Proposal for a Regulation of the European Parliament and of the Council establishing common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights
Date: 2001-12-21
Institutions: European Commission
Subjects: air transport, indemnification, organisation of transport, traveller

30.4.2002

EN

Official Journal of the European Communities

C 103 E/225

Proposal for a Regulation of the European Parliament and of the Council establishing common
rules on compensation and assistance to air passengers in the event of denied boarding and of
cancellation or long delay of flights

(2002/C 103 E/17)

(Text with EEA relevance)

COM(2001) 784 final — 2001/0305(COD)

(Submitted by the Commission on 21 December 2001)

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 the Economic and Social
Committee,

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

Acting in accordance with the procedure referred to in Article
251 of the Treaty,

Whereas:

(1) Action by the Community in the field of air transport
should aim, among other things, at ensuring a high
level of protection for passengers; moreover full account
should be
requirements of consumer
protection.

taken of

the

(2) Denied boarding and cancellation or long delay of flights
cause serious trouble and inconvenience to passengers.

(3) The Community should set common minimum standards
of protection both to strengthen the rights of passengers
and to ensure that air carriers operate under harmonised
conditions in a liberalised market.

(4) While Council Regulation (EEC) No 295/91 of 4 February
1991 establishing common rules for a denied boarding
compensation system in scheduled air transport (1) created
basic protection for passengers, the number of passengers
denied boarding against their will remains unacceptably
high. This can best be reduced by both requiring air
carriers to call for volunteers to surrender their reser-
in exchange for benefits, and deterring carriers
vations,
their will
from denying passengers boarding against
through a
a
dissuasive level.

to pay compensation at

requirement

(1) OJ L 36, 8.2.1991, p. 5.

(5) Passengers denied boarding against their will should be
able either to cancel their journeys, with reimbursement
of their tickets, or to continue them under satisfactory
conditions, and should be adequately cared for while
awaiting a later flight.

(6) Volunteers should also be able to cancel their journeys or
continue them under satisfactory conditions, since they
face difficulties of travel similar to those experienced by
passengers denied boarding.

(7) The trouble and inconvenience to passengers caused by
cancellation of
flights should also be reduced, except
when cancellation occurs in exceptional circumstances
beyond the responsibility of an air carrier or that of its
subcontracting agent. This can best be achieved by
requiring air carriers, before the scheduled time of
departure, to contact the passengers affected and agree
with them the conditions under which they volunteer to
surrender their reservations.

(8) Passengers whose flights are cancelled and who do not
volunteer to surrender their reservations should be able
their tickets or to
either to obtain reimbursement of
continue their
satisfactory conditions,
and should be adequately cared for while awaiting a
later flight.

journeys under

(9) Similarly, passengers whose flights are delayed for a
specified time should be able to cancel their journeys or
to continue them under satisfactory conditions.

(10) Since

between

distinction

and
the
non-scheduled air
is weakening, protection
should apply to passengers not only on scheduled but
also on non-scheduled flights, including those contained
in package travel, holidays and tours.

scheduled

services

(11) Since

are

generally

tour operators
decisions

for
travel,
commercial
holidays and tours,
they should be responsible for
compensation and assistance to passengers taking flights
contained in package travel, holidays and tours,
in the
event of denied boarding and cancellation or long delay.

responsible
package

concerning

(12) Since paperless tickets are becoming common, this Regu-
lation should cover all forms of tickets to ensure compre-
hensive protection of passengers.

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(13) Passengers should be fully informed of their rights in the
event of denied boarding and of cancellation or long delay
of flights, so that they can effectively exercise their rights.

(d) ‘package’ means those services defined in Article 2 point 1

of Directive 90/314/EEC;

(14) The Member States should lay down rules on penalties
applicable to infringements of the provisions of this Regu-
lation and ensure that
they are implemented. Those
penalties must be effective, proportionate and dissuasive.

(e) ‘ticket’ means a valid document giving entitlement

to
transport, or an equivalent
including
electronic form, issued or authorised by the air carrier or
its authorised agent;

in paperless form,

(15) Regulation (EEC) No 295/91 should accordingly be

repealed,

(f)

‘confirmed reservation’ means that
the passenger has a
ticket, or other proof, which indicates that the reservation
has been registered and confirmed by the air carrier or tour
operator;

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter

(g) ‘code-sharing’ means a situation in which a passenger has a
contract and confirmed reservation with one air carrier, the
marketing carrier, but
the
operating carrier;

transported by another,

is

This Regulation establishes minimum rights for air passengers
when:

(h) ‘final destination’ means the destination on the ticket
presented at
in the case of
the check-in counter or,
directly connecting flights, the destination of the last flight.

(a) denied boarding;

(b) their flight

is cancelled, except

for reasons beyond the
responsibility of an air carrier or that of its subcontracting
agent;

(c) their flight is delayed for a specified time.

Article 2

Definitions

For the purposes of this Regulation:

(a) ‘air carrier’ means an air transport undertaking with a valid

operating licence;

(b) ‘Community carrier’ means an air carrier with a valid
operating licence granted by a Member State in accordance
with
(EEC)
the
No 2407/92 (1);

of Council Regulation

provisions

Article 3

Scope

1.
This Regulation applies to passengers departing from an
airport located in the territory of a Member State to which the
Treaty applies, and to passengers having a contract with a
Community carrier or with a tour operator for a package
offered for sale in the territory of the Community departing
from an airport located in a third country to one situated in
the territory of a Member State to which the Treaty applies,
unless they benefit from compensation and assistance in that
third country, when they:

(a) have a confirmed reservation on a flight and present them-
selves for check-in, either as stipulated and at the time
indicated in advance and in writing by the air carrier, the
tour operator or an authorised travel agent, or if no time is
indicated, not later than thirty minutes before the published
departure time; or

(b) have been transferred by an air carrier or tour operator
from the flight for which they held a confirmed reservation
to another flight, irrespective of the reason.

(c) ‘tour operator’ means, with the exception of an air carrier,
an organiser or retailer in the sense of Article 2 points 2
and 3 of Council Directive 90/314/EEC (2);

(1) OJ L 240, 24.8.1992, p. 8.
(2) OJ L 158, 23.6.1990, p. 59.

This Regulation does not apply to passengers travelling
2.
free of charge or at a reduced fare not available directly or
indirectly to the public. However, passengers having tickets
issued under a Frequent Flyer Programme or other commercial
programme by an air carrier or tour operator are covered by
this Regulation.

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This Regulation applies to any air carrier or tour operator
3.
with which a passenger referred to in paragraph 1 and in the
second subparagraph of paragraph 2 has a contract. The tour
operator, or in the case of code sharing, the marketing carrier
shall make with the operating carrier any arrangements
necessary to ensure the implementation of the provisions of
this Regulation.

Article 6

Boarding of disabled and other passengers with special
needs

An air carrier or tour operator shall not deny boarding to a
to a
disabled passenger and any accompanying person,
passenger whose mobility is otherwise reduced or
to an
unaccompanied child.

The provisions of this Regulation shall not affect the

4.
rights of passengers under Directive 90/314/EEC.

Article 4

Rules laid down by the air carrier or tour operator

lay down the rules which it will

An air carrier or tour operator shall, in accordance with this
regulation,
follow when
passengers are denied boarding, including those on priorities
for passenger embarkation, and shall make them available to
the public. They shall form part of the contract or conditions
of carriage of the carrier or tour operator.

Article 5

Obligations towards passengers in case of denied boarding

1. When an air carrier or tour operator reasonably expects
to deny boarding on a flight, it shall first identify any passenger
still awaiting check-in for the flight concerned at the time
check-in closes and then call for volunteers to surrender their
confirmed reservations
for benefits under
conditions to be agreed between the passenger concerned
and the air carrier or tour operator.

in exchange

2.
Volunteers shall be assisted in accordance with Article 8,
such assistance being additional to the benefits mentioned in
the paragraph 1. If an insufficient number of volunteers comes
forward to allow the remaining passengers with confirmed
reservations to be accommodated on the flight, the air carrier
or tour operator may then deny boarding to passengers against
their will, in accordance with the rules laid down by the air
carrier or tour operator referred to in Article 4.

Article 7

Right to compensation

In the case of denied boarding passengers shall receive

1.
compensation amounting to:

(a) EUR 750 for flights of less than 3 500 kilometres;

(b) EUR 1 500 for flights of 3 500 kilometres or more.

In determining the relevant distance, the basis shall be the last
destination at which the denial of boarding will delay the
passenger's arrival after the scheduled time.

2. When passengers accept re-routing to their final desti-
nation on an alternative flight pursuant
the
arrival time of which does not exceed the scheduled arrival
time of the flight originally booked by two hours for flights
of less than 3 500 kilometres, and by four hours for flights of
3 500 kilometres or more, an air carrier or tour operator may
reduce the compensation provided for in paragraph 1 by 50 %.

to Article 8,

3.
The compensation referred to in paragraph 1 shall be
paid in cash or, with the signed agreement of the passenger,
by bank orders, bank cheques, in travel vouchers and/or other
services.

4.
The distances given in paragraphs 1 and 2 shall be
measured by the great circle track method (great circle route).

Article 8

Right to assistance

If boarding is denied to passengers, the air carrier or tour
3.
operator shall
immediately compensate them in accordance
with Article 7 and assist them in accordance with Articles 8
and 9.

4.
If an air carrier or tour operator places a passenger in a
class higher than that for which the ticket was purchased, it
may not request any supplement or payment. If an air carrier
or tour operator places a passenger in a class lower than that
for which the ticket was purchased,
it shall reimburse the
difference in price between the passenger's ticket and the
cheapest published fare available for the class in which he or
she is placed for that part of the journey.

In the case of denied boarding passengers shall be offered

1.
the choice between:

(a) reimbursement of the full cost of the ticket, under the
conditions by which it was paid, for the part or parts of
the journey not made and for the part or parts already
made, if no longer serving any purpose in relation to the
passenger's original travel plan, with a return flight to the
first point of departure at the earliest opportunity;

(b) re-routing, under comparable transport conditions, to their

final destination at the earliest opportunity; or

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(c) re-routing, under comparable transport conditions, to their
the passenger's

later date

at

a

final destination at
convenience.

The passengers shall also be offered free of charge a telephone
call and/or telex or fax message and/or e-mail to the point of
final destination.

2. When, in the case where a town, city or region is served
by several airports, an air carrier or tour operator offers a
passenger a flight to an alternative airport to that for which
the booking was made, the carrier or tour operator shall bear
the cost of travelling from that alternative airport either to that
for which the booking was made or to another close-by desti-
nation, agreed with the passenger.

Article 9

Right to care while awaiting a later flight

In the case of denied boarding passengers shall be offered free
of charge:

(a) meals and refreshments in a reasonable relation to the

waiting time;

(b) hotel accommodation in cases where a stay of one or more

nights, or an additional stay, becomes necessary.

Article 10

Cancellation

In the case of cancellation of a flight,

1.
the following
provisions apply except when the air carrier or tour operator
can prove that
it was done solely because of exceptional
circumstances beyond its responsibility or that of its subcon-
tracting agent.

2. When, before the scheduled time of departure, an air
carrier or tour operator cancels or reasonably expects to
cancel a flight,
the
it shall make every effort
passengers affected and to agree with them the conditions
under which they accept to surrender their confirmed reser-
vations. At the very least the passengers shall be offered a
choice between:

to contact

(a) either reimbursement of the full cost of the ticket, under
the conditions by which it was paid, for the part or parts of
their journey not made and for the part or parts already
made, if no longer serving any purpose in relation to the
passenger's original travel plan, with a return flight to the
first point of departure at the earliest opportunity; or

(b) rerouting, under comparable conditions of transport, to

their final destination at the earliest opportunity; or

(c) rerouting, under, comparable transport conditions, to their
final destination at a later date, at their convenience.

Those passengers, with whom an air carrier or tour
3.
in accordance with
operator does not reach an agreement
paragraph 2 and which present themselves for check-in in
accordance with Article 3, paragraph 1, shall be offered the
compensation and assistance offered in the case of denied
boarding, as specified in Articles 7, 8 and 9.

Article 11

Delay

1. When an air carrier or tour operator reasonably expects a
flight to be delayed beyond its scheduled time of departure for
two hours or more in the case of flights of less than 3 500
kilometres or for four hours or more in the case of flights of
3 500 kilometres or more, passengers shall be offered the
assistance offered in the case of denied boarding as specified
in Article 8.

In any event, that assistance shall be offered no later than two
hours after the scheduled time of departure of the flight in the
case of flights of less than 3 500 kilometres and no later than
four hours after the scheduled time of departure of the flight in
the case of flights of 3 500 kilometres or more.

it shall

to be delayed for

2. When an air carrier or tour operator reasonably expects a
two hours or more beyond its
flight
scheduled time of departure,
immediately offer the
assistance offered in the case of denied boarding as specified
in Article 9 to a disabled passenger and any accompanying
person, to a passenger whose mobility is otherwise reduced
or to an unaccompanied child, as well as any other assistance
reasonably required to meet
such
passengers.

the special needs of

Article 12

Further compensation

This Regulation shall apply without prejudice to a passenger's
subsequent application to the courts having jurisdiction, with a
view to further compensation.

Article 13

Compensation from a third party

In cases where an air carrier or tour operator pays compen-
sation or meets the other obligations incumbent on it under
this Regulation, no provision of this Regulation may be inter-
preted as restricting its right to seek compensation from a third
party in accordance with the law applicable.

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Article 14

Obligation to inform passengers of their rights

1.
The legal entity responsible for check-in of passengers
shall ensure that a clearly legible notice containing the
following text is displayed at the check-in area in a manner
clearly visible to passengers: ‘If you are denied boarding or if
your flight is cancelled or delayed for at least two hours, ask at
the check-in counter or boarding gate for the text stating your
rights, particularly with regard to compensation and assistance’.

2.
An air carrier or tour operator denying boarding or
cancelling a flight shall provide each passenger affected with
a written notice setting out the rules for compensation and
assistance in line with the provisions of this Regulation.
It
shall also provide each passenger affected by a delay of at
least two hours with an equivalent notice.

Article 15

Exclusion of waiver

to this Regulation
Obligations vis-à-vis passengers pursuant
may not be limited or waived, notably by a derogation or
restrictive clause in the contract of carriage.

Article 16

Penalties

this
investigation of complaints concerning the respect of
Regulation and for taking the measures necessary to ensure
that the rights of passengers are respected.

Article 18

Complaints

A passenger may complain to any body designated by a
Member State about a possible infringement of this Regulation
at any airport situated on the territory of a Member State [to
which the Treaty applies?] or concerning any flight from a
third country to an airport situated on that territory. If not
to
responsible,
the body responsible for enforcement in the case in question.
The body responsible shall investigate the complaint and take
any measures necessary to ensure that
the
passenger are respected.

the body shall communicate the complaint

the rights of

Article 19

Report

The Commission shall report to the European Parliament and
the Council by 1 January 2008 at the latest on the operation
and the results of this Regulation, in particular the incidence of
denied boarding and of cancellation of flights.

The report shall be accompanied where necessary by legislative
proposals.

Member States shall lay down the rules on penalties applicable
to infringements of this Regulation and shall take all measures
necessary to ensure that they are implemented. The penalties
provided for must be effective, proportionate and dissuasive.
The Member States
to the
Commission by 1 January 2004 at the latest and shall notify
it without delay of any subsequent amendment affecting them.

shall notify those provisions

Article 20

Repeal

Regulation (EEC) No 295/91 is repealed.

Article 17

Enforcement

Article 21

Entry into force

Each Member State shall designate the body responsible for the
enforcement of this Regulation and shall make this public. The
body shall be responsible for enforcement of the Regulation as
regards airports situated on the territory of the Member State
and flights from a third country to an airport situated on that
territory. It shall be responsible, among other things, for the

This Regulation shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities.

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