COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 04.07.1997 
COM(97) 359 final 
95/0359 (SYN) 
Re-examined proposal for a 
COUNCIL REGULATION (EC) 
on air carrier liability in the event of accidents 
(presented by the Commission pursuant to Article 189 c (d) 
of the EC Treaty) 

Explanatory memorandum 
During the plenary session on 29 May 1997 the European Parliament approved at second 
reading the common position adopted by the Council on 24 February 1997 relating to air 
carrier liability in the event of accidents. ' The European Parliament also adopted some 
amendments to the text put forward. 
The Commission has accepted all the amendments. 
It accepted amendments related to recital 13 and article 7 since it seeks to achieve that 
third country carriers apply the same levels of liability as Community airlines while 
operating to/from or within the Community. 
It also accepted amendments concerning article 6 since they abolish the need for several 
different notices (EU, Warsaw, US where appropriate) attached to the ticket, a system 
which is burdensome and may confuse the passenger. At the same time they confirm the 
right of information through the carrier's conditions of carriage, which shall be available 
to the passenger and which also contain other information of interest to him. 
i i i 
i 
OJNoC123, 21.4.1997, p. 89 
Re-examined proposal for a 
COUNCIL REGULATION (EC) 
on air carrier liability in the event of accidents 
Whereas, in the framework of the Unchanged 
common transport policy, it is necessary 
to improve the level of protection of 
passengers involved in air accidents; 
Whereas the rules on liability in the event Unchanged 
of accidents are governed by the 
Convention for the Unification of Certain 
Rules Relating to International Carriage 
by Air, signed at Warsaw on 12 October 
1929, or that Convention as amended at 
the Hague on 28 September 1955 and the 
Convention done at Guadalajara on 18 
September 1961, whichever may be 
applicable each being hereafter referred 
to, as applicable, as the "Warsaw 
Convention"; whereas the Warsaw 
Convention is applied world-wide for the 
benefit of both passengers and air 
carriers; 
Whereas the limit set on liability by the Unchanged 
Warsaw Convention is too low by today's 
economic and social standards and often 
lead to lengthy legal actions which 
damage the image of air transport; 
whereas as a result Member States have 
variously increased the liability limit, 
thereby leading to different terms and 
conditions of carriage in the internal 
aviation market; 
Whereas in addition the Warsaw Unchanged 
Convention applies only to international 
transport; whereas, in the internal 
aviation market, the distinction between 
national and international transport has 
been eliminated; whereas it is therefore 
appropriate to have the same level and 
nature of liability in both national and 
international transport; 
Whereas a full review and revision of the Unchanged 
Warsaw Convention is long overdue and 
would represent, in the long term, a more 
uniform and applicable response, at an 
international level, to the issue of air 
carrier liability in the event of accidents; 
whereas efforts to increase the limits of 
liability imposed in the Warsaw 
Convention should continue through 
negotiation at multilateral level; 
Whereas, in compliance with the Unchanged 
principle of subsidiarity, action at 
Community level is desirable in order to 
achieve harmonisation in the field of air 
carrier liability and could serve as 
guideline for improved passenger 
protection on a global scale; 
Whereas it is appropriate to remove all Unchanged 
monetary limits of liability within the 
meaning of Article 22(1) of the Warsaw 
Convention or any other legal or 
contractual limits, in accordance with 
present trends at international level; 
Whereas, in order to avoid situations Unchanged 
where victims of accidents are not 
compensated, Community air carriers 
should not, with respect to any claims 
arising out of 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) of the Warsaw Convention up to a 
certain limit 
Whereas Community air carriers may be Unchanged 
exonerated from their liability in cases of 
contributory negligence of the passenger 
concerned; 
Whereas it is necessary to clarify the Unchanged 
obligations of this Regulation in the light 
cf Article 7 of Council Regulation (EEC) 
No 2407/92 of 23 July 1992 on licensing 
of air carriers2; whereas, in this regard, 
Community air carriers should not be 
insured up to a certain limit laid down in 
this Regulation; 
Whereas Community air carriers should Unchanged 
always be entitled to claim against third 
parties; 
Whereas prompt advance payments can Unchanged 
considerably assist the injured passenger 
cr natural persons entitled to 
compensation in meeting the immediate 
costs following an air accident; 
Whereas the rules on the nature and Unchanged 
limitation of liability in the event of 
death, wounding or any other bodily 
injure suffered by a passenger from part 
of the terms and conditions of carriage in 
the air transport contract between carrier 
and passenger; whereas, in order to 
reduce the risk of distorting competition, 
third-country carriers should adequately 
inform passengers of their conditions of 
carriage; 
whereas, in addition, it is desirable that 
provisions similar to those in this 
Regulation be applied by all carriers 
operating to. from or within the 
Community; 
2 OJ No L 240, 24.8.1992, P. 1 
Whereas it is appropriate and necessary 
that the monetary limits expressed in this 
Regulation be reviewed in order to take 
into account economic developments and 
development in international fora; Unchanged 
Whereas the International civil Aviation 
Organisation (ICAO) is at present 
engaged in a review of the Warsaw 
Convention; whereas, pending the 
outcome of such review, actions on an 
interim basis by the Community will 
enhance the protection of passengers; 
whereas the Council should review this 
Regulation as soon as possible after the 
review by ICAO, Unchanged 
Article 6 
1. The provisions contained in Articles 3 Unchanged 
and 5 shall be included in the Community 
air carrier's condition of carriage. 
2. Adequate information on the 2. The liability regime applied by an air 
provisions contained in Articles 3 and 5 carrier shall be clearly set out in its 
shall, on request, be available to conditions of carriage and shall be made 
passengers at the Community air carrier's available to passengers at the air carrier's 
agencies, travel agencies and check-in agencies, travel agencies, check-in 
counters and at points of sale. The ticket counters and points of sale. 
document or an equivalent shall contain a 
summary of the requirements in plain and 
intelligible language. 
3. Air carriers established outside the 
Community operating to, from or within 
the Community and not applying the 
provisions referred to in Articles 3 and 5 
shall expressly and clearly inform the 
passengers thereof, at the time of the 
purchase of the ticket at the carrier's 
agencies, travel agencies or check-in 
counters located in the territory of a 
Member State. Air carriers shall provide 
the passengers with a form setting out 
their conditions. The fact that only a 
liability limit is indicated on the ticket 
document or an equivalent shall not 
constitute sufficient information. 3. The ticket document or an equivalent 
shall refer to the liability regime and. 
make clear where the detailed conditions 
of carriage can be obtained. 
Article 7 a (new) 
Whenever the Commission conducts 
negotiations on civil aviation on behalf of 
the Community with third countries 
whose carriers are not already subiect to 
level of liability similar to those outlined 
in this Regulation, it shall seek to 
incorporate the provisions of Article 3 
and 5 of this Regulation. 
ISSN 0254-1475 
COM(97) 359 final 
DOCUMENTS 
EN 07 m 
Catalogue number : CB-CO-97-349-EN-C 
ISBN 92-78-22455-3 
Office for Official Publications of the European Communities 
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