Re-examined proposal for a Council Regulation (EC) on air carrier liability in the event of accidents
Date: 1997-07-04
Institutions: European Commission
Subjects: air transport, international convention, liability, transport accident, transport company

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 

in 

the 

framework  of 

Whereas, 
common  transport  policy,  it  is  necessary 
to  improve  the  level  of  protection  of 
passengers involved  in air accidents; 

the  Unchanged 

Whereas the rules on liability  in the event  Unchanged 
the 
of  accidents  are  governed  by 
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 
the  "Warsaw 
to,  as  applicable,  as 
Convention";  whereas 
the  Warsaw 
Convention  is applied  world-wide  for  the 
benefit  of  both  passengers  and  air 
carriers; 

lengthy 
the 

Whereas  the  limit  set  on  liability  by  the  Unchanged 
Warsaw Convention  is too low by today's 
economic  and  social  standards  and  often 
legal  actions  which 
to 
lead 
damage 
transport; 
whereas  as  a  result  Member  States  have 
variously 
limit, 
thereby  leading  to  different  terms  and 
conditions  of  carriage  in  the  internal 
aviation market; 

increased  the  liability 

image  of  air 

the  Warsaw  Unchanged 

in 

in 

the 

Whereas 
addition 
Convention  applies  only  to  international 
internal 
transport;  whereas, 
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 
the  Warsaw 
in 
liability 
Convention 
through 
should  continue 
negotiation  at multilateral  level; 

imposed 

the  Unchanged 

compliance  with 
subsidiarity, 

Whereas, 
in 
principle  of 
action  at 
Community  level  is  desirable  in  order  to 
achieve  harmonisation  in  the  field  of  air 
liability  and  could  serve  as 
carrier 
guideline 
passenger 
improved 
for 
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 
to 
persons 
compensation  in  meeting  the  immediate 
costs following  an air accident; 

entitled 

natural 

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 
to 
and  passenger;  whereas, 
reduce  the  risk  of  distorting  competition, 
third-country  carriers  should  adequately 
inform  passengers  of  their  conditions  of 
carriage; 

in  order 

similar 

whereas,  in  addition,  it  is  desirable  that 
this 
provisions 
Regulation  be  applied  by  all  carriers 
operating 
the 
Community; 

from  or  within 

those 

to. 

in 

to 

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 

Unchanged 

(ICAO) 

Whereas  the  International  civil  Aviation 
is  at  present 
Organisation 
engaged  in  a  review  of  the  Warsaw 
Convention;  whereas, 
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, 

pending 

Article 6 

1.  The provisions  contained  in Articles  3  Unchanged 
and 5 shall be included  in the Community 
air carrier's  condition of carriage. 

Adequate 

information  on 

request,  be  available 

2. 
the  2.  The  liability  regime  applied  by  an  air 
provisions  contained  in  Articles  3  and  5  carrier  shall  be  clearly  set  out  in  its 
to  conditions  of  carriage  and  shall  be  made 
shall,  on 
passengers  at the Community  air carrier's  available to passengers  at the  air  carrier's 
agencies,  travel  agencies  and  check-in  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. 

agencies, 

travel 

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. 

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 
travel  agencies  or  check-in 
agencies, 
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. 

Article 7 a (new) 

Whenever 
conducts 
the  Commission 
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 
to 
incorporate  the  provisions  of  Article  3 
and 5 of this Regulation. 

this  Regulation, 

it  shall  seek 

ISSN 0254-1475 

COM(97) 359 final 

DOCUMENTS 

EN 

07  m 

Catalogue  number  :  CB-CO-97-349-EN-C 

ISBN  92-78-22455-3 

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