Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation amending Regulation (EEC) No 295/91 establishing common rules for a denied- boarding compensation in scheduled air transport (COM(98) 0041 C4-0106/98 98/0022(SYN))(Cooperation procedure: first reading)
Date: 1998-07-17
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: access to information, air transport, carriage of passengers, common transport policy, indemnification, ticket, trade agreement, transport capacity, transport company













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51998AP0240

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation amending Regulation (EEC) No 295/91 establishing common rules for a denied- boarding compensation in scheduled air transport (COM(98) 0041 C4-0106/98 98/0022(SYN))(Cooperation procedure: first reading)  


Official Journal C 292 , 21/09/1998 P. 0209 





A4-0240/98Proposal for a Council Regulation amending Regulation (EEC) No 295/91 establishing common rules for a denied-boarding compensation in scheduled air transport (COM(98)0041 - C4-0106/98 - 98/0022(SYN))The proposal was approved with the following amendments:(Amendment 1)Recital 6>Original text>Whereas to avoid any disagreement about the check-in time, that time should be set at 30 minutes before the announced departure time, unless the passenger is informed otherwise in writing in advance;>Text following EP vote>Whereas to avoid any disagreement about the check-in time, that time should bestable and well publicised or otherwise clearly indicated in writing in advance;(Amendment 2)Recital 12>Original text>Whereas to ensure that passengers are adequately informed of their rights in the event of being denied boarding, provision should be made for a notice at check-in counters; whereas, in this respect, it is particularly important that the Member States ensure compliance with these provisions at all airports on their territory;>Text following EP vote>Whereas to ensure that passengers are adequately informed of their rights in the event of being denied boarding, provision should be made for a notice at check-in countersand a copy of the relevant rules made available to passengers on request; whereas, in this respect, it is particularly important that the Member States ensure compliance with these provisions at all airports on their territory;(Amendment 3)Recital 13>Original text>Whereas, it should be ensured that the air carrier uses the entire available capacity of its aeroplane before denying boarding, even if this means that the passenger will be transported in a class different from that for which his ticket was paid;>Text following EP vote>Whereas, it should be ensured that the air carrier uses the entire availabletechnical capacity of its aeroplane before denying boarding, even if this means that the passenger will be transported in a class different from that for which his ticket was paid;(Amendment 4)Recital 16>Original text>Whereas to ensure compliance with the provisions on the subject, penalties which provide an adequate deterrent and are proportionate should be introduced; whereas an appropriate system for adaptation thereof should, consequently, be set up;>Text following EP vote>Whereas to ensure compliance with the provisions on the subject, penalties which provide an adequate deterrent and are proportionate should be introducedby the Member States;(Amendment 5)ARTICLE 1 (2)Article 1(1) (Regulation (EEC) No 295/91)>Original text>1. This Regulation establishes common minimum rules applicable where passengers are denied access to an overbooked flight for which they have a confirmed reservation departing from an airport located in the territory of a Member State to which the Treaty applies, irrespective of the State where the air carrier is established, the nationality of the passenger and the point of destination.>Text following EP vote>1.This Regulation establishes common minimum rules applicable where passengers are denied access to an overbooked flight for which they have a confirmed reservation and applies to:(a) all carriers departing from an airport located in the territory of a Member State to which the Treaty applies, irrespective of the State where the air carrier is established, the nationality of the passenger and the point of destination,>Original text>>Text following EP vote>(b) Community carriers returning from third countries to airports located in the territory of a Member State to which the Treaty applies.(Amendment 6)ARTICLE 1 (2)Article 2 (a) 2nd indent (Regulation (EEC) No 295/91)>Original text>- presented themselves for check-in as stipulated and 30 minutes before the announced departure time or, where more time is prescribed, by the time indicated to the passenger in advance in writing by the air carrier or by its authorized travel agent;>Text following EP vote>-presented themselves in the queue for check-in as stipulated in advance in writing by the air carrier or by its authorized travel agent and in any case no later than 30 minutes before the published departure time; the airline shall be responsible for identifying those passengers still in the queue at the time of closing the check-in for a flight;(Amendment 7)ARTICLE 1(2)Article 2 (d) (Regulation (EEC) No 295/91)>Original text>(d) 'overbooked flight¨ means any flight in return for payment where the number of passengers holding a confirmed reservation and presenting themselves for check-in within the required time limit and as stipulated exceeds the number of available seats, including cases where the aircraft intended for the flight has been replaced by another aircraft;>Text following EP vote>(d)'overbooked flight¨ means any flight in return for payment where the number of passengers holding a confirmed reservation and presenting themselves for check-in within the required time limit and as stipulated exceeds the number of available seats, including cases where the aircraft intended for the flight has been replaced by another aircraft or the flight has been cancelled for commercial reasons;(Amendment 8)ARTICLE 1(2)Article 3 (1) (Regulation (EEC) No 295/91)>Original text>1. The air carrier must use the full capacity available on the aircraft before denying boarding.>Text following EP vote>1.The air carrier must use the full passenger capacity available on the aircraft, subject to load restrictions, before denying boarding.>Original text>If the passenger is placed in a class higher than that for which a ticket has been purchased, the air carrier may request no supplementary payment.>Text following EP vote>If the passenger is placed in a class higher than that for which a ticket has been purchased, the air carrier maynot request any supplementary payment.>Original text>If the passenger agrees to be placed in a class lower than that for which a ticket has been purchased, he shall be entitled, in addition to the compensation in accordance with Article 4 (2), (4) and (5), to reimbursement of the diference in price.>Text following EP vote>If the passengeris placed in a class lower than that for which a ticket has been purchased he may choose:(a) to accept the seat in a lower class and receive compensation according to the difference in price, or(b) refuse to board the flight in a lower class seat and receive compensation in accordance with Article 4.(Amendment 9)ARTICLE 1(2)Article 3 (2) (Regulation (EEC) No 295/91)>Original text>2. All air carriers must lay down the rules which they will follow when passengers are denied boarding in the event of an overbooked flight, including the rules laying down the priorities for passenger embarkation. These rules must include all the obligations arising from this Regulation. The air carriers shall notify these rules and any changes therein to the Member State concerned and to the Commission, which shall make them available to the other Member States. Any such changes shall enter into force one month after their notification.>Text following EP vote>2.All air carriers must lay down, in plain and intelligible language, the rules which they will follow when passengers are denied boarding in the event of an overbooked flight, including the rules laying down the priorities for passenger embarkation. These rules must include all the obligations arising from this Regulation and must be available at least in English and the official language(s) of the country. The air carriers shall notify these rules and any changes therein to the Member State concerned and to the Commission, which shall make them available to the other Member States and the relevant European consumer organisations. Any such changes shall enter into force one month after their notification.(Amendment 10)ARTICLE 1(2)Article 3 (3) (Regulation (EEC) No 295/91)>Original text>3. The rules referred to in paragraph 2 shall be made available to the public by the carriers.>Text following EP vote>3.The rules referred to in paragraph 2 shall be made available to the public by the carriers including, wherever possible, in travel agencies.>Original text>The legal entity responsible for passenger check-in must ensure that a notice containing the following text in letters at least two centimetres high is displayed at the check-in counters in a manner clearly visible for passengers:>Text following EP vote>The legal entity responsible for passenger check-in must ensure that a notice containing the following textin English and the language(s) of the country is displayed at the check-in counters, in letters at least 1 cm high, in a manner clearly visible for passengers:>Original text>'If you are denied boarding, ask at this check-in counter for the text stating your rights, particularly with regard to compensation.¨>Text following EP vote>'If you are denied boarding, ask at this check-in counter for the text stating your rights, particularly with regard to compensation.¨>Original text>>Text following EP vote>This text should also accompany the ticket.(Amendment 11)ARTICLE 1(2)Article 3 (5) (Regulation (EEC) No 295/91)>Original text>5. In any event, the air carrier must take into consideration the interests of passengers who must be given boarding priority for legitimate reasons, such as handicapped persons and unaccompanied children.>Text following EP vote>5.In any event, the air carrier must take into consideration the interests of passengers who must be given boarding priority for legitimate reasons, such as handicapped persons (and those accompanying them) and unaccompanied children.(Amendment 12)ARTICLE 1(2)Article 3(6), 2nd subparagraph (new) (Regulation (EEC) No 295/91)>Original text>>Text following EP vote>Member States shall make reference to these rules in the permits issued to third-country air carriers using Community airports.(Amendment 13)ARTICLE 1(2)Article 4(1), introduction (Regulation (EEC) No 295/91)>Original text>1. In the event of boarding being denied, the air carrier denying boarding must offer the passenger the choice between:>Text following EP vote>1.In the event of boarding being denied, the air carrier denying boarding, or its representative at the airport, must offer the passenger the choice between:(Amendment 14)ARTICLE 1(2)Article 4(2) (Regulation (EEC) No 295/91)>Original text>2. Irrespective of the passenger's choice mentioned in the case referred to in paragraph 1, the air carrier denying boarding shall, immediately after boarding has been denied, pay minimum compensation, without prejudice to paragraphs 4 and 5, amounting to:>Text following EP vote>2.Irrespective of the passenger's choice mentioned in the case referred to in paragraph 1 and without prejudice to paragraph 4, the air carrier denying boarding shall, immediately after boarding has been denied, pay at least the following amounts as compensation:>Original text>- ECU 185 for flights of up to 3500 km,>Text following EP vote>- ECU 185 for flights of up to 3500 km,>Original text>- ECU 370 for flights of more than 3500 km,>Text following EP vote>- ECU 370 for flights of more than 3500 km,>Original text>having regard to the final destination specified in the ticket.>Text following EP vote>having regard to the final destination specified in the ticket.(Amendment 15)ARTICLE 1(2)Article 4(3) (Regulation (EEC) No 295/91)>Original text>3. The Commission, acting in accordance with the procedure laid down in Article 9a, may adjust the amounts referred to in paragraph 2 where that is made necessary by economic trends.>Text following EP vote>3. Every three years, the Commission, acting in accordance with the procedure laid down in Article 11 of Council Regulation (EEC) No 2408/92(1), may adjust the amounts referred to in paragraph 2 where that is made necessary by economic trends.________________(1) OJ L 240, 24.8.1992, p. 8.(Amendment 16)ARTICLE 1(2)Article 4(5) (Regulation (EEC) No 295/91)>Original text>5. The amounts of compensation need not exceed the price of the ticket in respect of the final destination.>Text following EP vote>Deleted(Amendment 17)ARTICLE 1(2)Article 4(6) (Regulation (EEC) No 295/91)>Original text>6. The compensation shall be paid in cash or, with the written agreement of the passenger, in travel vouchers and/or other services.>Text following EP vote>6.The compensation shall be paid in cash, by bank transfer or, with the signed agreement of the passenger, in travel vouchers and/or other services.(Amendment 18)ARTICLE 1(4a) (new)Article 7 (Regulation (EEC) No 295/91)>Original text>>Text following EP vote>4a. Article 7 shall be replaced by the following:'Article 7The air carrier shall not be obliged to pay denied boarding compensation in cases where the passenger is travelling free of charge or at reduced fares not available directly or indirectly to the public. This exemption shall not apply to tickets issued under a Frequent Flyer Programme.¨(Amendment 19)ARTICLE 1(5)Article 8 (Regulation (EEC) No 295/91)>Original text>Air carriers denying boarding shall provide each passenger affected by denied boarding with a notice setting out the denied boarding compensation rules.>Text following EP vote>Air carriers denying boarding shall provide each passenger affected with a notice setting out the denied boarding compensation rulesin line with the provisions of this Regulation. In the event of conflict between the provisions of this Regulation and any lawful requirement regarding denied boarding compensation of a third country on air carriers operating on its territory, air carriers shall give passengers the benefit of the most favourable provisions.(Amendment 20)ARTICLE 1(6)Article 9a (Regulation (EEC) No 295/91)>Original text>Article 9aThe Commission shall be assisted by a committee of an advisory nature composed of the representatives of the Member States and chaired by the representative of the Commission.>Text following EP vote>Deleted>Original text>The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.>Text following EP vote>>Original text>The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.>Text following EP vote>>Original text>The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.>Text following EP vote>(Amendment 21)ARTICLE 1 (6)Article 9b (Regulation (EEC) No 295/91)>Original text>Member States shall determine the penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that it is implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify the Commission of those measures no later than 30 June 1998 and shall notify it of any amendments thereto without delay.>Text following EP vote>Member States shall determine the penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that it is implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify the Commission of those measures no later thansix months after the entry into force of this amending Regulation and shall notify it of any amendments thereto without delay.(Amendment 23)ARTICLE 1 (6)Article 9c (Regulation (EEC) No 295/91)>Original text>Each year the Member States shall compile a summary report of the cases of denied boarding due to overbooking which occurred at airports on their territory. Those reports shall be submitted to the Commission by 31 March of the year following the year covered by the report.>Text following EP vote>Each year the Member States shall compile a summary report of the cases of denied boarding due to overbooking which occurred at airports on their territory, identifying the airline companies involved. Those reports shall be submitted to the Commission by 31 March of the year following the year covered by the report. The Commission shall make this information available to the relevant European consumer organisations.Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation amending Regulation (EEC) No 295/91 establishing common rules for a denied-boarding compensation in scheduled air transport (COM(98)0041 - C4-0106/98 - 98/0022(SYN))(Cooperation procedure: first reading)The European Parliament,- having regard to the Commission proposal to the Council, COM(98)0041 - 98/0022(SYN) ((OJ C 120, 18.4.1998, p. 18.)),- having been consulted by the Council pursuant to Articles 189c and 84(2) of the EC Treaty (C4-0106/98),- 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 the Environment, Public Health and Consumer Protection (A4-0240/98),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 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.