A4-0228/96

Proposal for a Council Regulation on air carrier liability in case of accidents (COM(95)0724 - C4-0209/96 - 95/0359(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 1a (new)

>Text following EP vote>

Whereas a full review and revision of the Warsaw Convention is long overdue and would represent, in the long term, a more uniform and applicable response, on an international level, to the issue of air carrier liability in case of accidents; whereas efforts to increase the limits of liability imposed by the Warsaw Convention should continue through negotiation at multilateral level;

(Amendment 2)

Recital 2a (new)

>Text following EP vote>

Whereas Community action is nevertheless still desirable to improve the level of compensation available to passengers and could serve as a guideline for improved passenger protection on a global scale;

(Amendment 3)

Recital 8

>Original text>

Whereas it is appropriate to remove all limits of liability in the event of death, wounding or any other bodily injury suffered by a passenger;

>Text following EP vote>

Whereas the waiving of the limitation of liability on recoverable compensatory damages under Article 22(1) of the Warsaw Convention and similar limitations in national laws in the event of death, wounding or any other bodily injury suffered by a passenger is consistent with the relatively low risk factor involved in modern air transport and has been recognised in the IATA Intercarrier Agreement on Passenger Liability of 31 October 1995;

(Amendment 4)

Recital 9

>Original text>

Whereas, in order to avoid situations where victims of unpreventable accidents remain uncovered, carriers should not, with respect to any claim arising out of the death, wounding or other bodily injury of a passenger under Article 17 of the Warsaw Convention, avail themselves of any defence under article (20)1 thereof up to the sum of ECU 100 000;

>Text following EP vote>

Whereas, in order to avoid situations where victims of unpreventable accidents remain uncovered, carriers should not, with respect to any claim arising out of the death, wounding or other bodily injury of a passenger under Article 17 of the Warsaw Convention, avail themselves of any defence under article (20)1 thereof up to the sum of ECU 120 000;

(Amendment 5)

Recital 10

>Original text>

Whereas passengers or next-of-kin should receive a lump sum as soon as possible in order to face immediate needs;

>Text following EP vote>

Whereas prompt advance payments can considerably assist the injured passengers or next-of-kin in meeting the immediate costs following an air accident;

(Amendment 6)

Recital 11

>Original text>

Whereas persons entitled to compensation should have the benefit of legal clarity in the event of an accident; whereas they should be fully informed beforehand of the applicable rules; whereas it is necessary to avoid lengthy litigation or claims processes; whereas it is appropriate in addition to give the person entitled to compensation the option of taking action in the courts of the Member State in which the passenger has his domicile or permanent residence;

>Text following EP vote>

Whereas persons entitled to compensation should have the benefit of legal clarity in the event of an accident; whereas they should be fully informed beforehand of the applicable rules; whereas it is necessary to avoid lengthy litigation or claims processes; whereas it is appropriate in addition to give the person entitled to compensation the option of taking action in the courts of the Member State in which the passenger had his domicile at the time of the accident;

(Amendment 7)

Recital 12

>Original text>

Whereas it is desirable, in order to avoid distortion of competition, that third country carriers adequately inform passengers of their conditions of carriage;

>Text following EP vote>

Whereas it is desirable, in order to avoid distortion of competition and to ensure as broad a protection as possible for the passengers, that the Commission seek to incorporate, in its negotiations for civil aviation agreements with third countries, a commitment to applying the provisions laid down in this Regulation; whereas, meanwhile, third country carriers should fully inform passengers of their conditions of carriage;

(Amendment 8)

Recital 13

>Original text>

Whereas the improvement of the situation for luggage and cargo is currently taken care of at International Civil Aviation Organization (ICAO) level and does not require the same urgent treatment as the passengers' situation;

>Text following EP vote>

Whereas, for consistency and coherence, Community action aiming at improving and harmonizing the liability of carriers for lost or damaged luggage and cargo will also need to be addressed;

(Amendment 9)

Recital 14

>Original text>

Whereas it is appropriate and necessary that the values expressed in this Regulation be increased in accordance with economic developments; whereas it is appropriate to empower the Commission, after consultation of an advisory committee, to decide upon such increases,

>Text following EP vote>

Whereas it is appropriate and necessary that the financial amounts expressed in this Regulation be increased in accordance with economic developments; whereas it is appropriate to empower the Commission, after consultation of an advisory committee, to decide upon such increases,

(Amendment 10)

Article 1

>Original text>

This Regulation defines the obligations of Community air carriers to cover liability in the event of accidents to passengers.

>Text following EP vote>

This Regulation defines the obligations of Community air carriers to pay compensation to the passenger or those entitled to compensation, for death or injury resulting from an accident.

(Amendment 11)

Article 2(1)

>Original text>

1. For the purpose of this Regulation:

>Text following EP vote>

1. For the purpose of this Regulation:

>Original text>

(a) 'air carrier' means an air transport undertaking with a valid operating licence;

>Text following EP vote>

(a) 'air carrier' means an air transport undertaking with a valid operating licence;

>Original text>

(b) 'Community air carrier' means an air transport undertaking within the meaning of Council Regulation (EEC) No 2407/92;

>Text following EP vote>

(b) 'Community air carrier' means an air transport undertaking within the meaning of Council Regulation (EEC) No 2407/92;

>Original text>

(c) 'persons entitled to compensation' means the victims and/or persons who, in the light of the applicable law, are entitled to represent the victims in accordance with a legal provision, a court decision or in accordance with a special contract;

>Text following EP vote>

(c) 'persons entitled to compensation' means a passenger or, in the event of the death of the passenger, any natural person entitled to claim in respect of that death in accordance with applicable law;

>Original text>

(d) lump sum means an advance payment to the person entitled to compensation to enable him to meet his most urgent needs, without prejudice to the speediest settlement of full compensation;

>Text following EP vote>

(d) Deleted

>Original text>

(e) 'ECU' means the unit of account adopted in drawing up the general budget of the European Communities in accordance with Article 207 and 209 of the Treaty;

>Text following EP vote>

(e) 'ECU' means the unit of account adopted in drawing up the general budget of the European Communities in accordance with Article 207 and 209 of the Treaty;

>Original text>

(f) 'Warsaw Convention' means the Conventions for the Unification of Certain Rules Relating to International Carriage by Air, signed in Warsaw on 12 October 1929, together with all international instruments which build on and are associated with it;

>Text following EP vote>

(f) 'Warsaw Convention' means the Conventions for the Unification of Certain Rules Relating to International Carriage by Air, signed in Warsaw on 12 October 1929, or that Convention as amended by the Hague Protocol of 28 September 1955.

(Amendment 12)

Article 3

>Original text>

1. The liability of a Community air carrier for damages sustained in the event of the death, wounding or any other bodily injury suffered by a passenger shall not be subject to any statutory or contractual limits.

>Text following EP vote>

1. A Community air carrier shall not invoke the limitation of liability in Article 22(1) of the Warsaw Convention as to any claim for compensatory damages arising under Article 17 of the Convention, or any similar limitation imposed by, or agreed in accordance with national law in the event of the death, wounding or any other bodily injury suffered by a passenger in case of accidents.

>Original text>

2. For any damages up to the sum of ECU 100 000 the Community air carrier shall not exclude or limit his liability by proving that he and his agents have taken all necessary measures to avoid the damage or that it was impossible for him or them to take such measures.

>Text following EP vote>

2. A Community air carrier shall not avail itself of any defence under Article 20(1) of the Warsaw Convention, or any similar defence provided for by national law, with respect to that portion of such claims which does not exceed ECU 120 000.

(Amendment 13)

Article 4

>Text following EP vote>

-1. The persons entitled to compensation shall receive the uncontested part of the claim as soon as possible, and at the latest within three months of the claim being made.

>Original text>

1. The carrier shall, without delay, and in any event not later than ten days after the event during which the damage occurred, pay to or make available to the person entitled to compensation a lump sum of up to ECU 50 000 in proportion to the injury sustained and in any event a sum of ECU 50 000 in case of death.

>Text following EP vote>

1. The carrier shall, without delay, and in any event not later than ten days after the identity of the person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs.

>Original text>

2. The lump sum may be offset against any subsequent sum to be paid in respect of the liability of the Community air carrier, but is not returnable under any circumstances.

>Text following EP vote>

2. The payments under paragraph 2 shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of the liability of the Community air carrier but are not returnable under any circumstances.

(Amendment 14)

Article 5(2)

>Original text>

2. Adequate information on the provisions contained in Articles 3 and 4 shall on request be given to passengers at the Community carrier's agencies, travel agencies and check-in counters, and a summary of the requirements shall be made on the ticket document.

>Text following EP vote>

2. Full information on the provisions contained in Articles 3 and 4 shall on request be given to passengers in the Community language of their choice at the Community carrier's agencies, travel agencies and check-in counters, and a summary of the requirements, in plain and intelligible language, shall be printed on the ticket document.

(Amendment 15)

Article 6, second paragraph (new)

>Text following EP vote>

Whenever the Commission conducts negotiations in the field of civil aviation with third countries on behalf of the Community, it shall seek to incorporate the provisions of this Regulation into the agreements. In the meantime, the Commission shall cooperate with the aviation authorities of third countries for the purpose of promoting the greatest possible harmony between the provisions of this Regulation and the rules applied by such States and their carriers who operate to, from or via Member States.

(Amendment 16)

Article 7

>Original text>

A person entitled to compensation in the case of accidents involving Community air carriers may, in addition to the rights conferred by Article 28 of the Warsaw Convention, bring an action for liability before the courts of the Member State where the passenger has his domicile or permanent residence.

>Text following EP vote>

An action for damages in case of accidents involving Community air carriers may, in addition to the rights conferred by Article 28 of the Warsaw Convention, be brought before the courts of the Member State where the passenger had his domicile at the time of the accident.

(Amendment 17)

Article 7a (new)

>Text following EP vote>

Article 7a

1. Member States shall ensure that air carriers enjoy all rights of recourse, contribution or indemnity with respect to third parties, in accordance with applicable law.

>Text following EP vote>

2. In the event of a dispute with regard to a claim for damages, mediation shall be offered to parties prior to any court action.

(Amendment 18)

Article 8

>Original text>

The Commission may, in accordance with the procedure laid down in Article 9(1), decide by regulation to increase as appropriate the values set out in Articles 3 and 4 if economic developments indicate the necessity of such measures.

>Text following EP vote>

The Commission may, in accordance with the procedure laid down in Article 9(1), decide by regulation to increase as appropriate the financial amounts set out in Articles 3 and 4 if economic developments indicate the necessity of such measures.

(Amendment 19)

Article 9a (new)

>Text following EP vote>

Article 9a

1. The Commission shall review the implementation of this Regulation every three years.

>Text following EP vote>

2. It shall present an evaluation report on the operation of this Regulation to the European Parliament and the Council by 31 December 1999.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation on air carrier liability in case of accidents (COM(95)0724 - C4-0209/96 - 95/0359(SYN))

(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(95)0724 - 95/0359(SYN) ((OJ C 104, 10.4.1996, p. 18.)),

- having been consulted by the Council pursuant to Article 189c and Article 84(2) of the EC Treaty (C4-0209/96),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Legal Affairs and Citizens' Rights (A4-0228/96),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Instructs its President to forward this opinion to the Council and Commission.