Proposal for a Regulation of the European Parliament and of the Council concerning the rights of persons with reduced mobility when travelling by air (text with EEA relevance)
Date: 2005-02-16
Institutions: European Commission
Subjects: air transport, physically disabled person, surface transport, transport law

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.2.2005 
COM(2005) 47 final 

07/2005 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

concerning the rights of persons with reduced mobility when travelling by air 

(text with EEA relevance) 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

INTRODUCTION 

1. The single market for air transport has brought Europeans important benefits, including a 
wider choice of destinations and carriers and lower fares. It has helped open air transport to 
the  majority  of  citizens,  for  whom  now  it  is  often  indispensable  for  active  participation  in 
economic and social life. For example air travel is often indispensable for work, for visiting 
family  and  friends  and  for  enjoying  leisure  and  tourism;  and  poor  access  to  it  can  severely 
impede the integration of many citizens, to the detriment of society as a whole. Consequently, 
comparable opportunities for air travel should be open to people suffering the disadvantage of 
reduced  mobility,  whether  caused  by  disability,  age  or  some  other  factor.  Passengers  with 
reduced  mobility  should  be  confident  that  their  needs  will  be  met  throughout  the  European 
Community, whatever airline or airport they plan to use. 

2.  The  Commission  has  therefore  given  high  priority  to  guaranteeing  the  rights  of  persons 
with reduced mobility. Already in 2000 it raised the general issue in a communication on the 
protection  of  air  passengers1,  in  2001  announced  its  intention  to  act  on  users’  rights  in  its 
white  paper  on  transport  policy  for  20102,  and  in  2002  published  a  consultation  paper  on 
airlines' contracts with passengers; in which operational questions were discussed3. This paper 
identified a number of possible improvements to passengers’ rights and invited stakeholders 
to comment on which issues required action by the European Union. After a thorough analysis 
of the many responses and a hearing of stakeholders, the Commission has reached the view 
that the protection of people with reduced mobility is the first priority. 

3. The Commission, however, does not believe that policy in favour of person with reduced 
mobility  should  be  limited  to  air  transport.  It  has  supported  research  programmes  on  the 
adaptation  of  different  means  of  transport  to  their  needs,  covering  low  floor  buses  and  the 
accessibility of coaches and long - distance buses and of rail, which have led or will lead to 
legislative initiatives4. In the case of rail, more actions have been launched. First, on the basis 
of  the  directive  on  the  interoperability  of  the  conventional  rail  system5,  technical 
specifications for interoperability covering accessibility for persons with reduced mobility are 
being  developed,  with  the  aim  of  enabling  the  Commission  to  adopt  a  decision  in  2005. 

1 
2 
3 

4 

5 

Protection of air passengers in the European Union - COM(2000) 365, 21.6.2000. 
European transport policy for 2010: time to decide - COM(2001) 370, 12.9.2001. 
Airlines’  contracts  with  passengers.  Consultation  paper  of  Directorate-general  for  Energy  and 
Transport, 21.6.2002. The consultation paper, responses and detailed summary on reactions is available 
on Internet: http://europa.eu.int/comm/transport/air/rights/consult_contract_en.htm. 
Directive 2001/85/EC of the European Parliament and of the Council of 20 November 2001 relating to 
special provision for vehicles used for the carriage of passengers comprising more than eight seats - OJ 
L  42,  13.2.2002;  Commission  Decision  2002/735/EC,  Technical  Specifications  for  Interoperability 
(TSI) relating to the rolling stock subsystem of the trans-European high-speed rail system referred to in 
Article 6(1) of Directive 96/48/EC - OJ L 275, 11.10.2002; Commission Decision 2002/732/EC of 30 
May 2002 concerning the technical specification for interoperability of the infrastructure subsystem of 
the trans-European high-speed rail system referred to in Article 6(1) of Directive 96/48/EC - OJ L 245, 
12.9.2002. 
Directive  2001/16/EC  of  the  European  Parliament  and  of  the  Council  of  19  March  2001  on  the 
interoperability of the trans-European conventional rail system - OJ L 110, 20.4.2001. 

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Second, as announced in its communication on an integrated railway area6, in March 2004 the 
Commission  adopted  a  proposal  for  a  regulation  on  the  rights  of  passengers  using 
international services, including people with reduced mobility7. As for maritime transport, the 
amended directive on safety rules and standards for passenger ships introduced requirements 
concerning the safety of persons with reduced mobility8. 

4.  These  initiatives  should  be  seen  in  the  context  of  the  Community's  policy  on  non-
discrimination. Article 21 of the Charter of Fundamental Rights lays down a general principle 
that any discrimination based on any ground such as sex, race, colour, ethnic or social origin, 
genetic feature, language, religion, or belief, political or any other opinion, membership of a 
national minority, property, birth, disability, age or sexual orientation shall be prohibited. In 
addition, Article 13 of the EC Treaty enables the Community to combat discrimination, be it 
on  the  grounds  of  sex,  racial  or  ethnic  origin,  religion  or  belief,  disability,  age  and  sexual 
orientation,  in  the  areas  of  Community  competence.  The  Council  adopted  on  27  November 
2000  Directive  2000/78/EC9  "establishing  a  general  framework  for  equal  treatment  in 
employment  and  occupation".  The  Directive  prohibits  any  discrimination,  be  it  direct  or 
indirect,  on  the  grounds  of  religion  or  belief,  disability,  age  or  sexual  orientation10.  With 
regard  to  disability,  this  Directive  recognises  that  the  failure  to  provide  a  reasonable 
accommodation  in  the  workplace  can  constitute  discrimination.  In  practical  terms  such 
obligation  requires  from  employers  to  take  positive  steps  to  ensure  that  people  with 
disabilities are fairly treated. The Commission took the initiative to make 2003 the European 
Year  of  People  with  Disabilities  which  the  Council  subsequently  followed.  In  order  to 
produce  results  beyond  2003  and  to  achieve  a  sustainable  and  operational  approach  to 
disability  issues,  the  Commission  adopted  in  October  2003  a  Communication  [COM(2003) 
650]  on  "Equal  opportunities  for  people  with  disabilities:  a  European  Action  Plan".  In 
addition  it  considers  it  necessary  to  challenge  negative  attitudes,  raise  awareness,  promote 
exchanges of experience and reinforce co-operation between all parties concerned. 

2. 

RESULTS OF CONSULTATION  

5. There was a strong response to the Commission’s consultation paper on airlines’ contracts. 
It received no less than forty seven contributions from different stake-holders, notably airlines 
and their associations, consumer organisations, ministries and government agencies. From the 
consultation process emerged a wide consensus that Community law should protect the rights 
of  persons  with  reduced  mobility.  There  was  general  agreement  that  unjustified  refusal  of 
carriage  on  the  grounds  of  reduced  mobility  must  be  prohibited,  in  order  to  prevent  unfair 
treatment.  On  the  other  hand,  it  was  generally  admitted  that  carriers  should  be  allowed  to 
refuse transport for safety reasons, if well justified and required by law so as to prevent abuse. 
There was also a consensus that passengers with reduced mobility should not be charged for 
the assistance needed to use air transport, but that the costs should be spread over passengers 
in general.  

6 

7 

8 

9 
10 

Communication  from  the  Commission  to  the  Council  and  the  European  Parliament  -  Towards  an 
integrated European railway area - COM(2002) 18, 23.1.2002. 
Proposal  for  a  regulation  of  the  European  Parliament  and  of  the  Council  on  international  rail 
passengers’ rights and obligations - COM(2004) 143, 3.3.2004. 
Directive 2003/24/EC of the European Parliament and of the Council amending Directive 98/18/EC on 
safety rules and standards for passenger ships - OJ L 123, 17.5.2003. 
OJ L 303, 2.12.2000, p. 16. 
Discrimination on the grounds of sex and ethnic or racial origin is dealt with under other directives.  

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6.  With  so  much  agreement,  the  stumbling  block  was  fierce  disagreement  over  whether 
airports  or  airlines  should  be  responsible  for  the  assistance  at  airports.  Airlines  tended  to 
believe  that  airports  should  provide  assistance  before  and  after  the  flight,  as  this  was  their 
competence. This assistance should be organised centrally at each airport and funded through 
a charge on each airline proportional to the number of passengers it carries to and from that 
airport.  Airports  argued  that  carriers  should  take  responsibility,  since  it  was  they  that  had 
contacts with passengers and possessed information about passengers with reduced mobility 
and their needs. 

7. The debate has been going on for some time, but the issue has not been resolved. Although 
the airlines' and airports' voluntary commitments11 cover the treatment of people with reduced 
mobility,  they  do  not  answer  the  question  of  who  should  be  responsible  for  providing 
assistance at airports. Given the importance of mobility for social integration, the issue must 
not be left open and can only be resolved through legislation, so the Commission has decided 
to present this proposal for a regulation. It will achieve two essential goals: first, preventing 
unfair  treatment,  that  is  refusal  of  carriage  on  the  basis  of  reduced  mobility  and,  second, 
guaranteeing  the  provision,  free  of  charge,  of  the  assistance  that  passengers  with  reduced 
mobility need to have effective opportunities for air travel. 

8.  The  Commission  recognises  the  serious  efforts  that  most  airlines  and  airports  make  to 
accommodate the needs of people with reduced mobility. Indeed air transport is in advance of 
most other sectors in this respect. It also recognises the valuable work done by the European 
Civil Aviation Conference over the years in facilitating the transport of persons with reduced 
mobility12. It is concerned, however, to ensure that best practice is followed at all Community 
airports and on all flights departing from them, and that this continues despite the increase in 
passengers with reduced mobility caused by the ageing of the population and the unrelenting 
pressure on airlines to reduce costs in order to compete. 

3. 

ELEMENTS OF REGULATION 

Fair treatment clause 

9.  Unless  it  charged  passengers  with  reduced  mobility  for  the  full  cost  of  assistance,  which 
would be quite unacceptable, an airline might be tempted to refuse them carriage in order to 
save cost. It might also be concerned about potential safety risks or the unjustified reaction of 
other  passengers.  Without  suggesting  that  such  practices  are  widespread,  the  Commission 
believes  that  passengers  must  be  guaranteed  that  they  will  not  be  refused  carriage  on  the 
grounds  of  reduced  mobility.  An  airline  or  tour  operator  might  refuse  either  to  accept 
reservations  from  people  with  reduced  mobility  or  to  embark  them  once  at  the  airport.  The 
Commission therefore proposes that, in the case of flights departing from airports situated in 
the territory of a Member State to which the Treaty applies, they should be forbidden to refuse 
either  acceptance  of  reservations  or  embarkation  of  passengers,  on  the  grounds  of  reduced 
mobility. The prohibition to refuse reservation or embarkation shall also exist in the case of 
passengers  departing  from  an  airport  located  in  a  third  country  to  an  airport  situated  in  the 

11 

12 

Airline Passenger Service Commitment and Airport Voluntary Commitment on Passenger Service, 
presented European Civil Aviation Conference/European Union dialogue, Lisbon, 10th May 2001. 
European  Civil  Aviation  Conference:  Document  30,  Part  1  Facilitation,  with  annexed  Code  of  good 
conduct in ground-handling for persons with reduced mobility. 

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territory  of  a  Member  State  to  which  the  Treaty  applies,  if  the  flight  is  part  of  a  journey, 
which started in the Community and if the operating carrier is a Community carrier. 

10.  Nevertheless,  this  guarantee  cannot  be  absolute.  The  transport  of  people  with  very 
severely limited mobility or of numerous passengers with reduced mobility on the same flight 
might  conflict  with  duly  established  safety  requirements.  For  instance,  it  could  make 
evacuation  of  a  plane  in  an  emergency  unacceptably  slow  and  difficult.  Consequently,  the 
proposed regulation should allow airlines and air carriers to refuse carriage in order to comply 
with prescribed safety rules. To deter abuse, however, they should be obliged both to inform 
in  writing  passengers  refused  carriage  of  the  reasons  for  that  refusal  and  to  make  publicly 
available the safety rules that they apply to the transport of people with reduced mobility. 

Assistance at airports: some distinctions 

11. In order to take flights, people with reduced mobility may need assistance to meet their 
particular needs. For example, they may require help to move from their point of arrival at an 
airport  to  their  plane  and,  on  arrival,  from  the  plane  to  their  point  of  departure  from  the 
airport. Such assistance is sometimes seen as the provision of a wheelchair with an attendant 
at the check-in counter, but this view is a simplification that ignores the diversity of needs. 

12. First, it equates someone of reduced mobility with a disabled person unable to walk and so 
requiring a wheelchair. While this is true of some people, others have disabilities that do not 
affect their ability to walk, like blindness or deafness. Their need may rather be for guidance, 
so  that  they  can  find  their  way,  or  for  the  communication  of  essential  information  in  an 
accessible  form,  concerning  for  example  the  check-in  counter,  the  departure  gate  and  the 
boarding time. On the other hand, passengers who need help in moving around an airport do 
not necessarily have a disability. For example many old people do not need assistance in daily 
life,  but  are  not  capable  of  walking  long  distances  around  airports.  The  growing  size  and 
complexity of modern airports cause otherwise self-reliant people to request assistance. The 
European  Civil  Aviation  conference  has  developed  a  definition  that  expresses  this  diversity 
for its work on facilitation, which the Commission is following in this proposal. 

13. Second, assistance does not necessarily begin at the check-in counter on departure, or end 
at the baggage hall on arrival. Some passengers with reduced mobility may arrive at car parks 
or bus or train stations and then need help to reach the check-in counter. Similarly, they may 
require further help in going from the baggage hall, where they are often left unattended, to 
their  point  of  departure  from  the  airport.  Passengers  transferring  from  one  flight  to  another 
may  need  assistance  in  moving  from  one  departure  gate  to  another  and  possibly  from  one 
terminal to another. Moreover, people with reduced mobility may require further help on the 
way, for instance in completing procedures for check-in, security clearance, passport control, 
baggage retrieval and customs clearance. This does not mean that all passengers with reduced 
mobility  would  want  such  extended  services,  rather  that  they  should  be  available  when 
needed. Nor does it necessarily imply that assistance must be provided throughout the whole 
area  of  an  airport,  rather  to  and  from  points  at  which  passengers  with  reduced  mobility  can 
easily request it 

14. To give people with reduced mobility real opportunities for air travel, assistance must be 
interpreted widely. To ensure that the full range is always available, the proposed regulation 
should lay down a standard list of services to be provided at airports in the Community. In the 
interests of equity and social inclusion, people with reduced mobility should not be charged 
for this assistance; rather the cost should be borne by air passengers in general. As explained, 

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the  consultation  showed  that  stakeholders  support  this  principle,  but  airlines  and  airports 
disagree on responsibility for organising and funding this assistance. This can only be settled 
by Community legislation. 

Assistance at airports: the options 

15.  Which  option  would  most  benefit  passengers  with  reduced  mobility  departing  from  or 
arriving  at  airports  situated  in  Member  States:  making  airports  responsible  for  assistance  or 
giving this task to airlines? To enjoy full opportunities for air transport, people with reduced 
mobility  must  be  confident  that  they  will  receive  the  assistance  they  need,  whatever  the 
airport or whatever the airline they use. Such  confidence can only  be created by guarantees 
that  they  will  be  given,  free  of  charge,  assistance  of  high  quality  at  all  airports  located  in 
Member  States.  Passengers  with  reduced  mobility  also  need  to  be  assured  that,  whatever 
airline they choose, they will receive the same help and high standard of treatment. 

16. One concrete aim should be to ensure that assistance is given in an extended and seamless 
form at all airports. This implies that interruptions in service and transfers from one supplier 
to  another  should  be  avoided  as  far  as  possible,  as  they  often  cause  delays  and  force 
passengers to await new attendants. Provision of a seamless service at reasonable cost would 
be greatly facilitated if only one body was responsible at each airport. This would also help 
the exploitation of economies of scale, for instance in the provision and operation of vehicles 
and of lifting equipment. 

17. The managing body has wide responsibilities throughout the airport and so would be well 
placed to provide a comprehensive and seamless service. The Commission therefore proposes 
that  this  body  should  be  made  responsible  for  organising  and  financing  the  assistance  that 
people  with  reduced  mobility  need  to  use  air  transport.  It  could  then  supply  the  assistance 
itself or place contracts with suppliers. As for the other option, it would be unreasonable to 
expect one airline to provide assistance throughout an airport, for its own passengers and for 
those transferred between carriers, in the terminals that it uses and in others. 

18. A second objective should be to avoid giving airlines incentives to reduce the number of 
persons with reduced mobility that they carry. If an airline were responsible for assistance at 
each  airport  served  and  so  were  to  incur  costs  roughly  proportional  to  the  number  of 
passengers  with  reduced  mobility  transported,  some  might  be  tempted  to  carry  as  few  as 
possible.  While  they  could  not  directly  refuse  carriage  without  violating  the  fair  treatment 
clause, they might deter people with reduced mobility by providing a poor service or abusing 
safety  rules.  If  they  gained  a  reputation  for  doing  so,  people  with  reduced  mobility  would 
soon start to avoid them. Most carriers would strongly resist such practices but, if a few were 
to adopt them and make serious cost savings, the others would come under strong pressure to 
follow. As a result, effective opportunities for air travel would diminish. 

19.  This  could  be  avoided  if  airlines  were  to  pay  charges  proportional  to  the  number  of 
passengers that it carried to or from the airport, so that they were independent of the number 
of  people  with  reduced  mobility  transported.  Such  an  approach  would  greatly  reduce  the 
incentives for airlines to minimise the number carried (it would not eliminate them entirely as 
airlines would have to provide some assistance on-board the aircraft). It could be realised by 
establishing  a  centralised  system  at  each  airport  and  then  allowing  its  organiser  to  levy  a 
charge  on  all  airlines  using  the  airport  in  proportion  to  the  number  of  passengers  that  it 
transported to and from it. Again the managing body of an airport is well placed to levy such a 
charge,  which  should  be  cost  related,  transparent  and  established  after  consultation  with  air 

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carriers. All airlines using an airport would have to pay it, whether a Community or a third 
country carrier. 

20.  The  regulation  would  then  oblige  airport  managing  bodies  to  provide  specified  services 
for  passengers  with  reduced  mobility  (see  Annex  I  of  proposal),  in  order  to  achieve  certain 
social objectives. This does not mean that it would impose one model for all circumstances; 
indeed it would rather allow much flexibility. First, quality standards would not be centrally 
imposed  but  each  managing  body  would  itself  define  them  and  the  associated  resource 
requirements, after consulting the air carriers using the airport and organisations representing 
passengers  with  reduced  mobility.  This  would  allow  standards  and  specifications  to  fit  the 
size and form of different airports and the types of aircraft used. 

21. Second, the proposed regulation would leave each managing body free to choose whether 
to provide assistance itself or to procure services from suppliers including airlines, so long as 
they  respected  the  terms  of  Community  legislation  on  public  procurement13.  If  it  procured 
assistance  from  outside,  the  managing  body  would  be  free  to  choose  between  letting  one 
contract and splitting its purchase between several suppliers by terminal, airline or however 
seemed best. It should be noted that services supplied to the managing bodies of airports do 
not fall under the ground-handling directive14. This covers services provided by suppliers to 
airport users (essentially air carriers), with the purpose of creating free access to this market 
within certain limits. The two laws, then, would not overlap nor raise issues of consistency. 

Assistance on-board aircraft 

22. Some services to passengers with reduced mobility are given on-board an aircraft and so 
are naturally the responsibility of air carriers. Examples are the transport of wheelchairs and 
other  mobility  equipment  and  the  carriage  of  guide  dogs  for  the  blind,  which  most  airlines 
accept in the cabin (see Annex II of proposed regulation). In the case of flights departing from 
an airport situated in a Member State, the Commission proposes that airlines be required to 
provide these services free of charge. 

Notification of need for assistance 

23.  Knowing  the  particular  needs  of  passengers  with  reduced  mobility  in  advance  of  travel 
would help airports and airlines to organise assistance, provide prompt service and make best 
use  of  their  resources.  At  present  they  frequently  do  not  receive  prior  notice  and  have  to 
organise themselves as best they can. It would be going too far to make advance warning a 
condition  of  assistance,  as  many  airports  and  airlines  now  provide  a  satisfactory  service 
without  it.  Rather,  Community  legislation  should  encourage  passengers  to  give  advance 
notice,  without  creating  what  would  be  in  effect  an  obligation  to  do  so.  The  Commission 
proposes a mechanism that strikes a balance. If passengers with reduced mobility gave prior 
notice of their needs, airports would be obliged to assist them in such a way that they caught 
their flights. In the absence of prior notification, they would only have to make best efforts to 
ensure that they caught their flights. This would encourage notification, without creating an 
obligation that would be considered a step backward from present practice. 

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14 

Council  directive  93/38/EEC  of  14  June  1993  coordinating  the  procurement  procedures  of  entities 
operating in the water, energy, transport and telecommunications sectors - OJ L 199, 9.8.1993. 
Council  Directive  96/67/EC  of  15  October  1996  on  access  to  the  ground-handling  market  at 
Community airports - OJ L 272, 25.10.1996. 

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Enforcement 

24. Passengers with reduced mobility are in a weak position if airlines or airports fail to meet 
their  obligations,  so  strict  enforcement  of  the  proposed  regulation  will  be  necessary.  The 
Commission’s  proposal  therefore  includes  an  article  requiring  Member  States  to  lay  down 
sanctions for non-compliance and to designate bodies responsible for enforcing the regulation 
and for handling complaints from passengers. By the way, these provisions are very close to 
those  in  the  Regulation  of  the  European  Parliament  and  the  Council  on  compensation  and 
assistance to passengers in the event of denied boarding and of cancellation or long delay of 
flights.15 

4. 

SUBSIDIARITY AND PROPORTIONALITY 

25. The Community has created an internal market in air transport in which carriers operate 
under uniform rules. These do not only govern access to the market but also the protection of 
passengers.  Like  other  air  passengers,  many  people  with  reduced  mobility  travel  between 
Member  States  and  so  would  greatly  benefit  from  protection  that  is  harmonised  at  a  high 
level. Without harmonisation, they would at best enjoy different rights and at worst no legal 
protection  at  all.  Moreover,  they  would  find  it  difficult  to  know  their  rights  wherever  they 
travelled  in  Europe  and  so  to  insist  on  their  respect.  As  for  airlines,  without  harmonisation 
they would have to work under a variety of different rules, and so face higher raise costs and 
cumbersome procedures. So national rules, even assuming that they all afforded a high level 
of  protection,  would  not  achieve  essential  Community  objectives  and  could  even  frustrate 
their attainment. 

26. The Community has long recognised the need for harmonised rules on the protection of 
air  passengers.  It  has  adopted  legislation  on  compensation  for  denied  boarding16,  on  the 
liability  of  air  carriers17  and  most  recently  on  compensation  and  assistance  in  the  event  of 
denied boarding and of cancellation or long delay of flights18. Moreover, the Community has 
adopted  legislation  on  package  travel,  which  frequently  includes  transport  by  air19.  The 
proposed  regulation  would  therefore  be  the  latest  in  a  series.  The  Community  has  no  other 
means than legislation to create rights for air passengers. 

27.  Passengers,  airports  and  airlines  would  all  benefit  from  precise  and  complete  rules.  Air 
transport is a highly internationalised industry, so that differences between national rules can 
cause  serious  difficulties.  Moreover  decisions  involving  passengers’  rights  have  often  to  be 
taken  quickly  on  the  spot,  adding  to  the  value  of  exact  rules  at  Community  level. 

15 

16 

17 

18 
19 

Regulation  (EC)  No.  261/2004  of  the  European  Parliament  and  of  the  Council  of  11  February  2004 
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 - OJ L 
46, 17.2.2004. 
Council  Regulation  (EEC)  No.  295/91  of  4  February  1991  establishing  common  rules  for  a  denied 
boarding compensation system in scheduled air transport - OJ L 36, 8.2.1991. 
Regulation  (EC)  No.  889/2002  of  the  European  Parliament  and  the  of  the  Council  of  13  May  2002 
amending Council Regulation (EC) No. 2027/97 on air carrier liability in the event of accidents - OJ L 
140, 30.5.2002. 
Regulation (EC) No 261/2004. 
Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours 
- OJ L 158, 23.6.1990. 

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Consequently,  a  regulation  is  a  better  tool  than  a  directive,  as  has  been  found  with  other 
measures to protect the rights of air passengers. 

28.  The  Commission  has  limited  its  proposal  to  areas  where  precise  Community  rules  are 
necessary,  and  indeed  desired  by  stakeholders.  The  regulation  would  list  assistance  to  be 
given  at  airports  and  on-board  aircraft,  but  would  not  define  it  in  detail  nor  specify  how  it 
should be provided; nor would it cover other topics like facilities on-board the aircraft. While 
accepting  that  more  detailed  harmonisation  would  benefit  both  passengers  with  reduced 
mobility  and  air  carriers,  the  Commission  considers  that  doing  this  through  internationally 
recognised  recommendations  would  preserve  flexibility  and  allow  adaptation  to  specific 
circumstances. 

29.  The  Commission  has  therefore  supported  the  work  of  the  European  Civil  Aviation 
Conference  on  the  facilitation  of  the  transport  of  persons  with  reduced  mobility.  Its 
recommendations  provide  a  comprehensive  guide  to  the  assistance  of  people  with  reduced 
mobility,  covering  information  for  them  and  for  airline  and  airport  staff,  communication 
facilities,  training  of  personnel,  accessibility  of  airports,  arrangements  for  embarking  and 
disembarking,  assistance  on  board,  equipment  in  the  aircraft  and  group  travel.  Its  recently 
adopted  code  of  good  conduct  in  ground  handling  for  persons  with  reduced  mobility  lays 
down further principles and standards. 

30.  The  Commission's  proposal  avoids  such  subjects,  which  are  better 
to 
recommendations, and is limited to areas where the need for Community action is clear and 
widely  accepted.  It  is  therefore  proportional  to  the  objective  sought  and  appropriate  to  the 
circumstances in which it is pursued. 

left 

5. 

ASSESSMENT OF SOCIAL AND ECONOMIC IMPACT 

Social impact 

31.  People  with  reduced  mobility  include  not  only  disabled  people,  estimated  at  around  45 
million people in the Community or 10% of the population, but also others unable to use air 
transport without assistance. These are often elderly people who cannot walk long distances 
around large, modern airports, although mobile for the purposes of daily life. It is estimated 
that,  of  passengers  embarking  or  disembarking  at  airports  in  Member  States,  around  1%  of 
those on scheduled flights20 and 1.6% of those on leisure services are assisted21, around seven 
million cases of assistance each year. In the long run, the aging of the population will increase 
the  numbers  of  both  disabled  people  –  the  prevalence  of  disability  is  several  times  higher 
among elderly  citizens than among the population at large – and of persons  not sufficiently 
mobile to use air travel unassisted. 

32.  The  proposal  should  greatly  advance  achievement  of  an  important  social  objective,  that 
people with reduced mobility enjoy comparable opportunities for air transport, despite the rise 
in their numbers and the competitive pressures on airlines. Without such opportunities, they 
would not only lose the direct benefits of air travel but also the indirect one of fuller inclusion 
in the economic and social life of the community. For example they would be unable to travel 

20 

21 

Source:  Association  of  European  Airlines  representing  operators  of  scheduled  services,  other  than 
regional airlines. 
Source: International air carrier association representing operators of leisure services. 

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for work, visit family and friends and go on holiday like other citizens. They should therefore 
receive,  free  of  charge,  assistance  in  airports  and  on-board  aircraft  to  meet  their  particular 
needs. 

33. The regulation would guarantee assistance not only in moving from the check-in counter 
to the aircraft and from the aircraft to the baggage hall, usually the practice at present, but also 
from  a  designated  point  of  arrival  at  the  airport  to  the  aircraft  and  from  the  aircraft  to  a 
designated  point  of  departure  from  the  airport.  Giving  responsibility  to  one  body  at  each 
airport  would  create  the  conditions  for  seamless  service,  without  interruptions  and  delays, 
even when a passenger changes carriers and is transferred between terminals. 

34. The managing body has wide responsibilities for services throughout the airport and so is 
better placed to perform this role than individual airlines, hence the Commission’s proposal. 
Despite  long  discussions,  airlines  and  airports  have  been  unable  to  agree  who  should  be 
responsible and are most unlikely to do so in future. Consequently if the status quo continued, 
passengers  with  reduced  mobility  would  receive  a  service  that  was  neither  complete  nor 
seamless. 

Economic impact 

35. Passengers with reduced mobility should be guaranteed at all airports assistance to a high 
standard, free of charge. They should also be assured that this will continue in future despite 
the  growing  expense  and  the  pressure  on  airlines  to  reduce  costs  in  order  to  remain 
competitive. The cost of assistance at an airport for wheelchair passengers has been estimated 
at  24  €22  or  30  €23,  on  departure  and  the  same  on  arrival  which  represents  a  modest  cost 
should the overall cost for persons of reduced mobility be shared amongst all passengers in 
Europe (around 590 million passengers in 2003). At present, airlines usually provide this free, 
so that the regulation would not impose a whole new set of costs on the sector. It should be 
noted  that,  on  the  one  hand,  that  not  all  passengers  with  reduced  mobility  need  all  this 
assistance  and,  on  the  other,  the  regulation  would  require  the  extension  of  the  range  of 
services made available. 

36.  At  present,  assisting  people  with  reduced  mobility  affects  airlines’  profits,  particularly 
when they travel on less expensive tickets. With competitive pressure to reduce costs and, in 
the long run, the increase in numbers of passengers with reduced mobility caused by the aging 
of  the  population,  it  is  doubtful  that  airlines  can  continue  present  levels  of  assistance  at 
airports. The crucial question, then, is how to allocate the costs among the different actors, so 
as  to  minimise  the  economic  incentive  to  minimise  the  number  of  people  with  reduced 
mobility transported. 

37. Maintaining the status quo would not work. Under it, each airline would provide limited 
assistance to its own passengers, usually free of charge. An airline would have an economic 
incentive to minimise the number of passengers with reduced mobility carried and could often 
do so without violating the prohibition to refuse carriage. At present almost all carriers accept 
responsibility  for  transporting  and  assisting  people  with  reduced  mobility,  and  go  to 
considerable expense to do so. However, if one were to change policy, competitive pressure 

22 
23 

Source: International Air Carrier Association. 
Source : Association of European Airlines. 

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would  oblige  others  either  to  follow  suit  or  to  charge  for  assistance.  Both  would  be 
unacceptable. 

38.  The  solution  proposed  would  avoid  these  problems  as  the  charge  levied  on  each  airline 
would be proportional to the total quantity of passengers that it embarked and disembarked at 
an  airport.  The  charge  would  be  independent  of  the  number  of  passengers  with  reduced 
mobility carried, so that the airline would little economic incentive to reduce their numbers. 
The  proposal  would  impose  one  additional  cost  on  the  sector,  that  of  extended  assistance 
when people required it. Its main economic effect would be to change the way assistance at 
airports was organised and financed. Responsibility would be transferred from air carriers to 
the  managing  bodies  of  airports.  However,  the  managing  bodies  would  not  bear  the  cost 
themselves  but  rather  charge  it  to  the  airlines  using  their  airports.  Airlines  would  pass  the 
charge on to their passengers as a whole, so that it would be shared among a large number of 
citizens. And a person with reduced mobility would not be seen as an extra cost but welcomed 
as a passenger, at all stages from booking a ticket to arrival at destination. 

6. 

COMMENTS ARTICLE BY ARTICLE 

Article 1 states the basic purpose and scope of the regulation. 

Article 2 defines terms used in the regulation. 

Article 3 prohibits air carriers or tour operators from refusing persons with reduced mobility 
carriage on the grounds of reduced mobility. This is without prejudice to certain exceptions 
and derogations notably for justified safety reasons established by law, as foreseen in Article 
4. 

Article 5 gives persons with reduced mobility the right to a package of assistance at airports 
specified  in  Annex  I,  on  departure,  on  arrival  and  in  transit;  it  also  contains  provisions  on 
prior notification of the need for this assistance. 

Article  6  makes  the  managing  bodies  of  airports  responsible  for  providing  the  assistance 
mentioned in Article 5 free of charge to persons with reduced mobility, and allows them to 
levy charges on air carriers to fund it. 

Article  7  requires,  after  proper  consultation,  the  managing  body  of  an  airport  to  lay  down 
quality standards for the assistance. 

Article  8  requires  air  carriers  to  provide  assistance  on-board  aircraft  specified  in  Annex  II, 
free of charge to persons with reduced mobility. 

Article  9  requires  air  carriers  and  tour  operators  to  make  certain  arrangements  concerning 
prior notification of the need for assistance. 

Article 10 forbids the limitation or waiver of obligations created by the regulation. 

Article  11  requires  Member  States  to  designate  bodies  responsible  for  enforcement  of  the 
regulation and for dealing with complaints. 

Article 12 requires Member States to lay down sanctions for infringements. 

EN 

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Article 13 requires the Commission to report on the operation and results of the regulation. 

Article 14 sets the date for entry into force of the regulation. 

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12 

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07/2005 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

concerning the rights of persons with reduced mobility when travelling by air 

(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 Commission24, 

Having regard to the opinion of the European Economic and Social Committee25, 

Having regard to the opinion of the Committee of the Regions26, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty27, 

Whereas: 

(1) 

(2) 

(3) 

The  single  market  for  air  services  should  benefit  citizens  in  general.  Consequently 
persons suffering the disadvantage of reduced mobility, whether caused by disability, 
age or another factor, should have opportunities for air travel comparable to those of 
other citizens. 

Persons  with  reduced  mobility  should  therefore  be  accepted  for  carriage  and  not 
refused  transport  on  the  grounds  of  their  lack  of  mobility,  except  for  justified  safety 
reasons prescribed by law. 

This  Regulation  should  not  affect  other  rights  of  passengers  established  by 
Community  legislation  and  notably  by  Council  Directive  (EC)  90/314/EEC  on 
package  travel,  package  holidays  and  package  tours28  and  Regulation  (EC)  No 
261/2004  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 flights29. 

24 
25 
26 
27 
28 
29 

OJ C XX, XX, p. XX. 
OJ C XX, XX, p. XX. 
OJ C XX, XX, p. XX. 
OJ C XX, XX, p. XX. 
OJ L 158, 23.6.1990, p.59. 
OJ L 46, 17.2.2004, p.1. 

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13 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

In order to give persons with reduced mobility opportunities for air travel comparable 
to those of other citizens, assistance to meet their particular needs at airports and on-
board aircraft should be provided and, in the interests of social inclusion, the persons 
concerned should receive this assistance free of charge. 

Assistance  given  at  airports  situated  in  the  territory  of  a  Member  State  to  which  the 
Treaty  applies  should,  among  other  things,  enable  persons  with  reduced  mobility  to 
proceed  from  a  designated  point  of  arrival  at  an  airport  to  an  aircraft  and  from  the 
aircraft to a designated point  of  departure  from  the  airport, including embarking and 
disembarking.  It  should  be  organised  so  as  to  avoid  interruption  and  delay,  while 
ensuring  high  and  equivalent  standards  throughout  the  Community  and  making  best 
use of resources, whatever airport or air carrier is involved. 

To achieve these aims, assistance at airports should be provided by a central body. As 
managing bodies of airports play a central role in providing services throughout their 
airports, they should be given this responsibility. 

Assistance should be financed in such a way as to spread the burden equitably over all 
passengers  using  an  airport  and  to  avoid  disincentives  to  the  carriage  of  passengers 
with reduced mobility. A charge levied on each airline using an airport, proportionate 
to  the  number  of  passengers  it  carries  to  or  from  the  airport  appears  to  be  the  most 
effective way of funding. 

To give persons with reduced mobility effective opportunities for air travel, air carriers 
should be required to provide certain forms of assistance on board aircraft. 

Since the objectives of the action to be taken, to ensure high and equivalent levels of 
protection and assistance throughout the Member States and to ensure that economic 
agents operate under harmonised conditions in a single market, cannot sufficiently be 
achieved by the Member States and can therefore, by reason of the scale or the effects 
of  the  action,  be  better  achieved  at  Community  level,  the  Community  may  adopt 
measures, in accordance with the principle of subsidiarity as set out in Article 5 of the 
Treaty . In accordance with the principle of proportionality as set out in that Article, 
this  Regulation  does  not  go  beyond  what  is  necessary  in  order  to  achieve  those 
objectives. 

(10)  Member  States  should  lay  down  sanctions  applicable  to  infringements  of  this 
regulation  and  ensure  that  these  sanctions  are  applied.  The  sanctions  should  be 
effective, proportionate and dissuasive. 

(11)  Member  States  should  supervise  and  ensure  compliance  with  this  regulation  and 
designate an appropriate body to carry out enforcement tasks. This supervision should 
not affect the rights of persons with reduced mobility to seek legal redress from courts 
under the national law. 

(12)  This regulation respects the fundamental rights and observes the principles recognised 

in particular by the Charter of Fundamental Rights of the European Union — 

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14 

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HAVE ADOPTED THIS REGULATION: 

Article 1 

Purpose and scope 

1. 

2. 

3. 

4. 

This Regulation establishes rules for the protection of and assistance to persons with 
reduced mobility travelling by air. 

The  provisions  of  this  Regulation  shall  apply  to  persons  with  reduced  mobility 
travelling  by  air  and  departing  from,  arriving  at  or  transiting  through  an  airport 
located in the territory of a Member State to which the Treaty applies. 

Notwithstanding  paragraph  2,  Article  3,  4  and  8  shall  also  apply  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,  if  the  flight  is  part  of  a 
journey, which started in the Community and if the operating carrier is a Community 
carrier. 

This  Regulation  shall  not  affect  the  rights  of  passengers  established  by  Council 
Directive  90/314/EEC  on  package  travel,  package  holidays  and  package  tours  and 
under Regulation (EC) No 261/2004 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. 

Article 2 

Definitions 

For the purposes of this Regulation the following definitions shall apply: 

(a)  "person  with  reduced  mobility"  means  any  person  whose  mobility  is  reduced  due  to 
physical incapacity (sensory or locomotors), intellectual impairment, age, illness, or any other 
cause of disability when using transport and whose situation needs special attention and the 
adaptation to a person's needs of the service made available to all passengers; 

(b) "air carrier" means an air transport undertaking with a valid operating licence; 

(c)  "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; 

(d) “Community air carrier” means an air carrier with a valid operating licence granted by a 
Member State in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 of 
licensing of air carriers30; 

30 

OJ L 240, 24.8.1992. 

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15 

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(e) "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; 

(f)  "managing  body  of  the  airport"  means  a  body  which  notably  has  as  its  objective  under 
national legislation the administration and management of the airport infrastructures, and the 
coordination  and  control  of  the  activities  of  the  different  operators  present  in  the  airport  or 
airport system concerned; 

(g) "airport user" means any natural or legal person responsible for the carriage of passengers 
by air from or to the airport in question; 

(h)  "Airport  Users  Committee"  means  a  committee  of  representatives  of  airport  users  or 
organisations representing them; 

(i) “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 of tour operator. 

Article 3 

Prevention of refusal of carriage 

1. 

2. 

An  air  carrier  or  its  agent  or  a  tour  operator  shall  not  refuse,  on  the  grounds  of 
reduced  mobility,  to  accept  a  reservation  for  a  flight  departing  from  an  airport  to 
which this regulation applies. 

An air carrier or its agent or a tour operator shall not refuse to embark a person with 
reduced mobility departing from an airport to which this regulation applies: 

a) when this person has a reservation on the flight concerned and presents him or her 
self for check-in: 

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

if  no  time  is  stipulated,  not  later  than  sixty  minutes  before  the  published  departure 
time or 

b) when the person is transferred, irrespective of the reason, by an air carrier or tour 
operator from the flight for which he or she holds a reservation to another flight. 

Article 4 

Derogations, special conditions and information 

1. 

Notwithstanding  the  provisions  of  Article  3  an  air  carrier  or  its  agent  or  a  tour 
operator may refuse to accept a reservation from or to embark a person with reduced 
mobility  or  request  that  a  person  with  reduced  mobility  who  travels  must  be 
accompanied by another person in order to meet applicable safety requirements duly 
established by law or if the size of the aircraft or the justified absence of cabin crew 

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16 

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2. 

3. 

1. 

2. 

prevents  the  carriage  of  persons  with  reduced  mobility,  including  their  embarking 
and disembarking. 

When  an  air  carrier,  or  its  agent  or  a  tour  operator  exercises  the  derogations  under 
paragraph 1, it shall inform in writing the person with reduced mobility concerned of 
its reasons for doing so, within five working days from the reservation or embarking 
being refused or the condition of accompaniment imposed. 

An  air  carrier  or  its  agent  shall  immediately  make  available,  on  request,  the  safety 
rules that it applies to the carriage of persons with reduced mobility, as well as any 
restrictions  on  their  carriage  or  on  that  of  mobility  equipment  due  to  the  size  of 
aircraft or the absence of cabin crew. A tour operator shall immediately make such 
safety  rules  and  restrictions  available  on  request  for  flights  included  in  package 
travel,  package  holidays  and  package  tours,  which  it  organises,  sells  or  offers  for 
sale. 

Article 5 

Right to assistance at airports 

On  departure  of  a  person  with  reduced  mobility  from  an  airport  to  which  this 
Regulation  applies,  the  managing  body  of  the  airport  shall  provide  the  assistance 
specified in Annex I, in such a way that the person is able to take the flight on which 
he  or  she  holds  a  reservation,  provided  the  notification  of  the  person’s  particular 
needs for such assistance is made to the air carrier or tour operator concerned at least 
twenty-four hours before the published time of departure of the flight. 

If no notification was made in accordance with paragraph 1, the managing body shall 
make all reasonable efforts to provide the assistance specified in Annex I in such a 
way that the person concerned is able to take the flight on which he or she holds a 
reservation. 

3. 

The provisions of paragraphs 1 and 2 shall apply on condition that: 

a) 

the person presents him or her self for check-in: 

- at the time stipulated in advance and in writing (including by electronic means) by 
the air carrier or the tour operator, or 

- if no time is stipulated, not later than one hour before the published departure time, 
or 

the person arrives at a point in an airport designated in accordance with Article 

b) 
6 paragraph 4: 

- at the time stipulated in advance and in writing (including by electronic means) by 
the air carrier or the tour operator, or 

- if no time is stipulated, not later than two hours before the published departure time. 

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17 

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4. 

5. 

1. 

2. 

3. 

4. 

1. 

When a person with reduced mobility transits through an airport, or is transferred by 
an air carrier or a tour operator from the flight for which he or she holds a reservation 
to  another  flight,  the  managing  body  shall  make  all  reasonable  efforts  to  provide 
assistance specified in Annex I, in such a way that the person is able to take the flight 
on which he or she holds a reservation. 

On  arrival  by  air  of  a  person  with  reduced  mobility  at  an  airport  to  which  this 
Regulation  applies,  the  managing  body  of  the  airport  shall  provide  the  assistance 
specified in Annex I, in such a way that the person is able to reach his or her point of 
departure from the airport as referred to in Article 6, paragraph 4. 

Article 6 

Responsibility for assistance at airports 

The  managing  body  of  an  airport  shall  provide  the  assistance  specified  in  Annex  I 
free  of  charge  to  persons  with  reduced  mobility.  The  managing  body  may  provide 
assistance itself or contract with other parties for its supply. 

The managing body of an airport providing assistance in accordance with paragraph 
1 may levy a charge on the air carriers using the airport for the purpose of funding 
this assistance. 

The  charge  mentioned  in  paragraph  2  shall  be  cost  related,  transparent  and 
established  after  consultation  of  the  Airport  Users  Committee  of  the  airport,  where 
one exists. It shall be shared among the air carriers using an airport in proportion to 
the number of passengers that each carries to and from that airport. 

After  consulting  airport  users,  through  the  Airport  Users  Committee  where  one 
exists,  and  organisations  representing  passengers  with  reduced  mobility,  the 
managing  body  of  an  airport  shall  designate  points  of  arrival  and  departure  within 
and  outside  terminal  buildings,  at  which  persons  with  reduced  mobility  can,  with 
facility, announce their arrival at the airport and request assistance. It shall designate 
such points at least at the entries to terminal buildings, at check-in counters, in train, 
metro and bus stations, at taxi ranks and in the car parks closest to terminal buildings. 

Article 7 

Quality standards for assistance 

With the exception of airports whose annual traffic is less than two million passenger 
movements,  the  managing  body  shall  set  quality  standards  for  the  assistance 
specified  in  Annex  I  and  determine  resource  requirements  for  meeting  them,  after 
consulting airport users, through the Airport Users Committee where one exists, and 
organisations  representing  passengers  with  reduced  mobility.  In  the  setting  of  such 
standards, full account shall be taken of internationally recognised policies and codes 
of  conduct  concerning  the  facilitation  of  the  transport  of  persons  with  reduced 
mobility. The managing body of an airport shall publish its quality standards. 

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18 

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2. 

An air carrier and the managing body of an airport may agree that, for the passengers 
that the air carrier transports to and from the airport, the managing body shall provide 
assistance of a higher standard than those set in the standards mentioned in paragraph 
1  or  provide  services  additional  to  those  specified  in  Annex  I.  For  the  purpose  of 
funding  either  of  these,  the  managing  body  may  levy  a  charge  on  the  air  carrier 
additional  to  that  mentioned  in  Article  6,  paragraph  2,  which  shall  be  transparent, 
cost related and established after consultation of the air carrier concerned. 

Article 8 

Assistance by air carriers 

An air carrier shall provide the assistance specified in Annex II free of charge to a person with 
reduced  mobility  departing  from  or  in  transit  through  an  airport  to  which  this  Regulation 
applies provided the person fulfils the conditions set out in Article 5, paragraph 3. 

Article 9 

Notification of need for assistance 

1. 

2. 

3. 

An air carrier or a tour operator shall take all measures necessary for the reception, at 
all its points of sale on the territory of a Member State to which the Treaty applies, 
including  sale  by  telephone  and  via  the  Internet,  of  notifications  of  the  need  for 
assistance by persons with reduced mobility. 

When  an  air  carrier  or  a  tour  operator  receives  a  notification  of  the  need  for 
assistance, it shall immediately communicate the notification:  

- to the managing bodies of the airports of departure, of arrival and of transit, and 

- to the operating carrier of a flight, if a reservation was not made with that carrier. 

Immediately after the departure of a flight, an operating air carrier shall inform the 
managing body of the airport of destination, if situated on the territory of a Member 
State  to  which  the  Treaty  applies,  of  the  number  of  persons  with  reduced  mobility 
requiring assistance specified in Annex 1 and of the nature of that assistance. 

Article 10 

Exclusion of waiver 

Obligations  towards  persons  with  reduced  mobility  pursuant  to  this  regulation  shall  not  be 
limited or waived. 

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19 

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1. 

2. 

1. 

Article 11 

Infringements 

Each  Member  State  shall  designate  a  body  responsible  for  the  enforcement  of  this 
Regulation  as  regards  flights  departing  from  or  arriving  at  airports  situated  on  its 
territory.  Where  appropriate,  this  body  shall  take  the  measures  necessary  to  ensure 
that the rights of persons with reduced mobility are respected, including compliance 
with the quality standards mentioned in Article 7, paragraph 1. The Member States 
shall inform the Commission of the body that has been designated.  

Complaints may be made 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.  The  Member  States  shall  take measures  to  inform  people  with  reduced 
mobility  of  their  rights  under  this  regulation  and  of  the  possibility  of  complaint  to 
this designated body.  

Article 12 

Penalties 

The Member State shall lay the rules on penalties applicable to, infringements of the 
provisions  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 shall notify those provisions to the Commission 
by  the  date  of  entry  into  force  at  the  latest  and  shall  notify  it  without  delay  of  any 
subsequent amendment affecting them. 

Article 13 

Report 

The Commission shall report to the European Parliament and the Council by 1 January 2010 
at  the  latest  on  the  operation  and  the  results  of  this  Regulation.  The  report  shall  be 
accompanied  where  necessary  by  legislative  proposals  implementing  in  further  detail  the 
provisions of this Regulation, or revising it. 

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Article 14 

Entry into force 

This regulation shall enter into force on --31. 

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

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

31 

One year after date of publication in the Official Journal. 

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Assistance by managing bodies of airports 

ANNEX I 

Assistance and arrangements necessary to enable persons with reduced mobility to: 

–  communicate  their  arrival  at  an  airport  and  their  request  for  assistance  at  the  designated 

points inside and outside terminal buildings mentioned in Article 5, paragraph 6; 

–  move from a designated point to the check-in counter; 

–  check-in and register baggage; 

–  proceed from the check-in counter to the aircraft, with completion of emigration, customs 

and security procedures; 

–  board the aircraft, with the provision of lifts, wheelchairs or other assistance needed; 

–  proceed from the aircraft door to their seats; 

–  store and retrieve baggage on the aircraft; 

–  proceed from their seats to the aircraft door; 

–  disembark  from  the  aircraft,  with  the  provision  of  lifts,  wheelchairs  or  other  assistance 

needed; 

–  proceed  from  the  aircraft  to  the  baggage  hall  and  retrieve  baggage,  with  completion  of 

immigration and customs procedures; 

–  proceed from the baggage hall to a designated point; 

–  reach  connecting  flights  when  in  transit,  with  assistance  on  the  air  and  land  sides  and 

within and between terminals as needed. 

Ground  handling  of  mobility  equipment,  including  electric  wheelchairs  (subject  to  advance 
warning of twenty-four hours and to possible limitations of space on board the aircraft). 

Temporary replacement of damaged or lost mobility equipment. 

Ground handling of certified service dogs, when relevant. 

Communication of information needed to take flights in accessible formats. 

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Assistance by air carriers 

ANNEX II 

Carriage of certified service dogs in the cabin, subject to national regulations and for flights 
whose scheduled duration is less than five hours. 

Transport of one piece of mobility equipment per passenger with reduced mobility, including 
electric  wheelchairs  (subject  to  advance  warning  of  twenty-four  hours  and  to  possible 
limitations of space on board an aircraft). 

Communication of information concerning a flight in accessible formats. 

Arranging of seating to meet the needs of individual people with reduced mobility on request 
and subject to safety requirements. 

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