Changes from report parliamentary committee draft to plenary report

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Regulation (EC) No 1107/2006

Change 69

ChangedArticle 2 – paragraph 1 – point 43 ac (new), Article 17:16: (4a)(3c) Article 1716 is replaced by the following: / "Article‘Article 1716 / EveryMember fiveStates yearsshall thelay Commissiondown shallthe makerules aon reportpenalties onapplicable theto implementationinfringements of this Regulation toand theshall Europeantake Parliamentall andmeasures thenecessary Councilto basedensure inthat particularthey onare reportsimplemented. fromThe thepenalties nationalprovided enforcementfor bodiesshall be effective, proportionate and resultsdissuasive. fromMember itsStates inspections.shall Thenotify reportthe shall,Commission whereof necessary,those berules accompaniedand bymeasures appropriateand legislativeshall proposals."notify it without delay of any subsequent amendment affecting them.’

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Regulation (EC) No 1177/2010

Change 70

ChangedArticle 3 – paragraph 1 – point -1 (new), Article 3 – paragraph 1 – point u a (new): (-1) Inin Article 3,3(1), the following definitionpoint is added:added : / (ua)‘(ua) ‘service quality standards’ means key performance indicators measuring howlevels passengerof rightsperformance areand implemented.”elements of compliance with passengers rights.’

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Regulation (EU) No 1177/2010

Change 71

ChangedArticle 3 – paragraph 1 – point -1 a (new), Article 3 – paragraph 1 – point u b (new): (-1a) Inin Article 3,3(1), the following definitionpoint is added:added / (ub)‘(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.exist.’

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Regulation (EU) No 1177/2010

Change 72

AddedArticle 3 – paragraph 1 – point -1 b (new), Article 3 – paragraph 1 – point u c (new): (-1b) in Article 3(1), the following point is added : / ‘(uc) ‘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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AddedRegulation (EU) No 1177/2010

AddedArticle 3 – paragraph 1 – point 1 – point a a (new), Article 16 – paragraph 3: (aa) paragraphs 3 is replaced by the following: / ‘3. The carrier or, where appropriate, the terminal operator, shall ensure that persons with disabilities and reduced mobility receive the information required under paragraphs 1 and 2 in accessible format.’

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AddedRegulation (EU) No 1177/2010

Article 3 – paragraph 1 – point 1 – point b, Article 16 – paragraph 4: 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.;

Regulation (EU) No 1177/2010

Change 73

ChangedArticle 3 – paragraph 1 – point 2, Article 19a – paragraph 1 a1: (new):1. 1a.The CarriersCommission shall automaticallyadopt sendan toimplementing passengersact theestablishing a common form for reimbursement and compensation requests as(the defined‘common form’) under Articles 18 and 19. That common form shall be established in Articlean 1accessible format and available in theall caseUnion oflanguages. aThat cancellationimplementing oract ashall delaybe adopted in departureaccordance ofwith athe passengerexamination serviceprocedure orreferred ato cruisein asArticle defined38 in(2) Articlesof 18Regulation and(EU) 192021/782.17

Regulation (EU) No 1177/2010

Change 74

ChangedArticle 3 – paragraph 1 – point 2, Article 19a – paragraph 2: 2. Passengers shall have the right to submit their requests for compensation or reimbursement using the common form referred to in paragraph 1 or bya other(new): means.1a. Carriers shall not reject a request solely on the grounds that the passengerautomatically hassend notto usedpassengers the common form referred to in paragraph 1.for Passengersreimbursement shalland havecompensation therequests rightas todefined submitin theirparagraph request1 in at least the languagecase of thea booking.cancellation Ifor a request isdelay notin sufficientlydeparture precise,or thedelay carrierin shallarrival askof thea passenger to clarifyservice or complete the request anda shallcruise dulyas motivatedefined thein additionalArticles information18 and assist the passenger in doing so.19.

Regulation (EU) No 1177/2010

Change 75

RemovedArticle 3 – paragraph 1 – point 2, Article 19a – paragraph 3: 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.

AddedArticle 3 – paragraph 1 – point 2, Article 19a – paragraph 1 b (new): 1b. This requirement shall not apply to the air carriers and intermediaries where other automated electronic means of communication allowing passengers to request reimbursement or compensation exist, provided that such means offer the choice and information set out in the common form and are also available in in the language of the booking and in the language internationally accepted in this field.

Regulation (EU) No 1177/2010

Change 76

RemovedArticle 3 – paragraph 1 – point 4, Article 23a – paragraph 1: The information, and the correspondence, referred to in Articles 16, 22 and 23 shall be provided by electronic means, where technically possible.

AddedArticle 3 – paragraph 1 – point 2, Article 19a – paragraph 2: 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 request for additional information and assist the passenger in doing so.

Regulation (EU) No 1177/2010

Change 77

RemovedArticle 3 – paragraph 1 – point 4, Article 23a – paragraph 2: 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.;

AddedArticle 3 – paragraph 1 – point 2, Article 19a – paragraph 3: 3. Without prejudice to paragraph 1a, carriers shall provide details clear information on their websites regarding the different electronic means that allow passengers to request reimbursement or compensation, such as an e-mail address, electronic forms or mobile applications, to which requests under paragraph 1 may be sent. Regardless of the electronic mean used, passengers shall be provided with electronic confirmation as proof that such a request has been submitted.

Regulation (EU) No 1177/2010

Change 78

RemovedArticle 3 – paragraph 1 – point 4 a (new), Article 24: (4a) Article 24 is replaced by the following: / "Article 24 / 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. / 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 mobi…

AddedArticle 3 – paragraph 1 – point 3 – point a – point i, Article 23 – paragraph 1: When selling tickets for services falling within the scope of this Regulation, carriers, ticket vendors, travel agents, tour operators and terminal operators shall, within their respective areas of competence, ensure that passengers are provided with appropriate and comprehensible information regarding their rights under this Regulation. The information shall be provided in an accessible format.

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RemovedArticle 3 – paragraph 1 – point 5, Article 24a – paragraph 2: 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.

Regulation (EU) No 1177/2010

Change 79

RemovedArticle 3 – paragraph 1 – point 5 a (new), Article 25: (5a) Article 25 is replaced by the following; / "Article 25 / Designation of national enforcement bodies / 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 and of its or their respective responsibilities. The Commission and the bodies designated shall publish that information on their websites." / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

AddedArticle 3 – paragraph 1 – point 4, Article 23a – paragraph 1: The information and the correspondence, referred to in Articles 16, 22 and 23 shall be provided by electronic means, where technically possible and in accesible format.

AddedRegulation (EU) No 1177/2010

AddedArticle 3 – paragraph 1 – point 4, Article 23a – subparagraph 2: 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 and communicate efficiently.

AddedRegulation (EU) No 1177/2010

AddedArticle 3 – paragraph 1 – point 4 a (new), Article 24: (4a) Article 24 is replaced by the following: / ‘Article 24 / Complaint-handling / 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. 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 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 carriers or terminal operators 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 service was performed or when a service should have been performed . / 3. Within seven working days of receiving the complaint, the addressee shall confirm the receipt of the complaint to the passenger. Within two month 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 rele…

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Regulation (EU) No 1177/2010

Change 80

RemovedArticle 3 – paragraph 1 – point 6, Article 25a – title: Tasks of national enforcement bodies related to the monitoring of compliance with passenger rights

AddedArticle 3 – paragraph 1 – point 5, Article 24a – paragraph 1: 1. Carriers, which are not SMEs, 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 V.

Regulation (EU) No 1177/2010

Change 81

RemovedArticle 3 – paragraph 1 – point 6, Article 25a – paragraph 4: 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.

AddedArticle 3 – paragraph 1 – point 5, Article 24a – paragraph 2: 2. Carriers, which are not SMEs, 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.

Regulation (EU) No 1177/2010

Change 82

RemovedArticle 3 – paragraph 1 – point 6, Article 25a – 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 26.

AddedArticle 3 – paragraph 1 – point 5 a (new), Article 25: (5a) Article 25 is replaced by the following : / ‘Article 25 / Designation of national enforcement bodies / 1. Each Member State shall designate a 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 from 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 and of its or their respective responsibilities. The Commission and the bodies designated shall publish that information on their websites.’

Regulation (EU) No 1177/2010

Change 83

RemovedArticle 3 – paragraph 1 – point 6, Article 25b: deleted / (deleted) / (deleted) / (deleted) / (deleted)

AddedArticle 3 – paragraph 1 – point 6, Article 25a – title: Tasks of national enforcement bodies related to risk-based approach concerning monitoring of compliance with passenger rights

RemovedProvisions already covered in other parts of the Regulation

Regulation (EU) No 1177/2010

Change 84

RemovedArticle 3 – paragraph 1 – point 6 a (new), Article 25 d (new): (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.