Changes from report parliamentary committee draft to plenary report

Change 52

RemovedArticle 2 – paragraph 1 – point 2, Article 10a – title: Service quality standards

AddedArticle 2 – paragraph 1 – point -1 b (new), Article 2 – paragraph 1 – point l c (new): (-1b) in Article 2(1), the following point is added : / ‘(lc) "‘accessible format’ means a format that gives a person with disabilities or with reduced mobility access to any relevant information, including allowing such a person to have access to such information as easily and comfortably as a person without any impairments or disabilities, and that meets accessibility requirements defined in accordance with the applicable law, in particular with Annex I to Directive (EU) 2019/882;

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Regulation (EC) No 1107/2006

Change 53

RemovedArticle 2 – paragraph 1 – point 2, Article 10a – paragraph 2: 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.

AddedArticle 2 – paragraph 1 – point 1, Article 4 – paragraph 2: Air carriers, their agents or a tour operator shall ensure that such an accompanying person travels free of charge and, where practicable, sits next to the person with disabilities or to the person with reduced mobility, if it is necessary for safety reasons for that person to be accompanied during the flight.

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Change 54

RemovedArticle 2 – paragraph 1 – point 2, Article 10a – paragraph 2 a (new): 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;

AddedArticle 2 – paragraph 1 – point 2, Article 10a - title: Service quality standards

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Change 55

RemovedArticle 2 – paragraph 1 – point 2 a (new), Article 12: (2a) Article 12 is replaced by the following: / "Article 12 / Compensation in respect of mobility equipment, assistive devices and recognised assistance dogs’ / 1. Where air carriers and airport managing bodies cause the loss of, or damage to, mobility equipment, including wheelchairs, and assistive devices, or the loss of, or injury to, 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."

AddedArticle 2 – paragraph 1 – point 2, Article 10a – paragraph 1: 1. Air carriers shall establish service quality standards and implement a quality management system to maintain and improve service quality. The service quality standards shall at least cover the items listed in Annex III.

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Regulation (EC) No 1107/2006

Change 56

RemovedArticle 2 – paragraph 1 – point 2 b (new), Article 14 – title: (2b) In Article 14, the title is replaced by the following / Designation of national enforcement bodies"

AddedArticle 2 – paragraph 1 – point 2, Article 10a – paragraph 2 a (new): 2a. Airport managing bodies located in a Member State shall establish service quality standards based at least on the relevant items listed in Annex III. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities;

AddedRegulation (EC) No 1107/2006

AddedArticle 2 – paragraph 1 – point 2 a (new), Article 12: (2a) Article 12 is replaced by the following: / ‘Article 12 / Compensation in respect of mobility equipment, assistive devices and recognised assistance dogs / 1. Where air carriers or airport managing bodies, including ground operators, 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. / 3. Where it cannot be proven or it…

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Change 57

ChangedArticle 2 – paragraph 1 – point 2 b (new), Article 1414: –(2b) paragraphArticle 1:14 (2is b)replaced Inby Articlethe 14,following: paragraph/ 1‘Article is14 replaced/ byDesignation theof following: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 disabled persons and persons with reduced mobility are respected, including compliance with the quality standards referred to in Article 9(1). Eachrespected bodyand shall be independent in its organisation, funding decisions, legal structure and decision-making of from any air carrier, airport managing body and intermediary. / 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."websites.’

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Regulation (EC) No 1107/2006

Change 58

ChangedArticle 2 – paragraph 1 – point 2 c (new), Article 14 -a (new): (2c) the following Article 14 -aarticle 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. / TheStates.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…activity, includi…

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Change 59

ChangedArticle 2 – paragraph 1 – point 3, Article 14a – title: Tasks of national enforcement bodies related to risk-based approach concerning monitoring of compliance with passenger rights

Regulation (EC) No 1107/2006

Change 60

ChangedArticle 2 – paragraph 1 – point 3, Article 14a – 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,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.

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Change 61

ChangedArticle 2 – paragraph 1 – point 3, Article 14a – 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 14a.16a

Regulation (EC) No 1107/2006

Article 2 – paragraph 1 – point 3, Article 14b: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Change 62

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

Regulation (EC) No 1107/2006

Change 63

RemovedArticle 2 – paragraph 1 – point 3, Article 14c – title: Information about alternative dispute resolution other redress mechanisms by national enforcement bodies

AddedArticle 2 – paragraph 1 – point 3, Article 14c – 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].

RemovedRegulation (EC) No 1107/2006

RemovedArticle 2 – paragraph 1 – point 3, Article 14c – paragraph 1: 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.

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

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Change 64

ChangedArticle 2 – paragraph 1 – point 3, Article 14d – paragraph 2 b (new): 2b. At the request of a Member State, a National Enforcement body, 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.

Change 65

RemovedRegulation (EC) No 1107/2006

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

Regulation (EC) No 1107/2006

Change 66

RemovedArticle 2 – paragraph 1 – point 3 b (new), Article 15: (3b) Article 15 is replaced by the following: / "Article 15 / Complaint / 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. 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. 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. Details of the complaint-handling procedure shall be accessible to the public, including to perso…

AddedArticle 2 – paragraph 1 – point 3, Article 14d – paragraph 2 c (new): 2c. The Commission may, where appropriate, adopt guidelines with a view to promote common application and, where necessary, propose amendments to this Regulation to the European Parliament and Council under article 27 of this Regulation.

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Change 67

RemovedArticle 2 – paragraph 1 – point 3 c (new), Article 15 a (new): (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…

AddedArticle 2 – paragraph 1 – point 3, Article 14d a (new): 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.

AddedRegulation (EU) No 1107/2006

AddedArticle 2 – paragraph 1 – point 3 a (new), Article 15: (3a) Article 15 is replaced by the following: / ‘Article 15 / Complaint-handling / 1. Each air carriers and airport managing bodies 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. 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 one year from the date on which the flight was performed or was scheduled to be performed. / 3. Within seven 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…

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Change 68

RemovedArticle 2 – paragraph 1 – point 3 d (new), Article 15 b (new): (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

AddedArticle 2 – paragraph 1 – point 3 b (new), Article 15a (new): (3b) the following article , 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 no later than one year from receiving information on the rejection of the original complaint by the air carrier. / 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 in acce…

RemovedRegulation 1107/2006

RemovedArticle 2 – paragraph 1 – point 3 e (new), Article 16: (3e) Article 16 is replaced by the following: / "Article 16 / 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 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."