Amended 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 (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)
Date: 2002-12-04
Institutions: European Commission
Subjects: aeronautical industry, air transport, carrier, common transport policy, consumer protection, indemnification, ticket

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Amended 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 (1)

(2003/C 71 E/10)

(Text with EEA relevance)

COM(2002) 717 final — 2001/0305(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 4 December 2002)

(Amendments are indicated by underlining/strikeout in the text)

EXPLANATORY MEMORANDUM

On 21 December 2001, the Commission submitted a proposal for a regulation of the European Parliament
and of the Council establishing common rules on compensation and assistance to passengers in the event
flights (COM(2001) 784 final — C 5 —
of denied boarding and of cancellation or long delay of
0700/2001 — 2001/0305(COD)) for adoption by the codecision procedure laid down in Article 251
of the Treaty establishing the European Community.

On 24 October 2002, the European Parliament approved at first reading a series of amendments. On this
occasion the Commission gave its position on each amendment, indicating which amendments it could
accept entirely or partially and which amendments could not be included. Of the forty amendments
adopted by the European Parliament, the Commission accepted fourteen (some with redrafting or in
principle) and eight partially.

1. Amendments accepted/accepted in part

The modified proposal incorporates the text or substance of the European Parliament's amendments No 1,
6, 8, 9, 10, 11, 12, 14 (partly), 22 (partly), 25 (partly), 26, 27, 28 (partly), 29 (partly), 31 (partly), 32, 33
(partly), 34, 36, 38, 39 (partly) and 42, aiming at strengthening certain elements or clarifying the text of
the Commission's initial proposal.

1.1. Recitals

The following elements have been incorporated:

— A new recital, 8a, has been introduced which incorporates the concept of ‘force majeure’, replacing that
of ‘exceptional circumstances beyond the responsibility of an air carrier’ as proposed in amendment 1.
This will help clarify the circumstances in which air carriers are not responsible for cancellations or
long delays. For guidance, examples are given of cases of force majeure.

— Accordingly, recital 7 has been modified and the reference to ‘exceptional circumstances beyond the

responsibility of an air carrier’ has been deleted.

1.2. Article 1

Under point (b), a reference to ‘force majeure’ replaces that to ‘exceptional circumstances beyond the
responsibility of an air carrier’, in order to help clarify the circumstances where carriers are not responsible
for cancellations or long delays (amendment 6).

1.3. Article 2

— Under point (ha) a definition of ‘force majeure’

in harmony with that of Council
Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours
(amendment 8).

is introduced,

(1) OJ C 103 E, 30.4.2002, p. 225.

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— Under points (hb) and (hc) definitions are given of ‘denied boarding’ and of ‘volunteer’, in order to
clarify the text. However the conditions under which passengers enjoy rights (possession of a valid
ticket and confirmed reservation and presentation for check-in within a time limit) are kept in Article
3, as they apply to all provisions of the regulation (amendment 9 and 10).

— Under point (hd) ‘cancellation’

is defined, while the time limit on the coverage of cancellations is

introduced in Article 10, paragraph 2 (amendment 11).

— Under point (he) the standard definition of a ‘person with reduced mobility’ of the European Civil
these

to ensure consistency in meeting the special needs of

Aviation Conference is introduced,
passengers (amendment 12).

1.4. Article 3

In paragraph 1, point (a), the time limit for presentation at the check-in desk, when an air carrier or tour
operator does not stipulate a time, is changed from thirty to sixty minutes. The latter is more appropriate
because of the reinforcement of security measures since 11th September (amendment 14).

1.5. Article 6

Reference is made to ‘person with reduced mobility’ instead of ‘disabled passenger’ following the intro-
duction of the term under Article 2, point (he). Also the prohibition to deny boarding is extended to
certified service dogs, as blind or poorly sighted passengers may only be able to travel if accompanied by
them (amendment 22).

1.6. Article 8

— In paragraph 1, under point (c), the condition ‘subject to availability’ limits the right to re-routing at a
later date at the passenger's convenience. This makes clear that air carriers and tour operators would
not be obliged to organise flights specially for passengers affected by denied boarding or cancellation
(amendment 25).

— In the last sentence of paragraph 1, the right to a free telephone call, telex, fax message and/or e-mail
to the point of departure is introduced (in addition to one to the final destination). This will enable
passengers to communicate with all
travel plans
(amendment 26).

those concerned by the disruption of

their

1.7. Article 9

Under point (ba), passengers are given the additional right to free transport, or reimbursement of expenses,
for the journey from the airport to their place of accommodation and back. This will relieve them of
sometimes heavy expenditure when affected by denied boarding, cancellation or long delay (amendment
27).

1.8. Article 10

— In paragraph 1, the notion of ‘force majeure’ is introduced to clarify the circumstances where carriers

are not responsible for cancellations (amendment 28).

— In paragraph 2, the coverage of cancellations is limited to those made within seven days of departure,
to avoid putting financial pressure on carriers or tour operators to maintain their programmes irres-
pective of demand. The time of seven days before the expected time of departure gives passengers time
to change their travel arrangements (first part of amendment 29). The ‘48 hours’ proposed in
amendment 29 has been considered too short to give passengers the time needed to make new
travel arrangements.

— In the same paragraph, the obligation is introduced to explain alternative means of travel to passengers
affected by a cancellation, when contacted by a carrier or tour operator (third part of amendment 29).

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1.9. Article 11

— In paragraph 1, the right of choice between a refund and an alternative flight is replaced by that to care
while awaiting a later flight (meals, hotels, etc.). This will ensure good care of all passengers suffering
long delays, including overnight accommodation when needed. The change will also prevent disruption
and further delay that the provision of refunds or alternative flights might cause in certain circum-
stances (amendment 31).

— A second change to the first paragraph introduces the concept of ‘force majeure’, to clarify when
carriers and tour operators are not responsible for care in the event of long delays (amendments 31
and 33).

— Paragraph 2 is deleted and its content transferred to paragraph 1, so as to clarify and simplify the text

(amendment 32).

1.10. Article 12

The additional sentence prevents passengers from claiming further compensation in court, when they have
accepted to give up their reservations under conditions agreed with the air carrier or tour operator
(amendment 34).

1.11. Article 14

The content of amendment 36 which requires carriers and tour operators, when denying boarding or
cancelling, to inform passengers of the body designated to receive complaints has been introduced in order
to facilitate the lodging of complaints. This helps passengers to exercise their rights.

1.12. Article 15

Amendment 42 providing protection in the event of air carriers or tour operators introducing restrictive
clauses into contracts (despite the prohibition to do so) and of passengers accepting compensation on that
basis has been incorporated.

1.13. Article 18

In order to clarify that air passengers maintain their rights to go to court to claim further compensation, if
they lodge a complaint, the content of amendment 38 has been introduced.

1.14. Article 19

An obligation on the Commission to report no later than five years after the entry into force of the
regulation replaces that to report by 1st January 2008. This ensures a sufficient period for the Commission
to draw valid conclusions about the operation and results of the regulation (amendment 39).

2. Amendments not accepted

The modified proposal does not integrate the European Parliament's amendments No 2, 3, 4, 5, 7, 13, 14
(partly), 15, 16, 17, 18, 19, 20, 21, 22 (partly), 23, 24, 25 (partly), 28 (partly), 29 (partly), 30, 31 (partly),
33 (partly), 35, 37 and 39 (partly). More specifically:

— The exclusion of passengers on package tours so that the regulation would just apply to seat-only
passengers. This is on the grounds that the Package Travel Directive (90/314/EEC) adequately protects
them. However the directive only makes tour operators liable for non-performance of contracts, so that
clients can sue them for damages. In contrast, the proposed regulation would give passengers precise,
automatic rights, which they would enjoy immediately and without going to court. There is no
justification for protecting passengers facing the same problems to different degrees (amendments 2,
3, 13 and 15).

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— The allocation of the available places,

in the event of overbooking, according to uniform criteria
(amendment 4 and 21). The central aim of the proposal is to induce airlines and tour operators to
find volunteers to surrender their reservations, so drastically cutting the number of passengers
prevented from flying against their will.
If airlines had to follow uniform criteria for allocating
places, they would be unable to negotiate with potential volunteers.

— The rates of compensation proposed in amendment 23, namely 200-400-600 euros depending on
three distance bands. These reduced increases over present levels would not be enough to change the
behaviour of airlines, that is to induce a switch from denying passengers boarding against their will to
persuading them voluntarily to surrender their reservations. The lowest of the three rates, 200 Euro, is
a particular problem, as it represents no increase after taking into account of inflation. The inadequacy
of present levels is shown by the fact that airlines continue to deny boarding to large numbers of
passengers. Accordingly, the three distance bands used in amendment 24 and in amendment 31 have
not been taken over for reason of consistency.

— The organisation of care under Article 9 within one hour as it would be difficult to implement it and

attempting to do so could cause further delays (amendment 31).

— The creation of shared responsibility for meeting the obligations of the regulation,

in the case of
code-sharing between the carriers and when logistically impossible for a tour operator to fulfil these
obligations (amendments 16, 17, 18, 19, 28, 29, 30 and 31). This would create uncertainty for
passengers and disputes between the different parties. The Commission's solution is instead to
oblige the tour operator or contracting carrier to make any arrangements needed with the operating
carrier, who has personnel in the airport. This would make responsibility clear, and would be practical
to implement.

— The elimination of compensation in the case of delays of less than one hour. This would greatly reduce

the incentive to find volunteers (amendment 24).

— The adjustment of levels in line with inflation every three years is rejected because the Commission has
to report 5 years after the entry into force of the regulation and may make appropriate proposals
(amendment 23).

— The references to the last flight coupon on a ticket in case of successive flights for the definition of
final destination (amendment 7). This would only refer to paper tickets. The Commission's proposal
would instead cover all forms of ticket, including electronic ones, which increasingly replace paper
documents.

— The elimination to stipulate the check-in time in writing. For passengers to exercise their rights, they

require written information — whether on paper or in electronic form (amendment 14).

— The prohibition for air carriers and tour operators from denying boarding to passengers travelling with
small children. Including these passengers would greatly extend the scope of the article, so reducing the
flexibility that carriers and tour operators need to successfully operate volunteer schemes. Furthermore,
the term ‘small children’
is not sufficiently precise to create a clear, unambiguous obligation
(amendment 22).

— The limitation of the obligation to reimburse tickets or to re-route passengers within the period of
validity of the ticket. This restriction of the rights of passengers would have little justification and serve
little practical purpose, as the regulation would oblige compensation and assistance of passengers
immediately, while the ticket was valid (amendment 25).

— Amendment 5, requiring rules similar to those of the proposed regulation to be established for other
modes of transport cannot be accepted. While the Commission intends to take initiatives to protect the
rights of passengers using other modes of transport, these are outside the scope of the present
proposal.

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— The elimination of the definition of the price on which a refund should be based in the event of

down-grading, so preventing legal certainty to the detriment of passengers (amendment 20).

— The Commission cannot accept to limit the obligation to provide care to passengers in situations where
local conditions allow it. This condition would weaken the protection of passengers and is not
sufficiently precise to provide legal certainty (amendment 33).

— The liability of authorities for denied boarding, cancellation and delays. The liability of such agencies,
providing in particular air traffic control and airport capacity, and of other service suppliers is outside
the scope of this proposal (amendment 35).

— Amendment 37 on consumer reports. While the Commission is developing reports on the performance

of airlines, it considers them outside the scope of this proposal.

— The Commission does not see the justification for linking its obligation to report on the operation and
on the result of this Regulation to the designation of enforcement bodies under Article 17 (amendment 39).

3.

The Commission therefore amends its proposal, pursuant to Article 250(2) of the EC Treaty.

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 taken of
requirements of consumer
protection.

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 Regulation (EEC) No 295/91 (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

(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
flights should also be reduced, except
cancellation of
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.

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

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

journeys under

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter

(8a) When cancellation is caused by force majeure, such as
political
instability, extreme meteorological conditions,
shortcomings in security or in safety despite due care
and full compliance with safety and security standards
it should be considered
or strikes in essential services,
beyond the responsibility of an air carrier or
tour
operator or its agent.

This Regulation establishes minimum rights for air passengers
when:

(a) denied boarding;

(b) their flight is cancelled, except for reasons of force majeure;

(c)

their flight is delayed for a specified time.

(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.

Article 2

Definitions

For the purposes of this Regulation:

(10) Since

between

distinction

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

scheduled

including

services

flights,

non-

on

(11) Since

are generally
concerning

tour operators
decisions

for
travel,
commercial
they should be responsible for
holidays and tours,
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

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

(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.

(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.

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

‘air carrier’ means an air transport undertaking with a
valid operating licence;

‘Community carrier’ means an air carrier with a valid
operating
in
accordance with the provisions of Council Regulation
(EEC) No 2407/92 (1);

granted by

a Member

licence

State

‘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);

‘package’ means those services defined in Article 2 point 1
of Directive 90/314/EEC;

to
‘ticket’ means a valid document giving entitlement
transport, or an equivalent in paperless form, including
electronic form, issued or authorised by the air carrier or
its authorised agent;

‘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;

‘code-sharing’ means a situation in which a passenger has
a contract and confirmed reservation with one air carrier,
the marketing carrier, but is transported by another, the
operating carrier;

‘final destination’ means the destination on the ticket
in the case of
presented at
the last
directly connecting flights,
flight.

the check-in counter or,

the destination of

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

repealed,

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

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(ha)

‘force majeure’ means unusual and unforeseeable circum-
stances beyond the control of the party by whom it is
pleaded, the consequences of which could not have been
avoided even if all due care had been exercised;

This Regulation applies to any air carrier or tour operator
3.
with which a passenger referred to in paragraph 1 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.

(hb) ‘denied boarding’ means a refusal

to accommodate

passengers on a flight;

(hc)

‘volunteer’ means a person who responds positively to the
carrier's call for passengers prepared to surrender their
confirmed reservation in exchange for benefits;

(hd) ‘cancellation’ means

the non-performance of a flight

places on which have been put on the market;

(he)

‘person with reduced mobility’ means any person whose
mobility is reduced due to any physical disability (sensory
impairment, age, or any
or locomotory), an intellectual
other cause of disability when using transport, and
whose situation needs special attention or adaptation of
services ordinarily made available to all passengers.

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 sixty 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.

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.

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
follow when
regulation,
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.

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.

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Article 6

Boarding of disabled and other passengers with special
needs

An air carrier or tour operator shall not deny boarding to a
person with reduced mobility, to an accompanying person or
certified service dog, or to an unaccompanied child.

Article 7

Right to compensation

In the case of denied boarding passengers shall receive

1.
compensation amounting to:

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

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

final destination at
convenience and subject to availability.

later date

at

a

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

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

Article 9

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

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

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;

(ba) free transport or

the
journey from the airport to the place of accommodation
(hotel or other) and return.

reimbursement of expenses for

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 force majeure.

2. When, less than seven days before the expected time of
departure, an air carrier or tour operator cancels or reasonably
expects to cancel a flight, it shall make every effort to contact
the passengers affected in order to explain to them any possible
alternatives and to agree with them the conditions under which
they accept to surrender their confirmed reservations. At the
very least the passengers shall be offered a choice between:

(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

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(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.
operator does not reach an agreement
in accordance with
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 care
offered in the case of denied boarding as specified in Article 9,
except when it can prove that the delay was solely caused by
force majeure.

In any event, that care shall be offered within the time
2.
limits set out in paragraph 1 with respect to each distance
bracket. Such care shall be offered immediately to a person
with reduced mobility, to an accompanying person and to an
unaccompanied child irrespective of the distance of the flight.

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 except with regard to volunteers
who have surrendered a confirmed reservation in accordance
with Article 5, paragraph 1 or Article 10, paragraph 2.

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 passenger:
‘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. The contact details
of the body stipulated in Article 18 shall also be given to the
passenger in written form.

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. If, nevertheless,
such a derogation or restrictive clause is applied in respect of
a passenger, and the latter has accepted compensation inferior
to that provided for in this Regulation, the passenger shall be
entitled to take the necessary legal action in the competent
courts in order to obtain additional compensation.

Article 16

Penalties

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.
to the
The Member States
the latest and shall
Commission by 1st
notify it without delay of
amendment
affecting them.

shall notify those provisions
January 2004 at

any subsequent

Article 17

Enforcement

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.

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

25.3.2003

EN

Official Journal of the European Union

C 71 E/197

Article 18

Complaints

Without prejudice to Article 12, 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 responsible, the body shall
communicate the complaint
to the body responsible for
enforcement in the case in question. The body responsible
any measures
shall
necessary to ensure that
the passenger are
respected.

the rights of

investigate

complaint

and take

the

the Regulation on its overall operation and results, in particular
the incidence of denied boarding and of cancellation of flights.

The report shall be accompanied where necessary by legislative
proposals.

Article 20

Repeal

Regulation (EEC) No 295/91 is repealed.

Article 21

Entry into force

Article 19

Report

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

The Commission shall report to the European Parliament and
the Council no later than five years after the entry into force of

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