Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 2027/97 on air carrier liability in the event of accidents
Date: 2000-06-06
Institutions: European Commission
Subjects: air transport, carrier, indemnification, transport accident, traveller

C 337 E/68

EN

Official Journal of the European Communities

28.11.2000

Proposal for a regulation of the European Parliament and of the Council amending Regulation (EC)
No 2027/97 on air carrier liability in the event of accidents

(2000/C 337 E/08)

(Text with EEA relevance)

COM(2000) 340 final (cid:15) 2000/0145(COD)

(Submitted by the Commission on 7 June 2000)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF
THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Whereas:

(6) In the internal aviation market, the distinction between
national and international transport has been eliminated
and it is therefore appropriate to have the same level and
liability in both international and national
nature of
transport within the European Community.

(7) In compliance with the principle of subsidiarity, action at
Community level is desirable in order to create a single set
of rules for all Community air carriers.

(8) A system of unlimited liability in case of death or injury
to passengers is appropriate in the context of a safe and
modern air transport system.

(9) Uniform liability limits

loss of, damage to or
for
destruction of baggage and for damage occasioned by
delay, which apply to all travel on Community carriers,
will ensure simple rules for both passengers and airlines
and enable passengers
to recognise when additional
insurance is necessary.

(1) In the framework of the common transport policy, it is
desirable to ensure a proper level of compensation for
passengers involved in air accidents.

(10)

It would be impractical for Community air carriers and
they were to apply
confusing for their passengers if
different liability regimes on different routes across their
networks.

(2) A new Convention for the Unification of Certain Rules
Relating to International Carriage by Air was agreed at
Montreal on 28 May 1999 setting new global rules on
liability in the event of accidents for international air
transport replacing those in the Warsaw Convention of
1929 and its subsequent amendments.

(3) The aforementioned Montreal Convention provides for a
regime of unlimited liability in the case of death or injury
of air passengers.

(4) The Community has signed the Montreal Convention indi-
cating its intention to become a party to the agreement.

(11)

is desirable to relieve accident victims and their
in the

It
dependants of
period immediately after an accident.

short-term financial concerns

(12) Article 50 of the Montreal Convention requires parties to
ensure that air carriers are adequately insured and it is
necessary to take account of Article 7 of Council Regu-
lation (EEC) No 2407/92 of 23 July 1992 on licensing of
air carriers (2) in complying with this provision.

(13) The applicable rules on liability in the event of an
accident should be included in every airlines’ conditions
of carriage and it is appropriate to make this information
easily available to passengers.

(5) It is necessary to amend Council Regulation (EC) 2027/97
on air carrier liability in the event of accidents (1) in order
the Montreal
to align it with the provisions of
Convention,
thereby creating a uniform system of
liability for international air transport.

(14)

It is desirable to provide basic information on the liability
rules applicable to every passenger so that they can make
additional insurance arrangements in advance of travel if
necessary.

(1) OJ L 285, 17.10.1997, p. 1.

(2) OJ L 240, 24.8.1992, p. 1.

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Official Journal of the European Communities

C 337 E/69

(15)

It will be necessary to review the monetary amounts set
down in this Regulation in order to take account of
inflation and any review of
the liability limits in the
Montreal Convention,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2027/97 is hereby amended as follows:

1. The Title shall be replaced by the following:

@Regulation (EC) No 2027/97 on air carrier liabilityA.

Convention done at Guadalajara on 18 September
1961;A

(iv) The following point (g) shall be inserted:

@(g) BMontreal ConventionC shall mean the Convention
for the Unification of Certain Rules Relating to
International Carriage by Air signed at Montreal
on 28 May 1999.A

(v) Paragraph 2 shall be replaced by the following:

@2.
Concepts contained in this Regulation which are
not defined in paragraph 1 shall be equivalent to those
used in the Montreal Convention.A

2. Article 1 shall be replaced by the following:

4. Article 3 shall be replaced by the following:

@Article 1

@Article 3

This Regulation lays

1.
down the obligations of
Community air carriers in relation to liability for damage
sustained in case of death or bodily injury of a passenger
where the accident, which caused the death or injury, took
place on board the aircraft or in the course of any of the
operations of embarking or disembarking.

the
This Regulation extends certain provisions of
2.
Montreal Convention for the Unification of Certain Rules
for International Carriage by Air to cover all carriage of
persons and their baggage performed by Community air
including carriage between points
carriers
within a single Member State.
It applies equally to all
gratuitous carriage by aircraft of persons and baggage
performed by Community air carriers.A

reward,

for

3. Article 2 shall be amended as follows:

(i) Point (c) shall be replaced by the following:

@(c) Bperson entitled to compensationC shall mean a
passenger or any natural person entitled to claim
in accordance with
in respect of that passenger,
applicable law;A

(ii) Point (d) shall be deleted.

(iii) Point (f) shall be replaced by the following:

@(f) BWarsaw ConventionC shall mean the Convention
for the Unification of Certain Rules Relating to
International Carriage by Air, signed at Warsaw
on 12 October 1929, or the Warsaw Convention
as amended at the Hague on 28 September 1955
and the Convention supplementary to the Warsaw

1.
The liability of a Community air carrier for damage
sustained in case of death or bodily injury of a passenger
shall be governed by the provisions set out in Articles 17,
20 and 21 of the Montreal Convention.

2.
The obligation of insurance set out in Article 7 of
Regulation (EEC) No 2407/92 shall be understood as
requiring that a Community carrier shall be insured up to
a level that is adequate to ensure that all natural persons
entitled to compensation receive the full amount to which
they are entitled in accordance with this Regulation.A

5. The following Article 3a shall be inserted:

@Article 3a

1.
The liability of a Community air carrier for damage
caused by delay and in the case of destruction, loss, damage
or delay in the carriage of baggage shall be governed by the
provisions set out in Articles 19, 20, 22(1), (2), (5) and (6)
and 31 of the Montreal Convention.

The supplementary sum which,

in accordance with
2.
Article 22(2) of
the Montreal Convention, may be
demanded by a Community carrier when a passenger
makes a special declaration of interest in delivery of their
baggage at destination, shall be based on a tariff which is
related to the additional costs involved in transporting and
insuring the baggage concerned over and above those for
baggage valued at or below the liability limit. The tariff shall
be made available to passengers on request.

3. Within fourteen days of receiving a complaint made in
relation to the provisions of this Article, a Community air
carrier
the
shall notify the passenger concerned,
complaint has been received and is being assessed.A

that

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Official Journal of the European Communities

28.11.2000

6. Article 4 shall be replaced by the following:

@Article 4

Nothing in this Regulation shall:

E imply that a Community air carrier is the sole party

liable to pay damages.

E prejudice the question whether a person liable for
damage in accordance with its provisions has a right
of recourse against any other person.A

7. Article 5(2) shall be replaced by the following:

@2. Without prejudice
an advance
payment shall not be less than the equivalent in Euro of
16 000 Special Drawing Rights per passenger in the event
of death.A

to paragraph 1,

E the applicable limit

for

flight on the carrier’s
that
liability in respect of destruction, loss of or damage to
baggage and a warning that baggage greater in value
than this figure should be brought
to the airline’s
attention at check-in or fully insured by the passenger
prior to travel;

E the applicable limit

for

that

flight on the carrier’s

liability for damage occasioned by delay.

4.
In the case of all carriage performed by Community
carriers, the limits indicated in the written notice shall be
those established by this Regulation.

5.
Non-compliance with the provisions of paragraph 3
shall not affect the existence or the validity of the contract
of carriage, which shall, nonetheless, be subject to the rules
of this Regulation.A

8. Article 6 shall be replaced by the following:

9. Article 7 shall be replaced by the following:

@Article 6

@Article 7

The provisions contained in Articles 3, 3a and 5 shall
1.
be reflected in the Community air carrier’s conditions of
carriage.

2.
Air carriers shall ensure that adequate information on
the provisions contained in Articles 3, 3a and 5 is, on
request, made available to passengers at the Community
air carrier’s agencies, travel agencies and check-in counters
and at points of sale.

3.
In addition to the information requirements set out in
the Warsaw and Montreal Conventions, carriers shall give all
consumers in the Community who purchase air transport
services a written notice explaining in simple and easily
understood terms:

E the applicable limit

for

that

liability in respect of death or injury,
exists;

flight on the carrier’s
if such a limit

No later than six years after the entry into force of this
Regulation, the Commission shall draw up a report on the
application of the Regulation. In particular, the Commission
shall examine the need to revise the amounts mentioned in
the relevant Articles of the Montreal Convention in the light
of economic developments.A

Article 2

This Regulation shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities. It shall apply from the date of its entry
into force or from the date of entry into force of the Montreal
Convention, whatever is the latest.

This Regulation shall be binding in its entirety and directly
applicable in all Member States.