Amended proposal for a Council Regulation (EC) amending Council Regulation (EEC) No 295/91 establishing common rules for a denied-boarding compensation system in scheduled air transport
Date: 1998-10-19
Institutions: European Commission
Subjects: air transport, consumer information, indemnification, transport capacity

18.11.98

EN

Official  Journal  of  the  European  Communities

C  351/7

II

(Preparatory  Acts)

COMMISSION

Amended  proposal  for  a  Council  Regulation  (EC)  amending  Council  Regulation  (EEC)  No
295/91  establishing  common  rules  for  a  denied(cid:220)boarding  compensation  system  in  scheduled  air
transport(cid:216)(˛)

(98/C  351/06)

(Text  with  EEA  relevance)

COM(1998)  580  final  -  98/0022(SYN)

(Submitted  by  the  Commission  pursuant  to  Article  189a(2)  of  the  EC  Treaty  on  19  October  1998)

(˛)(cid:217)OJ  C  120,  18.4.1998,  p.  18.

ORIGINAL  PROPOSAL

AMENDED  PROPOSAL

Whereas  action  by  the  Community  in  the  field  of  air
transport  must  aim  at  ensuring  a  high  level  of  protection
for  users’  interests;

Unchanged

Whereas  Council  Regulation  (EEC)  No  295/91 
down  certain  minimum  standards  on  this  subject;

laid

Whereas  in  the  light  of  application  of  that  Regulation,
greater  protection  should  be  ensured  for  passengers’
rights  in  this  area;

Whereas  passengers  should  be  better  informed  of  their
rights  in  the  event  of  being  denied  boarding;

Whereas  certain  provisions  of  Regulation  (EEC)  No
295/91  should  be  clarified;

Whereas  to  avoid  any  disagreement  about  the  check(cid:220)in
time,  that  time  should  be  set  at  30  minutes  before  the
announced  departure 
is
informed  otherwise  in  writing  in  advance;

the  passenger 

time,  unless 

C  351/8

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18.11.98

ORIGINAL  PROPOSAL

AMENDED  PROPOSAL

in  commercial  terms,  the  borderline
Whereas  since, 
is
between  scheduled  and  non(cid:220)scheduled  air  services 
becoming  blurred,  limitation  of  the  scope  of  Regulation
(EEC)  No  295/91  to  scheduled  flights  only  is  no  longer
sustainable;  whereas  that  Regulation  should  also  be
extended  to  passengers  on  non(cid:220)scheduled  flights;

Whereas  to  provide  effective  protection  for  passengers,  it
that  air  carriers  cannot  be
should  be  made  clear 
exempted,  by  means  of  contractual  clauses,  from  their
obligations  pursuant  to  Regulation  (EEC)  No  295/91;

Whereas  to  provide  rapid  and  effective  protection  for
passengers,  arrangements  should  be  made  for  the  carrier
the  obligations
which  denies  boarding 
the
provided 
passenger,  without  prejudice  to  that  carrier’s  right  to
seek  compensation  from  a  third  party  in  accordance  with
the  relevant  national  legislation;

this  Regulation  vis(cid:220){(cid:220)vis 

to  assume 

for  under 

Whereas  to  ensure  that  air  carriers  can  not  avoid  the
obligations  incumbent  upon  them  when  boarding  is  being
denied,  account  should  also  be  taken  of  the  development
of  new  forms  of  ticketing;

Whereas  to  ensure  that  all  passengers  will  be  treated  in
accordance  with  the  objectives  of  this  Regulation,  a
the  existence  of  a
confirmed  reservation 
indicates 
transport  contract  between 
the
passenger;  whereas  confirmed  reservations  may  not  be
made  subject  to  additional  conditions  such  as  recon(cid:220)
firmation;

the  air  carrier  and 

to  ensure 

Whereas 
that  passengers  are  adequately
informed  of  their  rights  in  the  event  of  being  denied
boarding,  provision  should  be  made  for  a  notice  at
check(cid:220)in  counters;  whereas 
is
particularly 
important  that  the  Member  State  ensure
compliance  with  these  provisions  at  all  airports  on  their
territory;

respect, 

this 

in 

it 

Whereas  it  should  be  ensured  that  the  air  carrier  uses  the
entire  available  capacity  of  his  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;

Whereas  it  should  be  ensured  that  the  air  carrier  uses  the
entire  available  capacity  of  its  aeroplane  subject  to  load
restrictions  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;

18.11.98

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C  351/9

ORIGINAL  PROPOSAL

AMENDED  PROPOSAL

Whereas  adequate  compensation  to  a  passenger  who  has
the  reim(cid:220)
been  denied  boarding  should  consist 
bursement  of  the  cost  of  any  part  of  his  ticket  which
applies  to  a  part  of  his  journey  which  the  passenger  will
not  undertake  and  of  any  part  which  no  longer  serves
any  purpose  in  relation  to  his  travel  plan  as  a  result  of
his  being  denied  boarding;

in 

Unchanged

Whereas  in  the  light  of  economic  trends,  it  is  already
necessary  to  adjust  the  compensation  thresholds;

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 
should,
consequently,  be  set  up;

adaption 

thereof 

system 

for 

Whereas  to  ensure  compliance  with  the  provisions  on  the
subject,  penalties  which  provide  an  adequate  deterrent
and  are  proportionate  should  be 
introduced  by  the
Member  States;

Whereas  Regulation 
amended  accordingly,

(EEC)  No  295/91 

should  be

Unchanged

HAS  ADOPTED  THIS  REGULATION:

"Article  1

"Article  1

1.(cid:217)(cid:218)This  Regulation  establishes  common  minimum  rules
applicable  where  passengers  are  denied  access  to  an
overbooked  flight  for  which  they  have  a  confirmed  reser(cid:220)
vation  departing  from  an  airport  located  in  the  territory
of  a  Member  State  to  which  the  Treaty  applies,  irres(cid:220)
pective  of  the  State  where  the  carrier  is  established,  the
nationality  of  the  passenger  and  the  point  of  destination.

1.(cid:217)(cid:218)This  Regulation  establishes  common  minimum  rules
applicable  where  passengers  are  denied  access  to  an
overbooked  flight  for  which  they  have  a  confirmed  reser(cid:220)
vation  and  applies  to:

(a)(cid:217)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,

(b)(cid:217)Community  carriers  returning  from  airports  in  third
countries  to  points  of  destination  in  the  territory  of  a
Member  State  to  which  the  Treaty  applies  irres(cid:220)
pective  of  the  nationality  of  the  passenger.

2.(cid:217)(cid:218)The  obligation  of  air  carriers  vis(cid:220){(cid:220)vis  passengers
pursuant  to  this  Regulation  may  not  be 
limited  or
waived,  notably  by  a  derogation  or  restrictive  clause  in
the  contract  of  carriage.

Unchanged

C  351/10

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Official  Journal  of  the  European  Communities

18.11.98

ORIGINAL  PROPOSAL

AMENDED  PROPOSAL

Article  2

Article  2

For  the  purpose  of  this  Regulation:

For  the  purpose  of  this  Regulation:

(a)(cid:217)""denied  boarding’’  means  a  refusal  to  accommodate

(a)(cid:217)""denied  boarding’’  means  a  refusal  to  accommodate

passengers  on  a  flight  although  they  have:

passengers  on  a  flight  although  they  have:

-(cid:217)a  confirmed  reservation  on  that  flight,  and

-(cid:217)a  confirmed  reservation  on  that  flight,  and

-(cid:217)presented  themselves  for  check(cid:220)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  authorised
travel  agent;

-(cid:217)presented  themselves  for  check(cid:220)in  as  stipulated
and  at  the  time  indicated  in  advance  in  writing  by
the  air  carrier  or  by  its  authorised  travel  agent,
and  if  no  time  is  indicated,  not  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(cid:220)in  for  a  flight,  who  shall  be  deemed  to
have  presented  themselves  for  check(cid:220)in;

(b)(cid:217)""ticket’’  means  a  valid  ticket  or  equivalent  transport
document,  whether  in  a  paper  form  or  paperless,
including  electronic  form,  sold  by  the  air  carrier  or
its  authorized  travel  agent;

Unchanged

(c)(cid:217)""confirmed  reservation’’  means  that,  to  the  exclusion
of  any  other  condition,  the  passenger  has  a  ticket
which  contains

(i)(cid:217)in  the  case  of  a  ticket,

-(cid:217)a  specification  of  the  number,  date  and  time

of  the  flight,  and

-(cid:217)the  notation  ""OK’’  in  the  appropriate  space,

or

(ii) in  the  case  of  a  paper  or  paperless  transport
document  equivalent  to  a  ticket,  indicates  that
and
the 
confirmed;

reservation  has 

registered 

been 

(d)(cid:217)""overbooked  flight’’  means  any  flight  in  return  for
payment  where  the  number  of  passengers  holding  a
confirmed  reservation  and  presenting  themselves  for
check(cid:220)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;

(d)(cid:217)""overbooked  flight’’  means  any  flight  in  return  for
payment  where  the  number  of  passengers  holding  a
confirmed  reservation  and  presenting  themselves  for
check(cid:220)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;

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ORIGINAL  PROPOSAL

AMENDED  PROPOSAL

(e)(cid:217)""volunteer’’  means  a  person  who:

Unchanged

-(cid:217)has  a  confirmed  reservation,  and

-(cid:217)responds  positively  to  the  air  carrier’s  call  for
passengers  prepared  to  surrender  their  confirmed
reservation  in  exchange  for  compensation;

(f) ""final  destination’’  means  the  destination  on  the
flight  coupon  presented  at  the  check(cid:220)in  counter  or,
in  the  case  of  successive  flights,  the  destination  on
the 
last  flight  coupon  of  the  ticket.  Connecting
flights  which  can  be  carried  out  without  difficulties
although  a  delay  has  been  caused  by  denied  boarding
are  not  taken  into  account.

Article  3

Article  3

1.(cid:217)(cid:218)The  air  carrier  must  use  the  full  capacity  available
on  the  aircraft  before  denying  boarding.

1.(cid:217)(cid:218)The  air  carrier  must  use  the  full  capacity  available
on  the  aircraft,  subject  only  to  passenger  load  restrictions
for  safety  reasons,  before  denying  boarding.

If  the  passenger  is  placed  in  a  higher  class  than  that  for
which  a  ticket  has  been  purchased,  the  air  carrier  may
request  no  supplementary  payment.

If  the  passenger  is  placed  in  a  higher  class  than  that  for
which  a  ticket  has  been  purchased,  the  air  carrier  may
not  request  any  supplementary  payment.

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
difference  in  price.

Unchanged

2.(cid:217)(cid:218)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  States  concerned  and
to  the  Commission,  which  shall  make  them  available  to
the  Member  States.  Any  such  changes  shall  enter  into
force  one  month  after  their  notification.

including  the  rules 

2.(cid:217)(cid:218)All  air  carriers  must  lay  down,  in  plain  and  intel(cid:220)
ligible  language,  the  rules  which  they  will  follow  when
passengers  are  denied  boarding  in  the  event  of  an  over(cid:220)
booked  flight, 
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  States  concerned  and  to  the
Commission,  which  shall  make  them  available  to  the
Member  States  as  well  as  to  the  relevant  European
consumer  organisations.  Any  such  changes  shall  enter
into  force  one  month  after  their  notification.

3.(cid:217)(cid:218)The  rules  referred  to  in  paragraph  2  shall  be  made
available  to  the  public  by  the  carriers.

3.(cid:217)(cid:218)The  rules  referred  to  in  paragraph  2  shall  be  made
available  to  the  public  by  the  carriers;  this  duty  may  be
discharged  via  their  authorised  travel  agencies.

C  351/12

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18.11.98

ORIGINAL  PROPOSAL

AMENDED  PROPOSAL

The  legal  entity  responsible  for  passenger  check(cid:220)in  must
ensure  that  a  notice  containing  the  following  text  in
letters  at  least  two  centimetres  high  is  displayed  at  the
check(cid:220)in  counters 
for
passengers:

in  a  manner  clearly  visible 

Unchanged

""If  you  are  denied  boarding,  ask  this  check(cid:220)in  counter
for  the  text  stating  your  rights,  particularly  with  regard
to  compensation.’’

4.(cid:217)(cid:218)The  rules  referred  to  in  paragraph  2  must,  where
technically  feasible,  include  the  possibility  of  a  call  for
volunteers  prepared  not  to  board.

the  air  carrier  must 

5.(cid:217)(cid:218)In  any  event, 
into
consideration  the  interests  of  the  passengers  who  must  be
given  boarding  priority  for  legitimate  reasons,  such  as
handicapped  persons  and  unaccompanied  children.

take 

the  air  carrier  must 

5.(cid:217)(cid:218)In  any  event, 
into
consideration  the  interests  of  the  passengers  who  must  be
given  boarding  priority  for  legitimate  reasons,  such  as
handicapped  persons  (and  those  accompanying  them)
and  unaccompanied  children.

take 

6.(cid:217)(cid:218)The  rules  referred  to  in  paragraph  2  shall  form  part
of  the  air  carrier’s  condition  of  carriage.

6.(cid:217)(cid:218)The  rules  referred  to  in  paragraph  2  shall  form  part
of  the  air  carrier’s  condition  of  carriage.

Member  States  shall  make  reference  to  these  rules  in  the
permits 
third  country  air  carriers  using
to 
Community  airports.

issued 

Article  4

Article  4

1.(cid:217)(cid:218)In  the  event  of  boarding  being  denied,  the  air
carrier  denying  boarding  must  offer  the  passenger  the
choice  between:

1.(cid:217)(cid:218)In  the  event  of  boarding  being  denied,  the  air
carrier  denying  boarding,  or  those  acting  on  its  behalf  at
the  airport,  must  offer  the  passenger  the  choice  between:

-(cid:217)reimbursement  without  penalty  of  the  cost  of  the
ticket  for  all  parts  of  the  journey  not  made  or  which
no  longer  serve  any  purpose  in  relation  to  its  original
travel  plan,  or

-(cid:217)reimbursement  without  penalty  of  the  cost  of  the
ticket  for  all  parts  of  the  journey  not  made  or  which
no  longer  serve  any  purpose  in  relation  to  its  original
travel  plan,  or

-(cid:217)re(cid:220)routing  under  comparable  air  transport  conditions,
to  his  final  destination  at  the  earliest  opportunity,  or

-(cid:217)re(cid:220)routing  under  comparable  air  transport  conditions,
to  his  final  destination  at  the  earliest  opportunity,  or

-(cid:217)re(cid:220)routing  under  comparable  air  transport  conditions,

-(cid:217)re(cid:220)routing  under  comparable  air  transport  conditions,

at  a  later  date  at  the  passenger’s  convenience.

at  a  later  date  at  the  passenger’s  convenience.

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ORIGINAL  PROPOSAL

AMENDED  PROPOSAL

2.(cid:217)(cid:218)Irrespective  of  the  passenger’s  choice  mentioned  in
the  case  referred  to  in  paragraph  1,  the  air  carrier
denying  boarding  shall,  immediately  after  the  boarding
has  been  denied,  pay  minimum  compensation  without
prejudice  to  paragraph  4  and  5,  amounting  to:

to 

2.(cid:217)(cid:218)Irrespective  of  the  passenger’s  choice  mentioned  in
in  paragraph  1,  and  without
the  case  referred 
prejudice  to  paragraph  4  and  5,  the  air  carrier  denying
boarding  shall,  immediately  after  the  boarding  has  been
denied,  pay  at  least  the  following  amounts  as  compen(cid:220)
sation:

-(cid:217)ECU  185  for  flights  up  to  3(cid:216)500  km,

-(cid:217)ECU  185  for  flights  up  to  3(cid:216)500  km,

-(cid:217)ECU  370  for  flights  of  more  than  3(cid:216)500  km,

-(cid:217)ECU  370  for  flights  of  more  than  3(cid:216)500  km,

having  regard  to  the  final  destination  specified  in  the
ticket.

having  regard  to  the  final  destination  specified  in  the
ticket.

3.(cid:217)(cid:218)The  Commission,  acting  in  accordance  with  the
in  Article  9a,  may  adjust  the
procedure 
amounts  referred  to  in  paragraph  2  where  that  is  made
necessary  by  economic  trends.

laid  down 

three  years 

the  procedure 

the  Commission,  acting 
in 

in
3.(cid:217)(cid:218)Every 
the
accordance  with 
following  subparagraph  and  assisted  by  the  Committee
established  by  Article  11  of  Council  Regulation  (EEC)
No  2408/92,  may  adjust  the  amounts  referred  to  in
paragraph  2  where  that  is  made  necessary  by  economic
trends.

laid  down 

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.

The  opinion  shall  be  recorded 
in
addition,  each  Member  State  shall  have  the  right  to  ask
to  have  its  position  recorded  in  the  minutes.

the  minutes; 

in 

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.

Unchanged

4.(cid:217)(cid:218)Where  the  air  carrier  denying  boarding  offers
re(cid:220)routing  to  the  final  destination  on  an  alternative
flight,  the  arrival  time  of  which  does  not  exceed  the
scheduled  arrival  time  of  the  flight  originally  booked  by
two  hours  for  flights  of  up  to  3(cid:216)500  km,  and  by  four
hours  for  flights  of  more  than  3(cid:216)500  km,  the  compen(cid:220)
sation  provided  for  in  paragraph  2  may  be  reduced  by
50(cid:216)%.

5.(cid:217)(cid:218)The  amount  of  compensation  need  not  exceed  the
price  of  the  ticket  in  respect  of  the  final  destination.

6.(cid:217)(cid:218)The  compensation  shall  be  paid  in  cash  or,  with  the
written  agreement  of  the  passenger,  in  travel  vouchers
and/or  other  services.

6.(cid:217)(cid:218)The  compensation  shall  be  paid  in  cash  or,  with  the
signed  agreement  of  the  passenger,  by  bank  order,
cheque,  in  travel  vouchers  and/or  other  services.

7.(cid:217)(cid:218)The  distances  given  in  paragraphs  2  and  4  shall  be
measured  by  the  great  circle  track  method  (great  circle
route).’

Unchanged

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ORIGINAL  PROPOSAL

AMENDED  PROPOSAL

"Article  7

"Article  7

The  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.’

The  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
issued  under  a  Frequent  Flyer
not  apply  to  tickets 
Programme.’

"Article  8

"Article  8

Air  carriers  denying  boarding 
shall  provide  each
passenger  affected  by  denied  boarding  with  a  notice
setting  out  the  denied  boarding  compensation  rules.’

Air  carriers  denying  boarding 
shall  provide  each
passenger  affected  with  a  notice  setting  out  the  denied
boarding  compensation  rules  in  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,  if  possible,  give  passengers  the  benefit  of
those  provisions  that  are  the  most  favourable  to  the
passenger.’

"Article  9a

The  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.

Delete

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.

The  opinion  shall  be  recorded 
in
addition,  each  Member  State  shall  have  the  right  to  ask
to  have  its  position  recorded  in  the  minutes.

the  minutes; 

in 

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.’

"Article  9b

"Article  9b

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.’

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  6  months
after  the  entry  into  force  of  this  amending  Regulation
and  shall  notify  it  of  any  amendments  thereto  without
delay.’

18.11.98

EN

Official  Journal  of  the  European  Communities

C  351/15

ORIGINAL  PROPOSAL

AMENDED  PROPOSAL

"Article  9c

"Article  9c

Each  year  the  Member  States  shall  compile  a  summary
report  of  the  cases  of  denied  boarding  due  to  over(cid:220)
booking  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.’

Each  year  the  Member  States  shall  compile  a  summary
report  of  the  cases  of  denied  boarding  due  to  over(cid:220)
booking  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.’