Changes from report parliamentary committee draft to plenary report

AddedRegulation (EC) No 261/2004

AddedArticle 1 – paragraph 1 – point 4 b (new), Article 16: (4b) 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.’

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Regulation (EC) No 261/2004

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ChangedArticle 1 – paragraph 1 – point 4 bc (new), Article 16 a (new): (4b)(4c) theThe following Article 16aarticle is inserted:inserted : / Article’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 intermediesintermediaries shall provide the national enforcement body with relevant documents and information at their request within one month of its request. In complex cases, the national enforcement body may extend this period to a maximum of three months from the receipt of the request. In carrying out their functions, the national enforcement bodies shall take account of the information submitted to them by the 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 provideIn the National Enforcementevent Bodythat withthe comprehensiveair informationcarrier regardinginvokes extraordinary circumstances and the occurrence of technical issues, including theas specifica reasonsjustification for such circumstances. This information shall berefusing providedcompensation withinunder 48this hoursRegulation, followingthe travelcarrier disruption.shall Insubstantiate theits eventclaim thatby theproviding airadequate carrierevidence invokeson extraordinarythose circumstances asand arelated justificationtechnical for…issue…

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Regulation (EC) No 261/2004

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ChangedArticle 1 – paragraph 1 – point 4 cd (new), Article 16 b (new): (4c)(4d) the following new Article 16barticle is inserted : / "Article‘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 withinno threelater monthsthan one year 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 bodycarrier 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.intermediary. / 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 withi…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 in accessible format. / 4. Where a complaint relates to alleged infringemen…

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Regulation (EC) No 261/2004

Change 35

ChangedArticle 1 – paragraph 1 – point 4 de (new), Article 16 c (new): (4d)(4e) the following Article 16 carticle is inserted:inserted / Article‘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.task.’

Added(32004R0261)

Regulation (EC) No 261/2004

Change 36

ChangedArticle 1 – paragraph 1 – point 5, Article 16aa – paragraph 1: 1. The Commission shall adopt an implementing act establishing a common form for compensation and reimbursement requests under Articles 7,(the Articles‘common 8,form’) 8a,under 9,Articles 107 and 118. .ThatThat common form shall be established in a format which isan accessible to personsformat withand disabilitiesavailable andin personsall withofficial reducedUnion mobility.languages. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 38 (2) of Regulation (EU) 2021/782 of the European Parliament and the Council15 .

Regulation (EC) No 261/2004

Change 37

ChangedArticle 1 – paragraph 1 – point 5, Article 16aa – paragraph 1 a (new): 1a. Air carriers and intermediaries shall automatically send to passengers the pre-filled common form for reimbursement and compensation requests as defined in Article 1, in the event of denied boarding or if awithin flight48 ishours cancelledfollowing ortravel delayeddisruption for at least two hours at departure,the orpurpose of more thanreimbursement 3and hourscompensation atin arrivalaccordance atwith finalArticle destination5a(2).

Regulation (EC) No 261/2004

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ChangedArticle 1 – paragraph 1 – point 5, Article 16aa – paragraph 2: 2. Passengers shall have the right to submit their requests for compensation or1 reimbursementb using(new): the1b. commonThis formrequirement referredset toout in paragraph 1 or1a byshall othernot means.apply Operatingto air carriers and intermediaries shall not reject a request solely onwhere theother groundsautomated thatelectronic themeans passengerof hascommunication notallowing usedpassengers theto commonrequest formreimbursement referredor tocompensation inexist, paragraphprovided 1.that Passengerssuch shallmeans haveoffer the rightchoice toand submitinformation theirset requestout in at least the language of the booking. If a request is notcommon sufficientlyform precise,and theare carrieralso shallavailable askin the passenger to clarify orlanguage completeof the requestbooking and shall duly motivatein the additional information and assistlanguage theinternationally passengeraccepted in doingthis so.field.

Regulation (EC) No 261/2004

Change 39

RemovedArticle 1 – paragraph 1 – point 5, Article 16aa – paragraph 3: 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.

AddedArticle 1 – paragraph 1 – point 5, Article 16aa – paragraph 2: 2. Passengers shall have the right to submit their requests for reimbursement and compensation 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. 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 air carrier shall ask the passenger to clarify or complete the request and shall duly motivate the request for additional information and assist the passenger in doing so.

Regulation (EC) No 261/2004

Change 40

RemovedArticle 1 – paragraph 1 – point 6, Article 16ba – title: Tasks of national enforcement bodies related to monitoring of compliance with passenger rights

AddedArticle 1 – paragraph 1 – point 5, Article 16aa – paragraph 3: 3. Without prejudice to paragraph 1a, air carriers and intermediaries shall provide clear information on their websites regarding the different electronic means that allow passengers to request reimbursement or compensation, such as an e-mail address, electronic forms or mobile applications. Regardless of the electronic means used, passengers shall be provided with electronic confirmation as proof that such a request has been submitted.

Regulation (EC) No 261/2004

Change 41

RemovedArticle 1 – paragraph 1 – point 6, Article 16ba – paragraph 4: 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.

AddedArticle 1 – paragraph 1 – point 5, Article 16aa – paragraph 4: 4. The Commission shall make the common form available in all official Union languages on its website. The body or bodies designated by Member States in accordance with Articles 16(1) and 16a(3) shall ensure that passengers have access to the common form.

Regulation (EC) No 261/2004

Change 42

AddedArticle 1 – paragraph 1 – point 6, Article 16ba – title: Tasks of national enforcement bodies related to risk-based approach concerning monitoring of compliance with passenger rights

AddedRegulation (EC) No 261/2004

AddedArticle 1 – paragraph 1 – point 6, Article 16ba – paragraph 4: 4. Compliance monitoring activities shall be based on the assessment of risks that could 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.

AddedRegulation (EC) No 261/2004

▸5 unchanged paragraphs

Article 1 – paragraph 1 – point 6, Article 16ba – paragraph 5: 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.

Regulation (EC) No 261/2004

Article 1 – paragraph 1 – point 6, Article 16ba – paragraph 5 a (new): 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.

Regulation (EC) No 261/2004

Article 1 – paragraph 1 – point 6, Article 16bb: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Change 43

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

Regulation (EC) No 261/2004

Change 44

RemovedArticle 1 – paragraph 1 – point 6, Article 16bc –paragraph 1a (new): 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

AddedArticle 1 – paragraph 1 – point 6, Article 16bc a (new): 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.

Regulation (EC) No 261/2004

Change 45

RemovedArticle 1 – paragraph 1 – point 6 a (new), Article 16bc a (new): (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.

AddedArticle 1 – paragraph 1 – point 6, Article 16bc – paragraph 1 a (new): 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]

Regulation (EC) No 261/2004

Change 46

ChangedArticle 1 – paragraph 1 – point 6 ba (new), Article 16bc b (new): (6b) The following Article 16bcb is inserted: / Article16bc 16bcbb / Oversight of intermediaries established in third countries. / 1. The Commission shall perform the oversight of intermediaries established in third countries in order to verify their compliance with this regulation.

Regulation (EC) No 261/2004

Change 47

ChangedArticle 1 – paragraph 1 – point 6 cb (new), Article 16bc c (new): (6c)(6b) The following Article 16bcc is inserted:inserted / Article‘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 bisb (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. ‘

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Regulation (EC) No 261/2004

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ChangedArticle 1 – paragraph 1 – point 6 dc (new), Article 17: (6d)(6c) Article 17 is replaced by the following:following : / "Article‘Article 17 / EveryThe fiveCommission yearsshall report to the CommissionEuropean shallParliament makeand athe reportCouncil four years after the entry into force on the implementationoperation and the results of this RegulationRegulation, in particular with regard to the Europeanimpact Parliamentof the compensation for long delays and the Councillimitation basedof accommodation in particularextraordinary circumstances of long duration, issues concerning the interpretation of extraordinary circumstances, the statistics published by the National Enforcement Bodies on reportstheir fromactivities, including on sanctions and their findings regarding suspected infringing practices by air carriers, the nationalprogress enforcementmade in establishing national bodies responsible for the out-of-court resolution of disputes and resultsthe fromactivities itsof inspections.the latter. The Commission shall also report shall,on wherethe necessary,enhanced protection of air passengers on flights from third countries operated by non Union carriers, in the context of international air transport agreements. In addition, the Commission shall report on the effectiveness of the measures taken and sanctions imposed by the bodies referred to in Article 16 and the possible need for a harmonised approach; the report shall be accompanied bywhere appropriatenecessary by legislative proposals."proposals.’ / (deleted) / (deleted) / (deleted)

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Change 49

RemovedArticle 1 – point 7 a (new): (7a) Annex Ia to this Regulation is added as Annex IIa.

Regulation (EC) No 1107/2006

Change 50

ChangedArticle 2 – paragraph 1 – point -1 (new), Article 2 – paragraph 1 – point l a (new): (-1) Inin Article 22(1), the following definitionpoint is added:added /: (l/ a)(la) ‘service quality standards’ means key performance indicators measuring howlevels passengerof rightsperformance areand implemented.”elements of compliance with passengers rights.”

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Regulation (EC) No 1107/2006

Change 51

ChangedArticle 2 – paragraph 1 – point -1 a (new), Article 2 – paragraph 1 – point l b (new): (-1 a)(-1a) in Article 2,2(1), the following definitionpoint is added: / ‘(l b)‘(lb) “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

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Regulation (EC) No 1107/2006