the passenger and the intermediary thereof. Air carriers and intermediaries shall provide passengers with the references of the money transfer such as the transaction number.

Regulation (EC) No 261/2004

Change 20

RemovedArticle 1 – paragraph 1 – point 2 d (new), Article 11 a (new): (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

AddedArticle 1 – paragraph 1 – point 2, Article 8a – paragraph 5 a (new): 5a. Intermediaries are liable for duly processing the reimbursement set out in paragraph 5. In case of a breach of their obligations, intermediaries are subject to a penalty regime as defined by Member States in accordance with Article 16bcc.

Regulation (EC) No 261/2004

Change 21

ChangedArticle 1 – paragraph 1 – point 2 ea (new), Article 138 ab (new): (2e) the following Article 13a is inserted:8b / ArticleRight 13aof /passengers Complaintsto /transfer 1.their Eachticket airto carrieranother andholder intermediariesin shallexceptional setcircumstances upand achange complaint-handlingof mechanismname forof the rights andticket obligationsholder. covered/ by1. thisPassengers Regulationwho, infor theirexceptional respectivereasons, fieldsare ofno responsibility.longer Atable theto timemake ofa booking,journey they have booked, shall providebe informationentitled to passengersrequest ona thechange complaintin handlingthe processesname andof the relevant timeticket limitsholder. under/ this2. Article.Air Informationcarriers, onoperators complaintor handlingintermediaries shall also be accessible onobliged theto airoffer carriers’one andof intermediaries’the websitesfollowing andtwo shalloptions, bemade communicatedavailable inat the emailtime thatof notifiesreservation: any/ event(a) thatchange couldin givethe risename toof the rightsticket enshrinedholder free of charge in thisjustified Regulation.cases /of 2.force Passengersmajeure, maysuch submitas: a/ complaint(i) toDeath anyof airthe carrierspassenger or intermediaries regardingof theira respectiveclose fieldsfamily ofmember; responsibility/ via(ii) theSerious mechanismsmedical referredproblems topreventing intravel paragraph(proven 1.by Suchmedical acertificates); complaint/ shall(iii) beOther submittedexceptional withincircumstances threeset monthsout fromin thenational datelaw onor whichby the flightcarrier; wasor performed/ or(b). wastransfer scheduledof the ticket to beanother performed.passenger. / 3. WithinPassengers 7may workingtransfer daysthe ofticket receivingto theanother complaint,person theafter adresseeproviding shallreasonable confirmnotification to the receiptcarrier ofor theintermediary complainton a durable medium prior to the passenger.flight. WithinNotification twoprovided monthsat ofleast receiving72 thehours complaint,prior to the adresseeflight shall providein aall reasonedcases answerbe considered reasonable and shall not be subject to theany passenger.additional charge. / 4. Where thepassengers adresseetransfer doesa notticket providein thatthe full72 answerhours withinprior thatto two-monthdeparture, period,the itintermediary’s shallcarrier bemay deemedcharge tofees. haveThe acceptedintermediary’s thecarrier passenger’sshall claims.inform /the 4.transferor Withof the reasonedactual answer,costs of the adresseetransfer. shallThese alsocosts communicatemust tonot thebe passengerunreasonable concernedand must not exceed the relevantactual contactcost detailsborne ofby the Nationalcarrier enforcementor bod…intermedia…

Regulation (EC) No 261/2004

Change 22

RemovedArticle 1 – paragraph 1 – point 2 f (new), Article 14 – paragraph 1: (2f) In Article 14, paragraph 1 is replaced by the following: / "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."

AddedArticle 1 – paragraph 1 – point 2 a (new), Article 11: (2a) Article 11 is replaced by the following: / ‘Article 11 / -1. The rights of persons with disabilities and persons with reduced mobility laid down under this Article shall be without prejudice to the rights they enjoy under Regulation (EC) No 1107/2006. / 1. Operating air carriers shall give priority to carrying persons with reduced mobility and any persons or recognised assistance dogs accompanying them, as well as unaccompanied children. / 2. In cases of denied boarding, cancellation, delays of any length and missed flight due to a lack of airport assistance services, persons with disabilities and persons with reduced mobility and any persons accompanying them, as well as unaccompanied children, shall have the right to compensation, reimbursement or re-routing as provided for in Article 7 and 8 and the right to care in accordance with Article 9 as soon as possible. / 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, made under the same booking, shall be provided free of charge by the air carrier.

(32004R0261)

Regulation (EC) No 261/2004

Change 23

RemovedArticle 1 – paragraph 1 – point 2 g (new), Article 14 – paragraph 2: (2g) In Article 14, paragraph 2 is replaced by the following: / "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."

AddedArticle 1 – paragraph 1 – point 2 b (new), Article 11 a (new): (2b) The following article is inserted : / ‘Article 11a / Right to personal item and hand luggage / 1. Passengers shall always have the right to a carry on board one personal item, such as a small bag, handbag, backpack or laptop bag under the condition that it can be safely stowed under the seat in front of the passenger. Air carriers shall not charge the passenger any supplement or additional fees on top of the price of the flight ticket for this personal item. It is mandatory that carriers provide clear, transparent, and easily accessible information on the weight and dimension requirements for the personal item at the time of booking and after the booking is completed, ensuring passengers are fully informed before their journey. / 2. Passengers shall always have the right to carry on board, one piece of hand luggage. The hand luggage shall not be subject to price supplement on the price of the flight ticket within the maximum dimensions of 100 cm (sum of length, width, and height) and maximum weight of 7 kilos. Air Carriers may apply different provisions regarding additional or larger hand luggage. / The hand luggage may be stored either in the aircraft cabin (as carry-on baggage) or in the aircraft hold, as checked baggage. The carrier may refuse to allow such hand luggage on board only on grounds of security connected with the weight or size of the hand luggage in relation to the characteristics of the aircraft. / Air carriers shall provide clear, transparent, and easil…

(32004R0261)

Regulation (EC) No 261/2004

Change 24

RemovedArticle 1 – paragraph 1 – point 2 h (new), Article 14 – paragraph 3 a (new): (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.

AddedArticle 2 – paragraph 1 – point 2 c (new), Article 14: (2c) Article 14 is replaced by the following: / ‘Article 14 / 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." / 1a. Air carriers shall set up, at each airport where they operate, contact points at which they shall ensure the presence of contact personnel or a third parties commissioned by the air carrier concerned, to provide passengers with the necessary information regarding their rights, including complaint procedures, to assist them and to take immediate action in the event of cancelled or delayed flights, denied boarding and lost or delayed baggage. During the air carriers operating hours and until the last passengers disembark from the last plane, those contact points shall be available for the purpose of assisting passengers inter alia concerning reimbursement, re-routing, rebooking and of accepting the lodging of their complaints. / 1b. The operating air carrier shall provide the passen…

Added(32004R0261)

Regulation (EC) No 261/2004

Change 25

ChangedArticle 1 – paragraph 1 – point 3, Article 14a – title: Obligation andon transfer of information by the intermediary

Regulation (EC) No 261/2004

Article 1 – paragraph 1 – point 3, Article 14a – paragraph 1: 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.

Regulation (EC) No 261/2004

Change 26

ChangedArticle 1 – paragraph 1 – point 3, Article 14a – paragraph 1 a (new): 1a. When offering a ticket, intermediaries shall inform passengers about the full cost of the air 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.

Regulation (EC) No 261/2004

Change 27

ChangedArticle 1 – paragraph 1 – point 3, Article 14a – paragraph 2: 2. Where the passenger does not acquire a ticket directly from the air carrier, but through an intermediary, this intermediary shall provide theall contact details ofreceived from the passengerpassenger, and the booking details to the air carrier. The air carrier may only use these contact details to the extent necessary to comply with its contract of carriage with the passenger, its information 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 2111/2005,2111/2005. andThe contact details may not be used for marketingcommercial purpose.purposes unless the passenger has actively and explicitly requested the contrary.

Regulation (EC) No 261/2004

Change 28

ChangedArticle 1 – paragraph 1 – point 3, Article 14a – paragraph 3: 3. The intermediaryair carrier and the carrierintermediary shall deletekeep the passenger’s contact details withinno longer than 72 hours after the completion of the contract of carriage unless in the case of a flight disruption where further retention of the contact details is justified to fulfil obligations in respect of the passenger’s right tosuch as provision of care, re-routing, reimbursement, or compensation and complaint handling. The intermediaryair carrier and the carrierintermediary shall retainprocess the passenger’s contact details to the extent strictly necessary to fulfil these obligationssolely withinfor the procedures laidpurpose downof infulfilling thetheir respective Member States’ or Union law.obligations.

Regulation (EC) No 261/2004

Change 29

ChangedArticle 1 – paragraph 1 – point 3, Article 14a – paragraph 4 a (new): 4a. Intermediaries shall provide accessible, effective telephoneremote 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 passengerthe passenger’s rights and shall clearly inform passengers of the information to be provided whenabout the 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 16a16 shall also be given to the passenger in written form.

Regulation (EC) No 261/2004

Change 30

ChangedArticle 1 – paragraph 1 – point 4, Article 15a – paragraph 2:1: 2.1. Air carriers shall monitor their performance as reflected in theestablish service quality standards. Theystandards shalland publishimplement 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 themanagement Regulationsystem becomesto applicable],maintain and every twoimprove yearsservice thereafter,quality. toThe beservice availablequality atstandards theshall sameat placeleast ascover the general information on air passenger rights. This report shallitems notlisted containin personalAnnex data.II.

Regulation (EC) No 261/2004

Change 31

ChangedArticle 1 – paragraph 1 – point 4, Article 15a – paragraph 32 a (new): 3a. Intermediaries2a. locatedAir incarriers ashall Membermonitor Statetheir shallperformance establishas servicereflected qualityin standardsthe basedservice atquality leaststandards. onThey theshall relevantpublish itemsa listedreport inon Annextheir II.service Theyquality shallperformance monitoron their performancewebsite pursuantby to[2 thoseyears standardsafter andthe provideRegulation accessbecomes toapplicable], theand informationevery ontwo theiryears performancethereafter. toThis nationalreport publicshall authoritiesnot oncontain request.;personal data.

Regulation (EC) No 261/2004

Change 32

RemovedArticle 1 – paragraph 1 – point 4 a (new), Article 16: (4a) Article 16 is replaced by the following: / "Article 16 / Designation of national enforcement bodies / 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 passengers are respected. / 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. 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."

AddedArticle 1 – paragraph 1 – point 4, Article 15a – paragraph 3: 3. Airport managing bodies located in a Member State shall establish service quality standards based on the relevant items listed in Annex II and which are under their direct responsibility. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request.

AddedRegulation (EC) No 261/2004

AddedArticle 1 – paragraph 1 – point 4, Article 15a – paragraph 3 a (new): 3a. Intermediaries which are not SMEs, 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.;

AddedRegulation (EC) No 261/2004

AddedArticle 1 – paragraph 1 – point 4 a (new), Article 15a a (new): (4a) the following articleis inserted: / Article 15aa / Complaint-handling by air carries and intermediaries / 1. Each air carrier and intermediary shall set up a complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility. 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 applications 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 one year 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 addressee shall confirm the receipt of the complaint to the passenger. Within two months of receiving the complaint, the addressee shall provide a reasoned answer to the passenger. Where the addressee 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 addressee shall also communicate to the passenger concerned the rel…