1989R2299 — EN — 11.12.1993 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EEC)No 2299/89
of 24 July 1989
on a code of conduct for computerized reservation systems
(OJ L 220, 29.7.1989, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EEC) No 3089/93 of 29 October 1993 L 278 1 11.11.1993
Corrected by:
►C1Corrigendum, OJ L 17, 25.1.1995, p. 18 (3089/93)
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▼B
COUNCIL REGULATION (EEC)No 2299/89
of 24 July 1989
on a code of conduct for computerized reservation systems
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European Economic
Community, and in particular Article 84 (2) thereof,
Havingreg ard to the proposal from the Commission(1),
Havingreg ard to the opinion of the European Parliament(2),
Havingreg ard to the opinion of the Economic and Social Committee(3),
Whereas the bulk of airline reservations are made through computerized
reservation systems;
Whereas such systems can, if properly used, provide an important and
useful service to air carriers, travel agents and the travelling public byaffordingeasy access to up-to-date and accurate information on flig hts,fares and seat availability, makingreservations and, in some cases,issuingtickets and boardingpasses;
Whereas abuses in the form of denial of access to the systems or
discrimination in the provision, loadingor display of data or unreason-able conditions imposed on participants or subscribers can seriouslydisadvantage air carriers, travel agents and ultimately consumers;
Whereas this Regulation is without prejudice to the application of
Articles 85 and 86 of the Treaty;
Whereas Commission Regulation (EEC) No 2672/88 (
4) exempts for the
provisions of Article 85 (1) of the Treaty agreements for the commonpurchase, development and operation of computerized reservationsystems;
Whereas a mandatory code of conduct applicable to all computerized
reservation systems and/or distribution facilities offered for use and/orused in the Community could ensure that such systems are used in anon-discriminatory and transparent way, subject to certain safeguards,so avoidingtheir misuse while reinforcingundistorted competitionbetween air carriers and between computerized reservation systems andthereby protectingthe interests of consumers;
Whereas it would not be appropriate to impose obligations on a compu-
terized reservation system vendor or on a parent or participatingcarrierin respect of an air carrier of a third country which, alone or jointly withothers, owns and/or controls another such system which does notconform with this code or offer equivalent treatment;
Whereas a complaints investigation and enforcement procedure for non-
compliance with such a code is desirable,
HAS ADOPTED THIS REGULATION:
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Article 1
This Regulation shall apply to computerized reservation systems to the
extent that they contain air transport products, when offered for useand/or used in the territory of the Community, irrespective of:
(1) OJ No C 294, 18. 11. 1988, p. 12.
(2) OJ No C 158, 26. 6. 1989.
(3) OJ No C 56, 6. 3. 1989, p. 32.
(4) OJ No L 239, 30. 8. 1988, p. 13.
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— the status or nationality of the system vendor,
— the source of the information used or the location of the relevant
central data processingunit,
— the geographical location of the airports between which air carriage
takes place.
Article 2
For the purposes of this Regulation:
(a) ‘unbundled air transport product' means the carriage by air of a
passenger between two airports, including any related ancillaryservices and additional benefits offered for sale and/or sold as anintegral part of that product;
(b) ‘bundled air transport product'means a prearranged combination of
an unbundled air transport product with other services not ancillaryto air transport, offered for sale and/or sold at an inclusive price;
(c) ‘air transport product'means both unbundled and bundled air trans-
port products;
(d) ‘scheduled air service'means a series of flights all possessing the
followingcharacteristics;
— performed by aircraft for the transport of passengers or passen-
gers and cargo and/or mail for remuneration, in such a mannerthat seats are available on each flight for individual purchase byconsumers either directly from the air carrier or from its author-ized agents),
— operated so as to serve traffic between the same two or more
points, either;
1. accordingto a published timetable: or2. with flights so regular or frequent that they constitute a
recognizably systematic series;
(e) ‘fare'means the price to be paid for unbundled air transport prod-
ucts and the conditions under which this price applies;
(f) ‘computerized reservation system' (CRS) means a computerized
system containinginformation about, inter alia, air carriers’
— schedules,
— availability,— fares, and— related services,
with or without facilities through which:
— reservations may be made, or
— tickets may be issued,
to the extent that some or all of these services are made available to
subscribers;
(g) ‘distribution facilities'means facilities provided by a system vendor
for the provision of information about air carriers’ schedules, avail-ability, fares and related services and for makingreservations and/or issuingtickets, and for any other related services;
(h) ‘system vendor'means any entity and its affilates which is or are
responsible for the operation or marketingof a CRS;
(i) ‘parent carrier' means any air carrier which directly or indirectly,
alone or jointly with others, owns or effectively controls a systemvendor, as well as any air carrier which it owns or effectivelycontrols;
(j) ‘effective control' means a relationship constituted by rights,
contracts or any other means which, either separately or jointly andhavingreg ard to the considerations of fact or law involved, conferthe possibility of directly or indirectly exercisinga decisive influ-ence on an undertaking, in particular by:
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— the right to use all or part of the assets of an undertaking,
— rights or contracts which confer a decisive influence on the
composition, votingor decisions of the bodies of an under-takingor otherwise confer a decisive influence on the runningof the business of the undertaking;
(k) ‘participatingcarrier'means an air carrier which has an ag reement
with a system vendor for the distribution of air transport productsthrough a CRS. To the extent that a parent carrier uses the facilitiesof its own CRS which are covered by this Regulation, it shall beconsidered a participatingcarrier;
(l) ‘subscriber'means a person or an undertaking, other than a partici-
patingcarrier, usingthe distribution facilities for air transportprodcts of a CRS under contract or other arrangement with asystem vendor;
(m) ‘consumer' means any person seekinginformation about and/or
intendingto purchase an air transport product;
(n) ‘principal display'means a comprehensive neutral display of data
concerningair services between city-pairs, within a specified timeperiod;
(o) ‘elapsed journey time' means the time difference between sched-
uled departure and arrival time;
(p) ‘service enhancement' means any product or service offered by a
system vendor on its own behalf to subscribers in conjunction witha CRS, other than distribution facilities.
Article 3
1. A system vendor shall have the capacity, in its own name as a
separate entity from the parent carrier, to have rights and obligations ofall kinds, to make contracts, inter alia with parent carriers, participating
carriers and subscribers, or to accomplish other legal acts and to sue andbe sued.
2. A system vendor shall allow any air carrier the opportunity to
participate, on an equal and non-discriminatory basis, in its distributionfacilities within the available capacity of the system concerned andsubject to any technical constraints outside the control of the systemvendor.
3. (a) A system vendor shall not:
— attach unreasonable conditions to any contract with a partici-
patingcarrier,
— require the acceptance of supplementary conditions which,
by their nature or accordingto commercial usag e, have noconnection with participation in its CRS and shall apply thesame conditions for the same level of service.
(b) A system vendor shall not make it a condition of participation in
its CRS that a participatingcarrier may not at the same time be aparticipant in another system.
(c) A participatingcarrier may terminate its contract with a system
vendor on giving notice which need not exceed six months, toexpire not before the end of the first year.
In such a case a system ►
C1the vendor shall not be entitled to
recover◄more than the costs directly related to the termination
of the contract.
4. If a system vendor has decided to add any improvement to the
distribution facilities provided or the equipment used in the provision ofthe facilities, it shall provide information on and offer these improve-ments to all participatingcarriers, includingparent carriers, with equaltimelines and on the same terms and conditions, subject to any technicalconstraints outside the control of the system vendor, and in such a waythat there will be no difference in leadtime for the implementation ofthe new improvements between parent and participatingcarriers.
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Article 3a
1. (a) A parent carrier may not discriminate against a competing CRS
by refusingto provide the latter, on request and with equaltimeliness, with the same information on schedules, fares andavailability relatingto its own air services as that which itprovides to its own CRS or to distribute its air transport productsthrough another CRS, or by refusing to accept or to confirm withequal timeliness a reservation made through a competing CRSfor any of its air transport products which are distributed throughits own CRS. The parent carrier shall be obliged to accept and toconfirm only those bookings which are in conformity with itsfares and conditions.
(b) The parent carrier shall not be obliged to accept any costs in this
connection except for reproduction of the information to beprovided and for accepted bookings.
(c) The parent carrier shall be entitled to carry out controls to ensure
that Article 5 (1) is respected by the competingCRS.
2. The obligation imposed by this Article shall not apply in favour of
a competingCRS when, in accordance with the procedures of Article 6(5) or Article 7 (3) or (4), it has been decided that the CRS is in breachof Article 4a or that a system vendor cannot give sufficient guaranteesthat obligations under Article 6 concerning unauthorized access ofparent carriers to information are complied with.
Article 4
1. Participatingcarriers and other providers of air transport products
shall ensure that the data which they decide to submit to a CRS areaccurate, non-misleading, transparent and no less comprehensive thanfor any other CRS. The data shall, inter alia , enable a system vendor to
meet the requirements of the rankingcriteria as set out in the Annex.
Data submitted via intermediaries shall not be manipulated by them in a
manner which would lead to inaccurate, misleadingor discriminatoryinformation.
2. A system vendor shall not manipulate the material referred to in
paragraph 1 in a manner which would lead to the provision of inaccu-rate, misleadingor discriminatory information.
3. A system vendor shall load and process data provided by partici-
patingcarriers with equal care and timeliness, subject only to theconstraints of the loadingmethod selected by individual participatingcarriers and to the standard formats used by the said vendor.
Article 4a
1. Loadingand/or processingfacilities provided by a system vendor
shall be offered to all parent and participatingcarriers without discrim-ination. Where relevant and generally accepted air transport industrystandards are available, system vendors shall offer facilities compatiblewith them.
2. A system vendor shall not reserve any specific loadingand/or
procesingprocedure or any other distribution facility for one or more ofits parent carrier(s).
3. A system vendor shall ensure that its distribution facilities are
separated, in a clear and verifiable manner, from any carrier’s privateinventory and management and marketing facilities. Separation may beestablished either logically by means of software or physically in such away that any connection between the distribution facilities and theprivate facilities may be achieved by means of an application-to-application interface only. Irrespective of the method of separationadopted, any such interface shall be made available to all parent andparticipatingcarriers on a non-discriminatory basis and shall provide
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equality of treatment in respect of procedures, protocols, inputs andoutputs. Where relevant and generally accepted air transport industrystandards are available, system vendors shall offer interfaces compatiblewith them.
Article 5
1. (a) Displays generated by a CRS shall be clear and non-discrimina-
tory.
(b) A system vendor shall not intentionally or negligently display
inaccurate or misleadinginformation in its CRS.
2. (a) A system vendor shall provide a principal display or displays for
each individual transaction through its CRS and shall includetherein the data provided by participatingcarriers on flig htschedules, fare types and seat availability in a clear and compre-hensive manner and without discrimination or bias, in particularas regards the order in which information is presented.
(b) A consumer shall be entitled to have, on request, a principal
display limited to scheduled or non-scheduled services only.
(c) No discrimination on the basis of airports servingthe same city
shall be exercised in constructingand selectingflig hts for agiven city-pair for inclusion in a principal display.
(d) Rankingof flig ht options in a principal display shall be as set out
in the Annex.
(e) Criteria to be used for rankingshall not be based on any factor
directly or indirectly relatingto carrier identity and shall beapplied on a non-discriminatory basis to all participatingcarriers.
3. Where a system vendor provides information on fares, the display
shall be neutral and non-discriminatory and shall contain at least thefares provided for all flights of participating carriers shown in theprincipal display. The source of such information shall be acceptable tothe participatingcarrier(s) and system vendor concerned.
4. Information on bundled products regarding, inter alia , who is
organizing the tour, availability and prices, shall not be featured in theprincipal display.
5. A CRS shall not be considered in breach of this Regulation to the
extent that it changes a display in order to meet the specific request(s)of a consumer.
Article 6
1. The followingprovisions shall g overn the availability of informa-
tion, statistical or otherwise, by a system vendor from its CRS:
(a) information concerningindividual booking s shall be provided on an
equal basis and only to the air carrier(s) participatingin the servicecovered by and to the subscriber(s) involved in the booking;
(b) any marketing, booking and sales data made available shall be on
the basis that:
(i) such data are offered with equal timeliness and on a non-
discriminatory basis to all participatingcarriers, includingparent carriers;
(ii) such data may and, on request, shall cover all participating
carriers and/or subscribers, but shall include no identificationof or personal information on a passenger or a corporate user;
(iii) all requests for such data are treated with equal care and
timeless, subject to the transmission method selected by theindividual carrier.
2. A system vendor shall not make personal information concerning
a passenger available to others not involved in the transaction withoutthe consent of the passenger.
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3. A system vendor shall ensure that the provisions in paragraphs 1
and 2 above are complied with, by technical means and/or appropriatesafeguards regarding at least software, in such a way that informationprovided by or created for air carriers can in no way be accessed by oneor more of the parent carriers except as permitted by this Article.
4. A system vendor shall, within three months of the entry into force
of this Regulation, make available on request to all participating carriersa detailed description of the technical and administrative measureswhich it has adopted in order to conform with this Article.
5. Upon receipt of the detailed description of the technical and
administrative measures which have been adopted or modified by asystem vendor, the Commission shall decide within three monthswhether the measures are sufficient to provide the safeguards requiredunder this Article. If not, the Commission’s decision may invoke theapplication of Article 3a (2). The Commission shall immediately informMember States of such a decision. Unless the Council, at the request ofa Member State, takes a different decision within two months of thedate of the Commission’s decision, the latter shall enter into force.
▼
B
Article 7
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1. The obligations of a system vendor under Articles 3 and 4 to 6shall not apply in respect of a parent carrier of a third country to theextent that its CRS outside the territory of the Community does notoffer Community air carriers equivalent treatment to that providedunder this Regulation and under Commission Regulation (EEC) No83/91 (
1).
2. The obligations of parent or participating carriers under Articles
3a, 4 and 8 shall not apply in respect of a CRS controlled by (an) aircarrier(s) of one or more third country (countries) to the extent thatoutside the territory of the Community the parent or participatingcarrier(s) is (are) not accorded equivalent treatment to that providedunder this Regulation and under Commission Regulation (EEC) No83/91.
▼
B
3. A system vendor or an air carrier proposingto avail itself of theprovisions of paragraphs 1 or 2 must notify the Commission of itsintentions and the reasons therefor at least 14 days in advance of suchaction. In exceptional circumstances, the Commission may, at therequest of the vendor or the air carrier concerned, grant a waiver fromthe 14-day rule.
4. Upon receipt of a notification, the Commission shall without delay
determine whether discrimination within the meaningof parag raphs 1and 2 exists. If this is found to be the case, the Commission shall soinform all system vendors or the air carriers concerned in theCommunity as well as Member States. If discrimination within themeaningof parag raph 1 or 2 does not exist, the Commission shall soinform the system vendor or air carriers concerned.
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M1
5. (a) In cases where serious discrimination within the meaningof
paragraph 1 or 2 is found to exist, the Commission may bydecision instruct CRSs to modify their operations►
C1appropriately in order ◄to terminate such discrim-
ination. The Commission shall immediately inform MemberStates of such a decision.
(b) Unless the Council, at the request of a Member State, takes
another decision within two months of the date of the Commis-sion’s decision, the latter shall enter into force.
(1) OJ No L 10, 15. 1. 1991, p. 9.
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Article 8
1. A parent carrier shall neither directly nor indirectly link the use of
any specific CRS by a subscriber with the receipt of any commission orother incentive or disincentive for the sale of air transport productsavailable on its flights.
2. A parent carrier shall neither directly nor indirectly require use of
any specific CRS by a subscriber for sale or issue of tickets for any airtransport products provided either directly or indirectly by itself.
3. Any condition which an air carrier may require of a travel agent
when authorizingit to sell and issue tickets for its air transport productsshall be without prejudice to paragraphs 1 and 2.
▼
B
Article 9
1. A system vendor shall make any of the distribution facilities of a
CRS available to any subscriber on a non-discriminatory basis.
2. A system vendor shall not require a subscriber to sign an exclusive
contract, nor directly or indirectly prevent a subscriber from subscribingto, or using, any other system or systems.
3. A service enhancement offered to any other subscriber shall be
offered by the system vendor to all subscribers on a non-discriminatorybasis.
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M1
4. (a) A system vendor shall not attach unreasonable conditions to any
subscriber contract allowingfor the use of its CRS and, inparticular, a subscriber may terminate its contract with a systemvendor by giving notice which need not exceed three months, toexpire not before the end of the first year.
In such a case, a system vendor shall not be entitled to recover
more than the costs directly related to the termination of thecontract.
(b) Subject to paragraph 2, the supply of technical equipment is not
subject to the conditions set out in (a).
5. A system vendor shall provide in each subscriber contract for:
(a) the principal display, conformingto Article 5, to be accessed for
each individual transaction, except where a consumer requestsinformation for only one air carrier or where the consumer requestsinformation for bundled air transport products alone;
(b) the subscriber not to manipulate material supplied by CRSs in a
manner which would lead to inaccurate, misleadingor discrimina-tory presentation of information to consumers.
6. A system vendor shall not impose an obligation on a subscriber to
accept an offer of technical equipment or software, but may require thatequipment and software used be compatible with its own system.
▼
B
Article 10
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1. Any fee charged by a system vendor shall be non-discriminatory,reasonably structured and reasonably related to the cost of the serviceprovided and used and shall, in particular, be the same for the samelevel of service.
The billingfor the services of a CRS shall be sufficiently detailed to
allow the participatingcarriers and subscribers to see exactly whichservices have been used and the fees therefor; as a minimum, bookingfee bills must include the followinginformation for each seg ment:
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— type of CRS booking,
— passenger name,— country,— IATA/ARC agency identification code,— city-code,— city pair or segment,— bookingdate (transaction date),— flight date,— flight number,— status code (bookingstatus),— service type (class of service),— PNR record locator,— booking/cancellation indicator.
The billinginformation shall be offered on mag netic media.A participatingair carrier shall be offered the facility of beinginformed
at the time that any booking/transaction is made for which a bookingfee will be charged. Where a carrier elects to be so informed, it shall beoffered the option to disallow such booking/transaction, unless the latterhas already been accepted.
2. A system vendor shall, on request, provide interested parties with
details of current procedures, fees and systems facilities, includinginterfaces, editingand display criteria used. However, this provisiondoes not oblige a system vendor to disclose proprietary informationsuch as software programmes.
▼
B
3. Any changes to fee levels, conditions or facilities offered and thebasis therefor shall be communicated to all participatingcarriers andsubscribers on a non-discriminatory basis.
Article 11
1. Actingon receipt of a complaint or on its own initiative, the
Commission shall initiate procedures to terminate infringement of theprovisions of this Regulation.
2. Complaints may be submitted by:
(a) Member States;
(b) natural or legal persons who claim a legitimate interest.
3. The Commission shall immediately forward to the Member States
copies of the complaints and applications and of all relevant documentssent to it or which it sends out in the course of such procedures.
Article 12
1. In carrying out the duties assigned to it by this Regulation, the
Commission may obtain all necessary information from the MemberStates and from undertakings and associations of undertakings.
2. The Commission may fix a time limit of not less than one month
for the communication of the information requested.
3. When sendinga request for information to an undertakingor
association of undertakings, the Commission shall forward a copy of therequest at the same time to the Member State in whose territory thehead office of the undertakingor association of undertaking s is situated.
4. In its request, the Commission shall state the legal basis and
purpose of the request and also the penalties for supplyingincorrectinformation provided for in Article 16 (1).
5. The owners of the undertakings or their representatives and, in the
case of legal persons or of companies, firms or associations not havinglegal personality, the person authorized to represent them by law or bytheir rules shall be bound to supply the information requested.
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Article 13
1. In carrying out the duties assigned to it by this Regulation, the
Commission may undertake all necessary investigations into undertak-ings and associations of undertakings. To this end, officials authorizedby the Commission shall be empowered:
(a) to examine the books and other business records;
(b) to take copies of, or extracts from, the books and business records;
(c) to ask for oral explanations on the spot;
(d) to enter any premises, land and vehicles used by undertakings or
associations of undertakings.
2. The authorized officials of the Commission shall exercise their
powers upon production of an authorization in writingspecifyingthesubject matter and purpose of the investigation and the penaltiesprovided for in Article 16 (1) in cases where production of the requiredbooks or other business records is incomplete. In good time before theinvestigation, the Commission shall inform the Member State, in whoseterritory the same is to be made, of the investigation and the identity ofthe authorized officials.
3. Undertakings and associations of undertakings shall submit to
investigations ordered by decision of the Commission. The decisionshall specify the subject matter and purpose of the investigation, appointthe date on which it is to begin and indicate the penalties provided forin Article 16 (1) and the right to have the decision reviewed in theCourt of Justice.
4. The Commission shall take the decisions mentioned in paragraph
3 after consultation with the Member State in the territory of which theinvestigation is to be made.
5. Officials of the Member State in the territory of which invest-
igation is to be made may assist the Commission officials in carryingout their duties, at the request of the Member State or of the Commis-sion.
6. Where an undertakingopposes an investig ation ordered pursuant
to this Article, the Member State concerned shall afford the necessaryassistance to the officials authorized by the Commission to enable themto make their investigation.
Article 14
1. Information acquired as a result of the application of Articles 12
and 13 shall be used only for the purposes of the relevant request orinvestigation.
2. Without prejudice to Articles 11 and 20, the Commission and the
competent authorities of the Member States, their officials and otherservants shall not disclose information of a kind covered by the obliga-tion of professional secrecy which has been acquired by them as a resultof the application of this Regulation.
3. Paragraphs 1 and 2 shall not prevent publication of general infor-
mation or of surveys which do not contain information relatingtoparticular undertakings or associations of undertakings.
Article 15
1. When an undertakingor association of undertaking s does not
supply the information requested within the time limit fixed by theCommission or supplies incomplete information, the Commission shallby decision require the information to be supplied. The decision shallspecify what information is required, fix an appropriate time limitwithin which it is to be supplied and indicate the penalties provided forin Article 16 (1) as well as the right to have the decision reviewed bythe Court of Justice.
2. At the same time the Commission shall send a copy of its decision
to the competent authority of the Member State in the territory of which
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the head office of the undertakingor association of undertaking s issituated.
Article 16
1. The Commission may, by decision, impose fines on undertakings
or associations of undertakings from ECU 1 000 to 50 000 where,intentionally or negligently:
(a) they supply incorrect information in response to a request made
pursuant to Article 12 or do not supply information within the timelimit fixed;
(b) they produce the required books or other business records in incom-
plete form duringinvestig ations or refuse to submit to an invest-igation pursuant to Article 13 (1).
2. The Commission may, by decision, impose fines on system
vendors, parent carriers, participatingcarriers and/or subscribers forinfringements of this Regulation up to a maximum of 10 % of theannual turnover for the relevant activity of the undertakingconcerned.
In fixingthe amount of the fine, reg ard shall be had both to the
seriousness and to the duration of the infringement.
3. Decisions taken pursuant to paragraphs 1 and 2 shall not be of a
penal nature.
Article 17
The Court of Justice shall have unlimited jurisdiction within the
meaningof Article 172 of the Treaty to review decisions whereby theCommission has imposed a fine; it may cancel, reduce or increase thefine.
Article 18
For the purposes of applyingArticle 16, the ecu shall be that adopted in
drawing up the general budget of the European Communities in accord-ance with Articles 207 and 209 of the Treaty.
Article 19
1. Before takingdecisions as provided for in Article 16, the Commis-
sion shall give the undertakings or associations of undertakingsconcerned the opportunity of beingheard on the matters to which theCommission takes, or has taken, objection.
2. Should the Commission or the competent authorities of the
Member States consider it necessary, they may also hear other naturalor legal persons. Applications by such persons to be heard shall begranted when they show a sufficient interest.
Article 20
1. The Commission shall publish the decisions which it adopts
pursuant to Article 16.
2. Such publication shall state the names of the parties and the main
content of the decision; it shall have regard to the legitimate interest ofundertakings in the protection of their business secrets.
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Article 21
The provisions in Article 5, Article 9 (5) and the Annex to this Regula-
tion shall not apply to a CRS used by an air carrier or a group of aircarriers in its (their) own office(s) and sales counters clearly identifiedas such.
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Article 21a
1. The system vendor shall ensure that the technical compliance of
its CRS with Articles 4a and 6 is monitored by an independent auditor.For this purpose, the auditor shall be granted access at any time to anyprograms, procedures, operations and safeguards used on the computersor computer systems through which the system vendor is providing itsdistribution facilities. Each system vendor shall submit its auditor’sreport on his inspection and findings to the Commission at least once ayear. This report shall be examined by the Commission with a view toany necessary action in accordance with Article 11 (1).
2. The system vendor shall inform participatingcariers and the
Commission of the identity of the auditor at least three months beforeconfirmation of an appointment and at least three months before eachannual reappointment. If, within one month of notification, any of theparticipatingcarriers objects to the capability of the auditor to carry outthe tasks as required under this Article, the Commission shall, within afurther two months and after consultation with the auditor, the systemvendor and any other party claiminga leg itimate interest, decidewhether or not the auditor is to be replaced.
Article 22
1. This Regulation shall be without prejudice to national legislation
on security, public order and data protection.
2. The beneficiaries of rights arising under Article 3 (4), Articles 4a,
6►
C1and 21a cannot renounce ◄these rights by contractual or any
other means.
Article 23
1. The Council shall decide on the revision of this Regulation by 31
December 1997, on the basis of a Commission proposal to be submittedby 31 March 1997, accompanied by a report on the application of thisRegulation.
2. The Council shall review the application of Articles 4a and 6 (3),
based on a report to be submitted, at the latest by the end of 1994, bythe Commission.
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B
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
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ANNEX
Principal display ranking criteria for flights offering unbundled air trans-
port products
1. Rankingof flig ht options in a principal display, for the day or days
requested, shall be in the followingorder unless requested in a different wayby a consumer for an individual transaction:
(i) all non-stop direct flights between the city-pairs concerned,
(ii) other direct flights, not involving a change of aircraft, between the
city-pairs concerned,
(iii) connectingflig hts.
2. A consumer shall at least be afforded the possibility of having, on request, a
principal display ranked by departure or arrival time and/or elapsed journeytime. Unless otherwise requested by a consumer, a principal display shall beranked by departure time for group (i) and elapsed journey time for groups(ii) and (iii).
3. Where a system vendor chooses to display information for any city-pair in
relation to the schedules or fares of non-participatingcarriers, but not neces-sarily all such carriers, such information shall be displayed in an accurate,non-misleadingand non-discriminatory manner between carriers displayed.
4. If, to the system vendor’s knowledge, information on the number of direct
scheduled air services and the identity of the air carriers concerned is notcomprehensive, this shall be clearly stated on the relevant display
5. Flights other than scheduled air services shall be clearly identified.6. Flights involving stops en route shall be clearly identified.7. Where flights are operated by an air carrier which is not the air carrier
identified by the carrier designator code, the actual operator of the flightshall be clearly identified. This requirement shall apply in all cases, exceptfor short-term ad hocarrangements.
8. A system vendor shall not use the screen space in a principal display in a
manner which gives excessive exposure to one particular travel option orwhich displays unrealistic travel options.
9. Except as provided for in paragraph 10, the following shall apply:
(a) for direct services, no flight shall be featured more than once in a
principal display;
(b) for multi-sector services involvinga chang e of aircraft, no combination
of flights shall be featured more than once in a principal display;
(c) flights involving a change of aircraft shall be treated and displayed as
connecting flights, with one line per aircraft segment.
Nevertheless, only one reservation shall be necessary where the flights are
operated by the same air carrier, with the same flight number, and where theair carrier requires only one flight coupon.
10. 1. Where participatingcarriers have joint venture or other contractual
arrangements requiring two or more of them to assume separate respon-sibility for the offer and sale of air transport products on a flight orcombination of flights, the terms ‘flight' (for direct services) and‘combination of flights'(for multi-sector services) in paragraph 9 shallbe interpreted as allowingeach of the carriers concerned — up to amaximum of two — to have a separate display usingits individualcarrier designator code.
2. Where more than two carriers are involved, designation of the two
carriers entitled to avail themselves of the exception provided for insubparagraph 1 shall be a matter for the carrier actually operating theflight.
11. A principal display shall, wherever practicable, include connectingflig hts on
scheduled services which are operated by participatingcarriers and areconstructed by usinga minimum number of nine connectingpoints. Asystem vendor shall accept a request by a participatingcarrier, to include anindirect service, unless the routingis in excess of 130 % of the g reat circledistance between the two airports or except where this would lead to theexclusion of services with a shorter elapsed journey time. Connectingpointswith routings in excess of 130 % need not be used.