European Parliament legislative resolution on the proposal for a European Parliament and Council regulation amending Regulation (EC) No 2027/97 on air carrier liability in the event of accidents (COM(2000) 340 — C5-0294/2000 — 2000/0145(COD))
Date: 2001-04-05
Institutions: Committee on Regional Development, European Parliament
Subjects: air transport, carrier, indemnification, transport accident, traveller

24.1.2002

EN

Official Journal of the European Communities

C 21 E/317

TEXT PROPOSED
BY THE COMMISSION

Thursday 5 April 2001

AMENDMENTS
BY PARLIAMENT

test claims for compensation for checked baggage. For
hand baggage the air carrier is only liable for damage
resulting from its fault.

A passenger may agree a higher liability limit with the
air carrier by making a special declaration and on pay-
ment of an additional fee.

Complaints

Passengers are advised to write to the air carrier and
inform it of any damage as soon as possible.
If
checked baggage is damaged the passenger must
write to the air carrier within seven days from the
date the baggage was received. In the event of delayed
or lost baggage the passenger must write to the air
carrier within twenty-one days.

If the air carrier performing the flight is not the same
as the air carrier whose name or code is on the ticket,
the passenger has the right to address a claim or a
complaint to either.

Time limit for action

A passenger or next-of-kin who is not satisfied with
the compensation offered by the air carrier must go to
court within two years from the scheduled arrival
time.

The basis for the rules described above is the Mon-
treal Convention of 28 May 1999, which is imple-
mented in the Community by Regulation (EC)
No 2027/97 (as amended) and national legislation of
the Member States. The information is a summary
and cannot be used to interpret the legislation now
referred to.

European Parliament legislative resolution on the proposal for a European Parliament and Council
regulation amending Regulation (EC) No 2027/97 on air carrier liability in the event of accidents
(COM(2000) 340 (cid:129) C5-0294/2000 (cid:129) 2000/0145(COD))

(Codecision procedure: first reading)

The European Parliament,

(cid:129) having regard to the Commission proposal

to the European Parliament and the Council

(COM(2000) 340) (1),

(cid:129) having regard to Article 251(2) and Article 80(2) of the EC Treaty pursuant to which the Commission

submitted the proposal to Parliament (C5-0294/2000),

(1) OJ C 337 E, 28.11.2000, p. 68.

C 21 E/318

Official Journal of the European Communities

EN

24.1.2002

Thursday 5 April 2001

(cid:129) having regard to Rule 67 of its Rules of Procedure,

(cid:129) having regard to the report of the Committee on Regional Policy, Transport and Tourism and the
opinions of the Committee on Legal Affairs and the Internal Market and the Committee on the
Environment, Public Health and Consumer Policy (A5-0093/2001),

1.

Approves the Commission proposal as amended;

Asks to be consulted again should the Commission intend to amend its proposal substantially or

2.
replace it with another text;

3.

Instructs its President to forward its position to the Council and Commission.

6. Coordination of transport by rail, road and inland waterway ***I

A5-0096/2001

Proposal for a European Parliament and Council regulation concerning the granting of aid for the
coordination of transport by rail, road and inland waterway (COM(2000) 5 (cid:129) C5-0402/2000 (cid:129)
2000/0023(COD))

The proposal was amended as follows:

TEXT PROPOSED
BY THE COMMISSION (1)

AMENDMENTS
BY PARLIAMENT

Amendment 1

Recital 2, introduction

Significant progress has now been made in the liberali-

(2)
sation of the inland transport sectors:

(2) After a considerable time, some progress has now been
made in the liberalisation of the inland transport sectors:

Amendment 2

Recital 2 a (new)

(2a) According to the common transport policy, infra-
structure financing mechanisms should not disadvantage
safer and more environment-friendly modes of transport,
such as waterways, rail and combined transport, compared
with the infrastructure financing of more damaging
modes.

(1) OJ C 365 E, 19.12.2000, p. 179.