Common Position (EC) No 27/2003 of 18 March 2003 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a regulation of the European Parliament and of the Council establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (Text with EEA relevance)
Date: 2003-03-18
Institutions: Council of the European Union
Subjects: air transport, approximation of laws, carrier, common transport policy, consumer protection, indemnification, ticket, traveller

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COMMON POSITION (EC) No 27/2003

adopted by the Council on 18 March 2003

with a view to adopting Regulation (EC) No . . ./2003 of the European Parliament and of the
Council of . . . establishing common rules on compensation and assistance to passengers in the
event of denied boarding and of cancellation or long delay of flights, and repealing Regulation
(EEC) No 295/91

(2003/C 125 E/04)

(Text with EEA relevance)

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 (1),

Having regard to the Opinion of the European Economic and
Social Committee (2),

After consulting the Committee of the Regions,

(5) Since

services

the distinction between scheduled and non-
such protection
is weakening,
scheduled air
should apply to passengers not only on scheduled but
also on non-scheduled flights,
including those forming
part of package tours.

(6) The protection accorded to passengers departing from an
airport located in a Member State should be extended to
those leaving an airport located in a third country for one
situated in a Member State, when a Community carrier
operates the flight.

Acting in accordance with the procedure referred to in Article
251 of the Treaty (3),

(7)

Whereas:

In order to ensure the effective application of this Regu-
lation, the obligations that it creates should rest with the
operating air carrier who performs or intends to perform a
flight, whether with owned aircraft, under dry or wet
lease, or on any other basis.

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

requirements of

the

(8) This Regulation should not restrict

operating air carrier
person,
law applicable.

including third parties,

the rights of

the
to seek compensation from any
in accordance with the

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

(3) While Council Regulation (EEC) No 295/91 of 4 February
1991 establishing common rules for a denied boarding
transport (4)
compensation system in scheduled air
created basic protection for passengers, the number of
passengers denied boarding against their will remains too
high, as does that affected by cancellations without prior
warning and that affected by long delays.

(4) The Community should therefore raise the standards of
protection set by that Regulation both to strengthen the
rights of passengers and to ensure that air carriers operate
under harmonised conditions in a liberalised market.

(1) OJ C 103 E, 30.4.2002, p. 225.
(2) OJ C 241, 7.10.2002, p. 29.
(3) Opinion of the European Parliament of 24 October 2002 (not yet
published in the Official
Journal), Council Common Position of
18 March 2003 and Decision of the European Parliament of . . .
(not yet published in the Official Journal).

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

(9) The number of passengers denied boarding against their
will should be reduced by requiring air carriers to call for
volunteers to surrender their reservations, in exchange for
benefits, instead of denying passengers boarding, and by
fully compensating those finally denied boarding.

(10) Passengers denied boarding against their will should be
able either to cancel their flights, with reimbursement of
their
satisfactory
conditions, and should be adequately cared for while
awaiting a later flight.

to continue them under

tickets, or

(11) Volunteers should also be able to cancel their flights, with
reimbursement of their tickets, or continue them under
satisfactory conditions,
since they face difficulties of
travel similar to those experienced by passengers denied
boarding against their will.

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flights

(12) The trouble and inconvenience to passengers caused by
should also be reduced. This
cancellation of
should be achieved by inducing carriers
to inform
passengers of cancellations before the scheduled time of
them reasonable
departure and in addition to offer
re-routing,
can make other
the passengers
arrangements. Air carriers should compensate passengers
if they fail to do this and should also offer adequate care,
except when the cancellation occurs in extraordinary
circumstances which could not have been avoided even
if all reasonable measures had been taken.

so that

(13) Passengers whose flights are cancelled should be able
their tickets or to
either to obtain reimbursement of
obtain re-routing under
and
should be adequately cared for while awaiting a later
flight, except when cancellation occurs in extraordinary
circumstances which could not have been avoided even
if all reasonable measures had been taken.

satisfactory conditions,

(14) As under

the Montreal Convention, obligations on
operating air carriers should be limited or excluded in
cases where an event has been caused by extraordinary
circumstances which could not have been avoided even
if all reasonable measures had been taken. Such circum-
stances may, in particular, occur in cases of political insta-
bility, meteorological conditions incompatible with the
operation of the flight concerned, security risks, unex-
pected flight safety shortcomings and strikes that affect
the operation of an operating air carrier.

(15) Delays due to air traffic management decisions should not
normally be classified as extraordinary circumstances.
However, extraordinary circumstances should be deemed
to exist where the impact of an air traffic management
decision in relation to a particular aircraft on a particular
day gives rise to a long delay, an overnight delay, or the
cancellation of one or more flights by that aircraft, even
though all reasonable measures had been taken by the air
carrier concerned to avoid the delays or cancellations.

(16) In cases where a package tour is cancelled for reasons
this Regulation

than the flight being cancelled,

other
should not apply.

(17) Similarly, passengers whose flights are delayed for a
specified time should be able to cancel their flights with
reimbursement of their tickets or to continue them under
satisfactory conditions, and should be adequately cared for
while awaiting a later flight, except when the delay occurs
in extraordinary circumstances which could not have been
avoided even if all reasonable measures had been taken.

(18) Care for passengers awaiting an alternative or a delayed
flight may be limited or declined if the provision of the
care would itself cause further delay.

(19) Operating air carriers should meet the special needs of
persons with reduced mobility and any persons accom-
panying them.

(20) 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.

(21) Member States

should lay down rules on sanctions
applicable to infringements of the provisions of this Regu-
lation and ensure that these sanctions are applied. The
sanctions should be effective, proportionate and dissuasive.

(22) Member States

should ensure and supervise general
compliance by their air carriers with this Regulation and
designate
such
enforcement tasks. The supervision should not affect the
rights of passengers and air carriers to seek legal redress
from courts under procedures of national law.

an appropriate body

to carry out

(23) The Commission should analyse the application of this
Regulation and should assess in particular the opportunity
of extending its scope to all passengers having a contract
with a tour operator or with a Community carrier, when
departing from a third country airport to an airport in a
Member State.

(24) Arrangements for greater co-operation over the use of
Gibraltar airport were agreed in London on 2 December
1987 by the Kingdom of Spain and the United Kingdom
in a joint declaration by the Ministers of Foreign Affairs of
the two countries. Such arrangements have yet to enter
into operation.

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

repealed,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject

This Regulation establishes, under the conditions specified

1.
herein, minimum rights for passengers when:

(a) they are denied boarding against their will;

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(b) their flight is cancelled;

(c) their flight is delayed.

Application of

this Regulation to Gibraltar airport

2.
is
understood to be without prejudice to the respective legal
positions of the Kingdom of Spain and the United Kingdom
with regard to the dispute over sovereignty over the territory in
which the airport is situated.

3.
Application of this Regulation to Gibraltar airport shall
be suspended until the arrangements in the Joint Declaration
made by the Foreign Ministers of the Kingdom of Spain and
the United Kingdom on 2 December 1987 enter
into
operation. The Governments of Spain and the United
Kingdom will inform the Council of such date of entry into
operation.

Article 2

Definitions

For the purposes of this Regulation:

(a)

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

(b) ‘operating air carrier’ means an air carrier that performs or
intends to perform a flight under a contract with a
passenger or on behalf of another person,
legal or
natural, having a contract with that passenger;

(c)

(d)

‘Community carrier’ means an air carrier with a valid
operating licence granted by a Member State in accordance
with
(EEC)
No 2407/92 of 23 July 1992 on licencing of air carriers (1);

of Council Regulation

provisions

the

‘tour operator’ means, with the exception of an air carrier,
an organiser or retailer within the meaning of Article 2,
points 2 and 3, of Council Directive 90/314/EEC of 13 June
1990 on package travel, package holidays and package
tours (2);

(e)

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

(f)

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

something equivalent

in paperless

(g)

‘reservation’ means the fact that the passenger has a ticket,
or other proof, which indicates that the reservation has

been accepted and registered by the air carrier or tour
operator;

(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;

(i)

(j)

‘person with reduced mobility’ means any person whose
mobility is reduced when using transport because of any
physical disability (sensory or locomotory, permanent or
temporary),
impairment, age or any other
cause of disability, and whose situation needs special
attention and adaptation to the person's needs of
the
services made available to all passengers;

intellectual

although they have presented themselves

‘denied boarding’ means a refusal to carry passengers on a
flight,
for
boarding under the conditions laid down in Article 3(2),
except where there are reasonable grounds to deny them
boarding, such as reasons of health, safety or security, or
inadequate travel documentation;

(k)

‘volunteer’ means a person who has presented himself for
boarding under the conditions laid down in Article 3(2)
and responds positively to the air carrier's
for
call
passengers prepared to surrender
reservation in
exchange for benefits.

their

Article 3

Scope

1.

This Regulation shall apply:

(a) to passengers departing from an airport

located in the
territory of a Member State to which the Treaty applies;

(b) to passengers departing from an airport located in a third
country to an airport situated in the territory of a Member
State to which the Treaty applies, unless they received
benefits or compensation and were given assistance in
that
the
flight concerned is a Community carrier.

the operating air carrier of

third country,

if

2.

Paragraph 1 shall apply on the condition that passengers:

(a) have a reservation on the flight concerned and, except in
the case of cancellation referred to in Article 5, present
themselves for check-in,

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

— as stipulated and at the time indicated in advance and
in writing (including by electronic means) by the air
carrier, the tour operator or an authorised travel agent,

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or, if no time is indicated,

Article 5

Cancellation

— not

later

than thirty minutes before the published

departure time; or

In case of cancellation of a flight,

1.
concerned shall:

the passengers

(b) have been transferred by an air carrier or tour operator
for which they held a reservation to

from the flight
another flight, irrespective of the reason.

3.
This Regulation shall not apply to passengers travelling
free of charge or at a reduced fare not available directly or
indirectly to the public. However, it shall apply to passengers
having tickets issued under a Frequent Flyer Programme or
other commercial programme by an air carrier or
tour
operator.

4.
This Regulation shall apply to any operating air carrier
providing transport to passengers covered by paragraphs 1 and
2. Where an operating air carrier which has no contract with
it
the passenger performs obligations under this Regulation,
shall be regarded as doing so on behalf of the person having
a contract with that passenger.

5.
This Regulation shall not affect the rights of passengers
under Directive 90/314/EEC. This Regulation shall not apply in
cases where a package tour is cancelled for reasons other than
cancellation of the flight.

(a) be offered assistance by the operating air carrier

in

accordance with Article 8; and

(b) be offered assistance by the operating air carrier

in
accordance with Article 9, except where the carrier can
prove that
the cancellation is caused by extraordinary
circumstances which could not have been avoided even if
all reasonable measures had been taken; and

(c) have the right to compensation by the operating air carrier

in accordance with Article 7, unless

(i) they are informed of

least
weeks before the scheduled time of departure; or

the cancellation at

two

(ii) they are informed of the cancellation between two
weeks and seven days before the scheduled time of
departure and are offered re-routing, allowing them
to depart no more than two hours before the
scheduled time of departure and to reach their final
destination less than four hours after the scheduled
time of arrival; or

(iii) they are informed of the cancellation less than seven
days before the scheduled time of departure and are
offered re-routing, allowing them to depart no more
than one hour before the scheduled time of departure
and to reach their final destination less than two hours
after the scheduled time of arrival.

Article 4

Denied boarding

2. When passengers are informed of the cancellation, an
explanation shall be given concerning possible alternative
transport.

it shall

1. When an operating air carrier reasonably expects to deny
boarding on a flight,
for volunteers to
surrender their reservations in exchange for benefits under
conditions to be agreed between the passenger concerned
and the operating air carrier. Volunteers shall be assisted in
accordance with Article 8, such assistance being additional to
the benefits mentioned in this paragraph.

first call

2.
If an insufficient number of volunteers comes forward to
allow the remaining passengers with reservations to board the
flight, the operating air carrier may then deny boarding to
passengers against their will.

3.
An operating air carrier shall not be obliged to pay
if it can prove
compensation in accordance with Article 7,
that the cancellation is caused by extraordinary circumstances
which could not have been avoided even if all reasonable
measures had been taken.

4.
The burden of proof concerning the questions whether
and when the passenger has been informed of the cancellation
of the flight shall rest with the operating air carrier.

Article 6

Delay

If boarding is denied to passengers against their will, the
3.
operating air carrier shall
immediately compensate them in
accordance with Article 7 and assist them in accordance with
Articles 8 and 9.

1. When an operating air carrier 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

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— for four hours or more in the case of flights of 3 500

Article 8

kilometres or more,

passengers shall be offered by the operating air carrier the
assistance specified in Article 8, as well as, unless it can
prove that the delay is caused by extraordinary circumstances
which could not have been avoided even if all reasonable
measures had been taken, the assistance specified in Article 9.

2.
In any event, the assistance shall be offered within the
time limits set out above with respect to each distance bracket.

Article 7

Right to compensation

1. Where reference is made to this Article, passengers shall
receive compensation amounting to:

Right to reimbursement or re-routing

1. Where reference is made to this Article, passengers shall
be offered the choice between:

(a) — reimbursement within seven days, by the means
provided for in Article 7(3), of the full cost of the
ticket at the price at which it was bought,
for the
part or parts of the journey not made, and for the
part or parts already made if the flight is no longer
serving any purpose in relation to the passenger's
original travel plan, together with, when relevant:

— a return flight to the first point of departure, at the

earliest opportunity;

(a) EUR 250 for all flights of 1 500 kilometres or less;

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

final destination at the earliest opportunity; or

(b) EUR 400 for all

intra-Community flights of more than
1 500 kilometres, and for all other flights between 1 500
and 3 500 kilometres;

(c) EUR 600 for all flights not falling under (a) or (b).

In determining the distance, the basis shall be the last desti-
nation at which the denial of boarding or cancellation will
delay the passenger's arrival after the scheduled time.

2. When passengers are offered re-routing to their final
destination on an alternative flight pursuant to Article 8, the
arrival time of which does not exceed the scheduled arrival
time of the flight originally booked

— by two hours, in respect of flights of less than 3 500 kilo-

metres, or

— by four hours, in respect of flights of 3 500 kilometres or

more,

the operating air
provided for in paragraph 1 by 50 %.

carrier may reduce

the compensation

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

later date

final destination at
convenience, subject to availability.

at

a

Paragraph 1 (a) shall also apply to passengers whose
2.
flights form part of a package, except for the right to reim-
bursement where such right arises under Directive 90/314/EEC.

3. When, in the case where a town, city or region is served
by several airports, an operating air carrier offers a passenger a
flight to an airport alternative to that for which the booking
was made, the operating air carrier shall bear the cost of trans-
ferring the passenger 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

1. Where reference is made to this Article, passengers shall
be offered free of charge:

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

waiting time;

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

(b) hotel accommodation in cases

The distances given in paragraphs 1 and 2 shall be

4.
measured by the great circle route method.

— where a stay of one or more nights becomes necessary,

or

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— where a stay additional

to that

intended by the

passenger becomes necessary;

passenger's rights to further compensation. The compensation
granted under this Regulation may be deducted from such
compensation.

(c) transport between the airport and place of accommodation

(hotel or other).

In addition, passengers shall be offered free of charge two

2.
telephone calls, telex or fax messages, or e-mails.

3.
In applying this Article, the operating air carrier shall pay
particular attention to the needs of persons with reduced
mobility and any persons accompanying them, as well as to
the needs of unaccompanied children.

Article 10

Upgrading and downgrading

1.
If an operating air carrier places a passenger in a class
higher than that for which the ticket was purchased, it may not
request any supplementary payment.

2.
If an operating air carrier places a passenger in a class
it shall
lower than that for which the ticket was purchased,
within seven days, by the means provided for in Article 7(3),
reimburse 50 % of
intra-
flights to and from the French
Community flights, except
than
departments,
overseas
3 500 km, and 75 % in the
flights,
including flights to and from the French overseas departments.

flights
case of all other

the price of

the ticket

shorter

for all

other

and

2. Without prejudice to relevant principles and rules of
national law, including case-law, paragraph 1 shall not apply
to passengers who have voluntarily surrendered a reservation
under Article 4(1).

Article 13

Right of redress

In cases where an operating air carrier pays compensation or
meets the other obligations incumbent on it under this Regu-
lation, no provision of this Regulation may be interpreted as
restricting its right to seek compensation from any person,
including third parties, in accordance with the law applicable.
the
In particular,
from a
operating air carrier's right
tour operator or another person with whom the operating
air carrier has a contract.

to seek reimbursement

this Regulation shall

in no way restrict

Article 14

Obligation to inform passengers of their rights

The operating air carrier shall ensure that at check-in a
1.
clearly legible notice containing the following text is displayed
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 compen-
sation and assistance’.

Article 11

Persons with reduced mobility or special needs

Operating air carriers shall give priority to carrying
1.
persons with reduced mobility and any persons or certified
service dogs accompanying them, as well as unaccompanied
children.

2.
An operating air carrier 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 this Regulation.
shall also provide each
passenger affected by a delay of at least two hours with an
equivalent notice. The contact details of the national designated
body referred to in Article 16 shall also be given to the
passenger in written form.

It

2.
In cases of denied boarding, cancellation and delays of
any length, persons with reduced mobility and any persons
accompanying them, as well as unaccompanied children,
shall have the right to care in accordance with Article 9 as
soon as possible.

3.
In respect of blind and visually impaired persons, the
provisions of this Article shall be applied using appropriate
alternative means.

Article 12

Further compensation

1.

This Regulation shall apply without prejudice to a

Article 15

Exclusion of waiver

1.
Obligations vis-à-vis passengers pursuant to this Regu-
lation may not be limited or waived, notably by a derogation
or restrictive clause in the contract of carriage.

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If, nevertheless, such a derogation or restrictive clause is
2.
applied in respect of a passenger, or if the passenger is not
correctly informed of his rights and for that
reason has
accepted compensation which is inferior to that provided for
in this Regulation, the passenger shall still be entitled to take
the necessary proceedings before the competent courts or
bodies in order to obtain additional compensation.

Article 16

Infringements

Each Member State shall designate a body responsible for
1.
this Regulation as regards flights from
the enforcement of
airports situated on its territory and flights from a third
country to such airports. Where appropriate, this body shall
take the measures necessary to ensure that
the rights of
passengers are respected. The Member States shall inform the
the body that has been designated in
Commission of
accordance with this paragraph.

2. Without prejudice to Article 12, each passenger may
complain to any body designated under paragraph 1, or to
any other competent body designated by a Member State,
about an alleged infringement of
this Regulation at any
situated on the territory of a Member State or
airport
from a third country to an airport
concerning any flight
situated on that territory.

sanctions

3.
The
infringements
proportionate and dissuasive.

this

of

laid down by Member

Regulation

shall

be

States

for
effective,

Article 17

Report

The Commission shall report to the European Parliament and
the Council by 1 January 2006 on the operation and the
results of this Regulation, in particular regarding:

— the incidence of denied boarding and of cancellation of

flights,

— the possible extension of the scope of this Regulation to
passengers having a contract with a Community carrier or
holding a flight reservation which forms part of a ‘package
to which Directive 90/314/EEC applies and who
tour’
depart
in a
Member State, on flights not operated by Community air
carriers,

from a third-country airport

to an airport

— the possible revision of
referred to in Article 7(1).

the amounts of compensation

The report shall be accompanied where necessary by legislative
proposals.

Article 18

Repeal

Regulation (EEC) No 295/91 shall be repealed.

Article 19

Entry into force

This Regulation shall enter into force on . . . (*).

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

Done at . . .

For the European Parliament

The President

For the Council

The President

(*) Three months after its publication in the Official

Journal of

the

European Union.

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

the codecision procedure (Article 251 EC-Treaty),

the Council reached on
In the framework of
5 December 2002 a political agreement on the draft Regulation on establishing common rules on
compensation and assistance to air passengers in the event of denied boarding and of cancellation or
long delay of flights. The Council took its decision by qualified majority: the United Kingdom voted
against and Portugal abstained.

In taking its position, the Council took account of the opinion of the European Parliament in its first
reading on 24 October 2002, as well as of the opinion of the Economic and Social Committee.

The Regulation replaces Council Regulation No 295/91. It sets higher amounts of compensation in the
event of denied boarding, and also addresses the situation of cancellation of flights and the situation of
long delays.

II. ANALYSIS OF THE COMMON POSITION

1. General

The Council made a number of modifications to the proposals of the Commission, both regarding
form and substance. As far as the formal modifications are concerned, the Council endeavoured to
make the texts simpler and easier to understand. The Council rearranged the text considerably in
order notably to enhance their logical disposition.

The main substantive modifications can be described as follows:

— The Council agreed to simplify the text by laying all obligations to compensate and assist
passengers on the operating air carrier, which is normally the best placed to meet such obli-
gations because of its presence at airports. However, the operating air carrier has a right of
redress in accordance with the law applicable; in particular, the Regulation should in no way
restrict the operating air carrier's right to seek reimbursement from a tour operator or any other
person with whom the operating air carrier has a contract.

— In line with the amendment by Parliament and in view of the Montreal Convention, the Council
felt that it would be appropriate to provide a list of circumstances which may exempt the
operating air carrier from its obligations under this Regulation. However, for reasons of legal
clarity the Council decided not to list such circumstances under ‘force majeure’, but decided to
use the concept of ‘extraordinary circumstances’.

— With regard to cancellation, the Council decided to refine the text by providing that the right to
compensation depends not only on the moment in time at which the passenger is informed of
the cancellation, but also on the adequacy of the re-routing that is offered to the passenger
concerned.

— As regards the levels of compensation, the Council agreed,

in line with the amendment by
Parliament, to adopt a system of three distance sections. The levels itself are almost equal to
those recommended by Parliament, namely EUR 250, EUR 400 and EUR 600.

— Taking account of the amendment by Parliament, the Council has strengthened the rights of
passengers in the event of long delays of flights, by providing that passengers not only have the
right to reimbursement or re-routing, but also, in principle, the right to care. By the way, the
Council agreed that this latter right should in general also encompass the right to transport, free
of charge, between the airport and the place of accommodation (hotel or other).

— With regard to situations of upgrading and downgrading, the Council decided to turn the
provision into a separate Article, since in the situations concerned there is no denial of
boarding. Moreover,
it
would be appropriate to apply fixed percentages in order to calculate amounts of reim-
bursement.

in order to simplify handling at airports,

the Council agreed that

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— Finally, the Council decided to give more importance to the provisions regarding passengers
with reduced mobility or special needs. It therefore incorporated the relevant amendment by
Parliament, and gave a horizontal character to the relevant provisions.

2. Amendments by Parliament

The Council endeavoured to incorporate the amendments by Parliament to the greatest extent
possible. However, in some cases it was not able to do so, because the relevant texts had been
substantially modified or had even been deleted. This being so, the Council was able to accept, to
the letter or in substance, (part of) amendments nos 8, 9, 10, 11, 12, 22, 23, 25, 26, 27, 29, 31, 32,
33, 34, 36, 38 and 42.

III. CONCLUSION

The Council is of the opinion that the text of its common position on the draft Regulation on denied
boarding compensation is appropriate and balanced. The Council observes that a great number of
amendments by Parliament has been incorporated in the text of its common position, and considers in
general that the common position ensures by and large that the aim sought by the amendments of
Parliament is achieved.