Amended proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) N° 2027/97 on air carrier liability in the event of accidents - (presented by the Commission pursuant to Article 250 (2) of the EC-Treaty)
Date: 2001-05-21
Institutions: European Commission
Subjects: air transport, carrier, indemnification, transport accident, traveller

C 213 E/298

EN

Official Journal of the European Communities

31.7.2001

Amended 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 (1)

(2001/C 213 E/21)

(Text with EEA relevance)

COM(2001) 273 final (cid:151) 2000/0145(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 21 May 2001)

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

INITIAL PROPOSAL

AMENDED PROPOSAL

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Unchanged

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:

(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.

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

(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.

Unchanged

(3) For some third country carriers the Warsaw Convention
may continue to exist alongside the Montreal Convention
for an indefinite period.

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

(4) 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 by

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

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INITIAL PROPOSAL

AMENDED PROPOSAL

(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.

(6) 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.

(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 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) 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) 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.

(10) 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 and clear rules for both passengers and
airlines
to recognise when
and enable passengers
additional insurance is necessary.

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

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

(11) It

is desirable to relieve accident victims and their
in the

dependants of
short-term financial
period immediately after an accident.

concerns

(12) It

is desirable to relieve accident victims and their
in the

dependants of
short-term financial
period immediately after an accident.

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) 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.

___________
(1) OJ L 285, 17.10.1997, p. 1.
(2) OJ L 240, 24.8.1992, p. 1.

___________
(1) OJ L 285, 17.10.1997, p. 1.
(2) OJ L 240, 24.8.1992, p. 1.

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INITIAL PROPOSAL

AMENDED PROPOSAL

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

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

(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.

(15) 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.

(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,

(16) 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:

Unchanged

Article 1

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

1. The Title shall be replaced by the following:

1. The Title shall be replaced by the following:

(cid:145)Regulation (EC) No 2027/97 on air carrier liability(cid:146)

(cid:145)Regulation (EC) No 2027/97 on air carrier liability in
respect of the carriage of passengers and their baggage
by air(cid:146).

2. Article 1 shall be replaced by the following:

Unchanged

(cid:145)Article 1

(cid:145)Article 1

1.
This Regulation lays 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.

1.
This Regulation implements the relevant provisions
of
the Montreal Convention in relation to carriage of
certain
passengers
and
supplementary provisions. It also extends the application
of these provisions to carriage within a single Member
State.(cid:146)

baggage

down

lays

and

2.
the
This Regulation extends certain provisions of
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 for
reward,
within a single Member State.
It applies equally to all
gratuitous carriage by aircraft of persons and baggage
performed by Community air carriers.(cid:146)

Deleted

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INITIAL PROPOSAL

AMENDED PROPOSAL

3. Article 2 shall be amended as follows:

Unchanged

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

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

(cid:145)(c) (cid:147)person entitled to compensation(cid:148) shall mean a
passenger or any natural person entitled to claim
in accordance with
in respect of that passenger,
applicable law;(cid:146)

(cid:145)(c) (cid:147)person entitled to compensation(cid:148) shall mean a
passenger or any person entitled to claim in
in accordance with
respect of
applicable law;(cid:146)

that passenger,

ii) Point (d) shall be deleted replaced by the following:

ii) Point (d) shall be replaced by the following:

(cid:145)(d) (cid:147)baggage(cid:148), unless otherwise specified, shall mean
in
in

both
baggage
accordance with the meaning provided for
article 17(4) of the Montreal Convention.(cid:146)

unchecked

checked

and

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

Unchanged

(cid:145)(f) (cid:147)Warsaw Convention(cid:148) 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
Convention done at Guadalajara on 18 September
1961;(cid:146)

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

(cid:145)(g) (cid:147)Montreal Convention(cid:148) shall mean the Convention
for the Unification of Certain Rules Relating to
International Carriage by Air signed at Montreal
on 28 May 1999.(cid:146)

v) Paragraph 2 shall be replaced by the following:

Concepts contained in this Regulation which are
(cid:145)2.
not defined in paragraph 1 shall be equivalent to those
used in the Montreal Convention.(cid:146)

4. Article 3 shall be replaced by the following:

(cid:145)Article 3

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 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.(cid:146)

2.
The obligation of insurance set out in Article 7 of
Regulation (EEC) No 2407/92 as far as it relates to liability
for passengers shall be understood as requiring that a
Community air 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.(cid:146)

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INITIAL PROPOSAL

AMENDED PROPOSAL

5. The following Article 3a shall be inserted:

Unchanged

(cid:145)Article 3a

The liability of a Community air carrier for damage
1.
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.

The supplementary sum which, in accordance with
2.
Article 22(2) of
the Montreal Convention, may be
demanded by a Community air 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 shall notify the passenger concerned, that the
complaint has been received and is being assessed.(cid:146)

Deleted

6. Article 4 shall be replaced by the following:

Unchanged

(cid:145)Article 4

Nothing in this Regulation shall:

(cid:151) imply that a Community air carrier is the sole party

liable to pay damages.

(cid:151) prejudice the question whether a person liable for
damage in accordance with its provisions has a right
of recourse against any other person.(cid:146)

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

(cid:145)2. Without prejudice to paragraph 1, 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.(cid:146)

8. Article 5(3) shall be replaced by the following:

(cid:145)3.
An advance payment shall not constitute recognition
of liability and may be offset against any subsequent sums
paid on the basis of Community air carrier liability, but is
not returnable, except in the cases prescribed in Article 20
of the Montreal Convention or where the person who
received the advance payment was not
the person
entitled to compensation.(cid:146)

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INITIAL PROPOSAL

AMENDED PROPOSAL

8. Article 6 shall be replaced by the following:

9. Article 6 shall be replaced by the following:

(cid:145)Article 6

Unchanged

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 the provisions is made
available to passengers at points of sale 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.

compensation

All air carriers selling air transport services in the
2.
Community shall ensure that a summary of
the main
provisions governing liability of passengers and their
including notification of deadlines for filing an
baggage,
possibility
action
of
and
for
is made available
supplementary insurance for baggage,
to passengers at all points of sale,
including sale by
telephone and via the Internet. In order to comply with
this information requirement, Community air carriers shall
avail themselves of the notice contained in the annex to
this Regulation.

the

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:

3.
In addition to the information requirements set out
in paragraph 2, all air carriers shall provide each consumer
in the Community who purchases air transport services
with a written indication of:

(cid:151) the applicable limit

flight on the carrier’s
liability in respect of death or injury, if such a limit
exists;

for that

Unchanged

(cid:151) the applicable limit

for that

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

figure should be brought

(cid:151) 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 the written notice shall be
those established by this Regulation

4.
In the case of all carriage performed by Community
air carriers, the limits indicated in accordance with the
information requirement of paragraphs 2 and 3 shall be
those established by this Regulation unless the Community
air carrier applies higher limits by way of voluntary under-
taking.
carriage performed by
all
non-Community air carriers, paragraphs 2 and 3 of this
Article may only apply in relation to carriage to, from or
within the Community.(cid:146)

case of

In the

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INITIAL PROPOSAL

AMENDED PROPOSAL

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.(cid:146)

Deleted

9. Article 7 shall be replaced by the following:

10. Article 7 shall be replaced by the following:

(cid:145)Article 7

Unchanged

of

No later than six years after the entry into force of this
Regulation, the Commission shall draw up a report on the
the
application
the
Commission shall
examine
amounts mentioned in the
the
Montreal Convention in the light of economic devel-
opments(cid:146)

particular,
the need to revise
relevant Articles of

the Regulation.

In

No later than three years after the date on which this
Regulation begins to apply, the Commission shall draw
up a report on the application of
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 devel-
opments
ICAO
Depositary.(cid:146)

recommendations

the Regulation.

and

the

the

of

Article 2

Unchanged

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.

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Official Journal of the European Communities

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INFORMATION NOTICE IN ACCORDANCE WITH ARTICLE 6, PARAGRAPH 2

ANNEX

Liability of Community air carriers to passengers

This information notice summarises the liability rules to be applied by Community air carriers under EC legislation and
the Montreal Convention.

The basis for the rules is the Montreal Convention of 28 May 1999, which is implemented in the Community by
Regulation (EC) No 2027/97 (as amended). The information is a summary and cannot be used to interpret this legis-
lation. In the event of any inconsistency, the provisions of Regulation (EC) No 2027/97 prevail over this notice.

Passengers are advised to ensure that they have adequate insurance cover when travelling to supplement their rights
under the law.

Compensation for death or injury

There are no financial limits to liability for death or injury of passengers. For damages up to 100 000 Special Drawing
Rights (approximate amount in local currency), the air carrier cannot exclude or limit its liability. Above that amount,
the air carrier can defend itself against claims by proving that it was not negligent or otherwise at fault.

Advance payments

If a passenger is killed or injured, the carrier must make an advance payment to cover immediate economic needs. In
the event of death, this advance payment shall not be less than 16 000 SDRs (approximate amount in local currency).

Passenger delays

In case of delay, the carrier is liable for damages unless it took all reasonable measures to avoid it or it was impossible to
take such measures. The liability for delay is limited to 4 150 SDRs (approximate amount in local currency).

Baggage

The carrier is liable for destruction, loss, damage or delay of baggage up to a limit of 1 000 SDRs (approximate amount
in local currency) per passenger. In the case of checked baggage, it is liable even if not at fault, unless the damage results
from an inherent defect of the baggage. In that of unchecked baggage, the carrier is liable only if at fault.

A passenger can benefit from a higher liability limit for checked baggage by making a special declaration and paying a
supplementary fee.

Complaints about baggage

If checked baggage is damaged, the passenger must write and complain to the carrier within seven days from the date
the baggage was received. If the baggage is delayed, the passenger must write and complain to the carrier within
twenty-one days of the date on which it is placed at his or her disposal.

Liability of contracting and actual carriers

If the carrier actually performing the flight is not the same as the contracting carrier, whose name or code is on the
ticket, the passenger has the right to address a complaint to or make a claim for damages against either.

Time limit for action

Any action in court to claim damages must be brought within two years from the date of arrival at destination or from
the date on which the aircraft ought to have arrived.