Changes from report parliamentary committee draft to plenary report

AddedArticle 4 – paragraph 1 – point 6, Article 25a – sparagraph 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 and in accesible format.

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RemovedArticle 4 – paragraph 1 – point 6 a (new), Article 26: (6a) Article 26 is replaced by the following: / "Article 26 / 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 seven 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 28 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 …

AddedArticle 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 operators, travel agents and ticket vendor. All means of communication shall enable the passenger to contact them quickly and communicate efficiently.’;

AddedRegulation (EU) No 181/2011

AddedArticle 4 – paragraph 1 – point 6 a (new), Article 26: (6a) Article 26 is replaced by the following: / ‘Article 26 / 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’ 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 relevant contact details…

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ChangedArticle 4 – paragraph 1 – point 7, Article 26a – paragraph 2: 2. Carriers1: shall1. monitorCarriers, theirwhich performanceare asnot reflectedSMEs, inshall theestablish service quality standards. Theystandards shalland publishimplement a report on their service quality performance on the Internet by [2 years after the day on which this Regulationmanagement becomessystem applicable],to andmaintain everyservice twoquality. yearsThe thereafter,service toquality bestandards availableshall at the same placeleast ascover the general information on passenger rights for bus and coach passengers. This report shallitems notlisted containin personalAnnex data.III.

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RemovedArticle 4 – paragraph 1 – point 7 a (new), Article 27: (7a) Article 27 is deleted

AddedArticle 4 – paragraph 1 – point 7, Article 26a – 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.

Removed(32011R0181)

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RemovedArticle 4 – paragraph 1 – point 7 b (new), Article 28: (7b) Article 28 is replaced by the following; / "Article 28 / 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 regular services from points situated on its territory and regular services from a third country to such points passenger services . / (deleted) / 2. Each body shall take the measures necessary to ensure that the rights of passengers are respected. / 3. 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 / 4. 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 4 – paragraph 1 – point 7 a (new), Article 27: (7a) Article 27 is deleted ;

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ChangedArticle 4 – paragraph 1 – point 7 cb (new), Article 28 -a (new): (7c) The28: following(7b) Article 28-a28 is insertedreplaced :by the following: / "Article‘Article 28-a28 / Complaint handlingDesignation byof national enforcement bodies and other bodies / 1. WithoutEach prejudiceMember toState theshall rightsdesignate ofa consumersNational toEnforcement seekBody alternativeor redressbodies pursuantresponsible tofor Directivethe 2013/11/EUenforcement of thethis EuropeanRegulation Parliamentas andregards ofregular theservices Councilfrom ,points aftersituated havingon complainedits unsuccessfullyterritory toand theregular carrierservices orfrom terminala operatorthird pursuantcountry to Article 26,such thepoints passenger may complain to the nationalservices. enforcement/ body(deleted) or/ any2. otherEach body designated under paragraph 1 of Article 28 within three months from receiving informationshall ontake the rejection ofmeasures thenecessary originalto complaintensure bythat the carrier or terminal operator.rights Whereof nopassengers replyare isrespected. received/ within3. threeEach monthsbody fromshall makingbe theindependent originalin complaint,its theorganisation, passengerfunding shalldecisions, havelegal thestructure rightand todecision-making complainof toany thecarrier nationalor enforcementterminal bodyoperator or any other body designatedcommercial underinterests paragraph/ 2.(deleted) / Where necessary,4. thatMember bodyStates 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 infringementCommission of this Regulation at any terminal operator on the territory of a Member State. / 3. The national enforcement body or any other bodybodies designated underin paragraphaccordance 2with shallthis acknowledgeArticle receiptand of the complaint within twoits weeksor oftheir receivingrespective it.responsibilities. The complaint-handling procedure shall take a maximum of three months from the date of the establishmentCommission ofand the complaint file. The complaint-handlingbodies proceduredesignated shall bepublish madethat accessibleinformation toon …their websites.’

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ChangedArticle 4 – paragraph 1 – point 8, Article 28a – title: TaskTasks of national enforcement bodies related to therisk-based approach concerning monitoring of compliance with passenger rights

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ChangedArticle 4 – paragraph 1 – point 8, Article 28a – 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.identified

▸4 unchanged paragraphs

Regulation (EU) No 181/2011

Article 4 – paragraph 1 – point 8, Article 28a – 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 29.

Regulation (EU) No 181/2011

Article 4 – paragraph 1 – point 8, Article 28b: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Change 111

RemovedInformation already covered in other part of the Regulation.

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RemovedArticle 4 – paragraph 1 – point 8 a (new), Article 28 d (new): (8a) The following Article 28d is inserted: / Article 28d / 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 4 – paragraph 1 – point 8 a (new), Article 29: (8a) Article 29 is replaced by the following: / ‘Article 29 / 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 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 28 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. / 4. The National Enforcement Body shall disseminate such information to the bodies designated for alternative dispute resolution pursuant to this Regulation, where available. / 5. National Enforcement Bodies shall be able to take enforcement actions based on individual complaints as defined in Article 28. / 6. The National Enforcement Bodies shall perform a monitoring of compliance with passenger rights as lai…

Added(32011R0181)

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ChangedArticle 4 – paragraph 1 – point 8 b (new), Article 29:29 (8b)a Article(new 29): is(8b) replacedThe byfollowing thearticle following:is inserted: / "Article 2929a / EnforcementComplaint taskshandling /by 1.national Theenforcement Nationalbodies Enforcementand Bodyother shallbodies closely/ monitor1. complianceWithout withprejudice thisto Regulationthe andrights shallof takeconsumers theto measuresseek necessaryalternative redress pursuant to ensureDirective that2013/11/EU of the rightsEuropean Parliament and of passengersthe areCouncil upheld., Forafter thishaving purpose,complained carriersunsuccessfully andto the carrier or terminal operatorsoperator shallpursuant provideto Article 26, the passenger may complain to the national enforcement body withor relevantany documentsother andbody informationdesignated atunder theirparagraph request1 withinof oneArticle month28 ofno itslater request.than Inone carryingyear outfrom theirreceiving functions,information theon nationalthe enforcementrejection bodiesof shallthe takeoriginal accountcomplaint ofby the informationcarrier submittedor toterminal themoperator. byWhere thenecessary, otherthat body designatedshall inform the complainant about his or her right to handlecomplain complaintsto asalternative defineddispute inresolution Articlebodies 28to paragraphseek 1.individual redress. / 2. MonitoringAny activitiespassenger may be performedcomplain jointlyabout byan nationalalleged enforcementinfringement bodiesof inthis theRegulation eventat ofany airterminal servicesoperator betweenon twothe orterritory severalof EUa Member States. 3State. / 3. MemberThe Statesnational shallenforcement ensurebody thator theirany respectiveother Nationalbody Enforcementdesignated Bodiesunder areparagraph given2 sufficientshall poweracknowledge toreceipt penaliseof effectivelythe withcomplaint infringements.within /two 4.weeks Nationalof Enforcementreceiving Bodiesit. shallThe becomplaint-handling ableprocedure toshall take enforcementa actionsmaximum basedof onthree individualmonths complaintsfrom asthe defineddate inof Articlethe 28.establishment /of 5.the Thecomplaint Nationalfile. EnforcementThe Bodiescomplaint-handling procedure shall performbe amade monitoringaccessible ofto compliancepersons with passenger rights asdisabilities laidand downto inpersons Articlewith 28a.reduced /mobility 6.in Everyaccessible twoformat. years,/ the4. nationalWhere enforcementa bodiescomplaint shallrelates publishto reportsalleged withinfringements statisticsby onterminal theiroperator, activity,the includingcomplaint onshall penaltiesbe appliedhandled by 30 June of the following calendarnational year."enforce…

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ChangedArticle 4 – paragraph 1 – point 8 c (new), Article 30:29 (8c)b Article(new): 30(8c) isThe replacedfollowing byarticle theis following:inserted: / "Article 3029b / 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 28of the Regulation and 28bis,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 28bismeasures 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"

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RemovedArticle 4 – paragraph 1 – point 9, Article 30a – 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 31a.

AddedArticle 4 – paragraph 1 – point 8 d (new), Article 30: (8d) Article 30 is replaced by the following: / ‘Article 30 / Exchange of information and cross-border cooperation between national enforcement bodies / 1. Where different bodies are designated under Article 28, 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 28bis 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.’

Added(32011R0181)

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ChangedArticle 4 – paragraph 1 – point 9, Article 30a – paragraph 2 b (new): 2b. At the request of a Member State, or on its own(new): initiative,2a. theThe Commission shall examine cases where differences in thesupport applicationdialogue and enforcement of any of the provisions of this Regulationpromote arise.cooperation /between Member States shall provide annually a report on their activities to the Commission, at the latest atconcerning thenational endinterpretation ofand Aprilapplication 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 inthis accordanceRegulation withthrough the procedureCommittee referred to in Article 31b.16a.

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RemovedArticle 4 – paragraph 1 – point 9 a (new), Article 31: (9a) Article 31 is replaced by the following: / "Article 31 / 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 30 the national enforcement body which is competent for the purposes of Article 28bis (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."

AddedArticle 4 – paragraph 1 – point 9, Article 30a – 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.

AddedRegulation (EU) No 181/2011

AddedArticle 4 – paragraph 1 – point 9, Article 30a – 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 26 of this Regulation.

AddedRegulation (EU) No 181/2011

AddedArticle 4 – paragraph 1 – point 9 a (new), Article 31: (9a) Article 31 is replaced by the following: / ‘Article 31 / 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 30 the national enforcement body which is competent for the purposes of Article 28 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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ChangedArticle 4 – paragraph 1 – point 10 a (new), Article 32: (10a) Article 32 is replaced by the following: / "Article‘Article 32 / 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."proposals.’

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Regulation (EU) No 2021/782

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ChangedArticle 5 – paragraph 1 – point -1 (new), Article 3 – paragraph 1 – point 22 a (new): (-1) in Article 3,3(1), the following definitionpoint is added:added : / (22a)’(22a) 'recognised‘recognised assistance dog'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.’

Added(32021R0782)

Regulation (EU) No 2021/782