Changes from report parliamentary committee draft to plenary report

AddedArticle 3 – paragraph 1 – point 6, Article 25a – 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.

Regulation (EU) No 1177/2010

Change 85

RemovedArticle 3 – paragraph 1 – point 6 b (new), Article 26: (6b) Article 26 is replaced by the following: / "Article 26 / 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, 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. …

AddedArticle 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.

AddedRegulation (EU) No 1177/2010

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

AddedRegulation (EU) No 1177/2010

AddedArticle 3 – paragraph 1 – point 6 a (new), Article 26: (6a) Article 26 is replaced by the following: / ‘Article 26 / 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, 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 infringements. National Enforcement Bodies shall be able to take enforcement actions based on individual complaints as defined in Article 26a. / 4. In the event that the carrier invokes extraordinary circumstances as a justification for refusing compensation under this Regulation, the carrier shall substantiate its claim by providing adequate evidence on those circumstances and related technical issues to the NEB within 48 hours. Furthermore, the carrier shall demonstrate that all reasonable measures were taken to prevent the cancellation or delay of the passe…

(32010R1177)

Regulation (EU) No 1177/2010

Change 86

ChangedArticle 3 – paragraph 1 – point 6 cb (new), Article 26 a (new): (6c)(6b) the following Article 26aarticle is inserted : / "Article‘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 25no withinlater threethan monthsone year 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…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 infringements by terminal operator, the complaint shall be handled by the national enforcement bo…

(32010R1177)

Regulation (EU) No 1177/2010

Change 87

ChangedArticle 3 – paragraph 1 – point 6 dc (new), Article 27:26 (6d)b Article(new): 27(6c) isthe replacedfollowing byarticle theis following:inserted : / "ArticleArticle 2726b / ExchangeInspections of informationnational andenforcement cross-borderbodies cooperation/ between1. The Commission may conduct inspections of national enforcement bodies /in 1.order Whereto differentmonitor bodiesthe areapplication designatedby underMember ArticlesStates 25of the Regulation and 26a,to reportingmake mechanismsrecommendations shallto beimprove setits upenforcement. to/ ensure2. theThe exchangeCommission ofshall informationin betweengood them,time inbefore accordancean withinspection Regulationinform (EU)the 2016/679,Member inState orderconcerned tothereof. help/ the3. nationalEach enforcementCommission bodyinspection report shall be communicated to carrythe outnational itsenforcement tasksauthority of supervisionthe andMember enforcement,State andconcerned, sowhich thatshall, thein complaint-handlingits bodyanswer, designatedset underout Articlethe 26ameasures cantaken collectto remedy the informationnon-compliances necessaryidentified toand examineaddress individualthe complaints.recommendations. / 2.4. NationalThe enforcementreport, bodiestogether shallwith exchangethe informationanswer onof theirthe worknational andenforcement decision-makingbody, principlesshall andsubsequently practicesbe forcommunicated theto purposethe ofnational coordination.enforcement Thebodies Commissionof shallthe supportother themMember inStates, thatwhere task."appropriate.

Change 88

AddedRegulation (EU) No 1177/2010

AddedArticle 3 – paragraph 1 – point 6 d (new), Article 27: (6d) Article 27 is replaced by the following: / ‘Article 27 / Exchange of information and cross-border cooperation between national enforcement bodies / 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.’

(32010R1177)

Regulation (EU) No 1177/2010

Change 89

ChangedArticle 3 – paragraph 1 – point 7, Article 27a – paragraph 12 a (new): 1a. At the request of a Member State, or2a. onThe itsCommission ownshall initiative,support thedialogue Commissionand shallpromote examinecooperation casesbetween whereMember differencesStates inconcerning thenational applicationinterpretation and enforcementapplication of anythis ofRegulation through the provisionsCommittee ofreferred thisto Regulationin arise.Article 16a.

Regulation (EU) No 1177/2010

Change 90

ChangedArticle 3 – paragraph 1 – point 7, Article 27a – paragraph 2 ab (new): 2a.2b. TheAt Commissionthe shallrequest supportof dialoguea andMember promoteState, cooperationa betweenNational MemberEnforcement Statesbody, concerningor nationalon interpretationits andown applicationinitiative, ofthe thisCommission Regulationshall throughexamine cases where differences in the Committeeapplication referredand toenforcement inof Articleany 28a.of the provisions of this Regulation arise.

Regulation (EU) No 1177/2010

Change 91

ChangedArticle 3 – paragraph 1 – point 7, Article 27a – paragraph 2 bc (new): 2b.2c. MemberThe StatesCommission shallmay, providewhere annuallyappropriate, aadopt reportguidelines onwith theira activitiesview to the Commission, at the latest at the end of April of the following calendar year.promote Thecommon Commissionapplication mayand, decidewhere onnecessary, thepropose issuesamendments to be addressed in these reports via implementing acts. Those implementing actsthis shallRegulation beto adoptedthe inEuropean accordanceParliament withand theCouncil procedureunder referredarticle to27 inof Articlethis 28a.Regulation.

Regulation (EU) No 1177/2010

Change 92

ChangedArticle 3 – paragraph 1 – point 7 a (new), Article 28: (7a) Article 28 is replaced by the following : / "Article‘Article 28 / 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 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."penalties.’

(32010R1177)

Regulation (EU) No 1177/2010

Change 93

ChangedArticle 3 – paragraph 1 – point 8 a (new), Article 29: (8a) Article 29 is replaced by the following: / "Article 29 / 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."

(32010R1177)

Regulation (EU) No 181/2011

Change 94

ChangedArticle 4 – paragraph 1 – point -1 (new), Article 3 – paragraph 1 – point q a (new): (-1) In Article 3,3(1), the following definitionpoint is added:added : / (qa)‘(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.’exist. ‘

Added(32011R0181)

Regulation (EU) No 181/2011

Change 95

ChangedArticle 4 – paragraph 1 – point -1 a (new), Article 3 – paragraph 1 – point q b (new): (-1a) In Article 3,3(1), the following definitionpoint is added:added /: (qb)/ ‘service‘(qb) quality‘accessible standards’format’ means keya performanceformat indicatorsthat measuringgives howa passengerperson rightswith aredisabilities implemented.”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;’

Added(32011R0181)

Regulation (EU) No 181/2011

Change 96

ChangedArticle 4 – paragraph 1 – point 1,-1 b (new), Article 19a3 – paragraph 1 a– (new):point 1a.q Carriersc shall(new): automatically(-1b) sendIn toArticle passengers3(1), the common form for reimbursementfollowing andpoint compensationis requestsadded as: defined/ in‘(qc) Article‘service 1quality instandards’ themeans casekey ofperformance aindicators cancellationmeasuring orlevels aof delayperformance inand departureelements asof definedcompliance inwith Articlepassengers 19.rights.’

Added(32011R0181)

Regulation (EU) No 181/2011

Change 97

ChangedArticle 4 – paragraph 1 – point 1, Article 19a – paragraph 2: 2. Passengers shall have the right1: to1. submitThe theirCommission requestsshall foradopt compensationan orimplementing reimbursementact usingestablishing thea common form referred to in paragraph 1 or by other means. Carriers shall not reject a requestfor solelyreimbursement onand thecompensation groundsrequests thatunder theArticle passenger19 hasof notthis usedRegulation. theThat common form referred to in paragraph 1. Passengers shall have the right to submit theirbe requestestablished in at least the language ofan theaccessible booking.format Ifand aavailable requestin isall notUnion sufficientlylanguages. precise,That theimplementing carrieract shall ask the passengerbe toadopted clarifyin oraccordance completewith the request and shallexamination dulyprocedure motivatereferred theto additionalin informationArticle and38 assist(2) theof passengerRegulation in(EU) doing2021/78219 so..

Regulation (EU) No 181/2011

Change 98

ChangedArticle 4 – paragraph 1 – point 1, Article 19a – paragraph 3:1 3.a Without(new): prejudice1a. toCarriers paragraphshall 1a,automatically carrierssend shallto providepassengers detailsthe oncommon theirform websitefor suchreimbursement and compensation requests as andefined e-mailin address,paragraph to1 whichin requeststhe undercase paragraphof 1a maycancellation beor senta bydelay electronicin means.departure as defined in Article 19.

Regulation (EU) No 181/2011

Change 99

AddedArticle 4 – paragraph 1 – point 1, 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 and in the language internationally accepted in this field. 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.

AddedRegulation (EU) No 181/2011

AddedArticle 4 – paragraph 1 – point 1, Article 19a – paragraph 3: 3. Without prejudice to paragraph 1a, carriers 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, to which requests may be sent. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. Regardless of the electronic mean used, passengers shall be provided with electronic confirmation as proof that such a request has been submitted.

AddedRegulation (EU) No 181/2011

AddedArticle 4 – paragraph 1 – point 2 – point a, Article 20 – paragraph 1 a (new): 1a. Carriers and intermediaries which are SMEs shall be exempted from the provisions on real-time information under this Article, in particular with regard to the time limit of 30 minutes.

AddedRegulation (EU) No 181/2011

Article 4 – paragraph 1 – point 2 – point b, Article 20 – paragraph 4: 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.;

Regulation (EU) No 181/2011

Change 100

RemovedArticle 4 – paragraph 1 – point 4 – point a, Article 24 – first sentence: 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.

AddedArticle 4 – paragraph 1 – point 2 a (new), Article 21: (2a) Article 21 is replaced by the following: / ‘Article 21 / 1. For a journey of a scheduled duration of more than 3 hours the carrier shall, in case of cancellation or delay in departure from a terminal of more than 90 minutes, offer the passenger free of charge: / 1a. Assistance must be provided proactively, without requiring a request from the passenger. It shall be offered in accessible formats and in the language of booking, including through announcements, SMS, and digital notifications. / 1b. Special attention must be paid to the needs of passengers with disabilities, reduced mobility, older persons, children, and other vulnerable travellers. Assistance shall be inclusive, dignified, and respect personal autonomy. / 1c. National Enforcement Bodies shall actively monitor compliance with this Article and impose sanctions for repeated failures, under Article 28.’

Regulation (EU) No 181/2011

Change 101

ChangedArticle 4 – paragraph 1 – point 5,4 – point a, Article 2524 – paragraphfirst 1sentence: –Carriers subparagraphand 2:terminal Thismanaging informationbodies shallshall, alsowithin betheir providedrespective byareas electronicof meanscompetence, viaprovide thepassengers passengerwith contactadequate detailsinformation sharedthroughout withtheir thetravel carrierin or,formats wherewhich appropriate,are accessible to all and in the terminalsame operator,languages whenas purchasingthose thein ticket.which information is generally made available to all passengers. This information shall also be displayedprovided viaby electronic means atmeans, terminalswhere and,technically wherepossible. applicable,Where onproviding thesuch Internet.information Atby theelectronic requestmeans ofis anot personfeasible, withcarriers disabilitiesshall orensure persondirect withassistance reducedto mobilitypassengers thesuch informationas shallavailability beof provideda inphysical anpoint accessibleof format.’;contact.

Regulation (EU) No 181/2011

Change 102

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

AddedArticle 4 – paragraph 1 – point 5, Article 25 – paragraph 1 – subparagraph 2: 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.

Regulation (EU) No 181/2011

Change 103

RemovedArticle 4 – paragraph 1 – point 6, Article 25a – paragraph 2: 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.;