Proposal for a Regulation of the European Parliament and of the Council on the information of air transport passengers on the identity of the operating carrier and on communication of safety information by Member States (Text with EEA relevance)
Date: 2005-02-16
Institutions: European Commission
Subjects: air transport, carriage of passengers, code of conduct, consumer protection, information system, ticket, transport safety

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.2.2005 
COM(2005) 48 final 

08/2005 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

on the information of air transport passengers on the identity of the operating carrier 
and on communication of safety information by Member States 

(Text with EEA relevance) 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1) The need for action to improve safety  

Statistics  show  (see  table  below)  that  air  transport  accidents  have  become  extremely  rare  in 
Europe. In 2003, 5 people died in air transport accidents which occurred in the EU territory. 
This compares for example with more than 63,47 million passengers who travelled during the 
same time through a single large airport (London-Heathrow)1.  

This high level of safety is due to permanent efforts not only to keep operations safe but to 
continuously improve the level of safety. Accordingly, the rate of fatalities due to air transport 
accidents is still improving, as the absolute number of people killed in air accidents continues 
to decrease while the number of passengers is growing. 

Safety oversight is regulated worldwide in the framework of the 1944 Chicago Convention on 
International  Civil  Aviation  and  is  based  on  standards  developed  by  the  International  Civil 
Aviation  Organisation  created  by  that  Convention.  In  essence,  air  carriers  are  supervised, 
concerning in particular their compliance with safety requirements, by their home country, i.e. 
the country which has delivered their  operating  licence and/or  the  country of register of the 
aircraft  they  operate.  Overwhelmingly,  this  system  has  ensured  over  the  last  fifty  years  that 
safety levels are adequate. However,  the stringent application of  international standards and 
the enforcement of quality criteria are currently not guaranteed equally across the world.  

1 

Source:  airclaims  statistics  for  2003  and  EUROSTAT  statistics  published  in  2003,  chapter  3.5.14 
« traffic at selected major airports » ; these statistics are based on data correlated from information by 
Airports  Council  International,  the  International  Civil  Aviation  Organisation,  the  Airports  Magazine 
and local airport authorities.  

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Within the EU, safety procedures are based on Community legislation2 rigorously enforced, 
ensuring the high levels of safety referred to above. In particular, the creation in 2002 of the 
European  Aviation  Safety  Agency  (EASA)  has  marked  a  cornerstone  in  the  uniform 
application  of  safety  requirements  by  providing  a  “one-stop-shop”  for  the  certification  of 
airworthiness  to  all  aeronautical  products  including  their  design,  manufacturing  and 
maintenance  organisations.  As  already  provided  for  under  Regulation  (EC)  No  1592/20023, 
the planned extension of EASA’s competence will ensure that the full range of air operations 
will soon fall under the responsibilities of the Agency. As a consequence, a strict control of 
the  safety  of  design,  manufacture,  maintenance,  and  operation  of  aeronautical  products  and 
components as well as of the organisations and persons involved in these activities established 
in  theCommunity,  designed  to  protect  the  travelling  public,  air  transport  workers  and  the 
citizens living around airports, is in place. 

Outside the EU, safety levels depend on the effectiveness of oversight procedures applicable 
in third countries. In order to ensure a high level of aviation safety of all aircraft flying into, 
out of or within the Community, the European Parliament and the Council adopted recently 
Directive  2004/36/EC  on  the  safety  of  third-country  aircraft  using  Community  airports4, 
which  provides  for  a  harmonised  system  of  inspections  of  foreign  aircraft  when  they  use 
European airports. Besides, this Directive provides for the exchange of information between 
the Member States and the possibility to extend to the whole Community measures taken by 
one Member State against a third country aircraft or operator not complying with international 
safety standards. 

This harmonised system of inspection is based on already proven procedures in force in the 
framework  of  the  so-called  “SAFA  programme”  (Safety  Assessment  of  Foreign  Aircraft) 
developed  by  the  European  Civil  Aviation  Conference  since  1996.  During  so-called  “ramp 
inspections”,  a  sample  of  foreign  aircraft,  which  have  landed  at  European  airports  are 
examined as to whether they comply with the international safety standards applicable world-
wide,  contained  in  the  annexes  1,  6  and  8  to  the  Chicago  Convention  .  Any  observed 
compliance  failure,  a  so-called  “finding”,  which,  depending  on  the  gravity  of  the  breach  of 
safety  of  the  aircraft,  may  require  immediate  correction  or  justify  the  grounding  of  the 
aircraft.  

In  summary,  the  “SAFA”  Directive  obliges  Member  States  to  put  in  place  a  mechanism  to 
collect  information  enabling  them  to  identify  potentially  unsafe  operators  and  to  carry  out 
ramp  checks  to  assess  if  aircraft  using  Community  airport  comply  with  international  safety 
standards. The information collected and the reports of the inspections carried out are subject 
to  an  exchange  of  information  between  all  the  Member  States  in  order  to  enable  them  to 
decide  on  eventual  further  inspections  or  to  assess  if  previous  shortcomings  have  been 
rectified. In addition to that, the directive established a procedure by which the Commission 

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See  Council  Regulation  (EEC)  No  3922/91  on  the  harmonization  of  technical  requirements  and 
administrative  procedures  in  the  field  of  civil  aviation;  European  Parliament  and  Council  Regulation 
(EC) No 1592/2002 on common rules in the field of civil aviation and establishing a European Aviation 
Safety  Agency;  Council  Directive  94/56/EEC  establishing  the  fundamental  principles  governing  the 
investigation  of  civil  aviation  accidents  and  incidents;  Directive  2003/42/EC  of  the  European 
Parliament of the Council on occurrence reporting in civil aviation. 
European Parliament and Council Regulation (EC) No 1592/2002 on common rules in the field of civil 
aviation and establishing a European Aviation Safety Agency, article 7. 
OJ L 143, 30.4.2004, p. 76. 

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can only recommend that measures taken by a Member State against an operator be extended 
to the whole of the Community.  

However, on 3 January 2004 a passenger jet carrying 148 people to Paris crashed shortly after 
take-off  at  the  Egyptian  resort  of  Sharm-El-Sheikh,  killing  everyone  on  board.  It  emerged 
after  the  accident  that  this  operating  carrier  was,  at  the  time  of  the  accident,  banned  from 
flying  to  Switzerland  because  of  concerns  about  its  safety  level,  but  authorized  in  certain 
Member  States.  To  date,  the  cause  of  the  accident  is  not  known  with  certainty.  The 
investigation is on-going  and  conclusions as to the reasons  which  led  to  the  catastrophe are 
therefore premature. 

The accident in Sharm-el-Sheikh indicated nevertheless that more stringent rules are needed 
than the ones  in place to make ramp  inspections  obligatory  and  to oblige Member States to 
participate in an wider exchange of information and apply common measures decided on the 
results of these checks. 

The objective of the present legislative proposal is to improve in the first place the position of 
the  travelling  public  vis-à-vis  the  air  transport  industry.  To  that  end  it  is  proposed  to  give 
passengers the right to be informed about the identity of the air carrier which will operate the 
flight(s), for which they have made a reservation and, in parallel, to reinforce the obligation of 
communication  of  information  related  to  safety  by  Member  States.  It  should  be  noted  that 
aircraft  from  third  countries  can  be  grounded  or  banned  from  flying  into  or  out  of  the 
Community for various reasons, last but not least those contained in the SAFA Directive. 

In due course, the Commission intends to make proposals to reinforce the current system of 
the  safety  inspections  based  on  the  “SAFA”  Directive  2004/36/EC.  The  Commission  is 
currently examining how best to introduce changes in the most efficient way by making use of 
the  possibilities  offered  by  implementing  measures  affecting  the  content  of  the  procedures 
annexed to the “SAFA” Directive. 

Other, more far reaching measures, possibly through a modification of the Directive, could be 
to introduce and alert system ensuring that important safety issues are drawn to the attention 
of all the Member States inspectors and to issue a set of detailed procedures to be followed. 
Such a move would help improving the quality and standardisation of the data, enable a better 
analysis  of  the  available  information  and  allow  an  easier  detection  of  problem  areas.  Also, 
modification proposals would take into account of international initiatives such as the IATA 
Operational  Safety  Audit  (IOSA),  which  consists  in  providing  a  standardised  audit 
programme  based  on  internationally  recognised  standards  and  a  structured  system  for  the 
sharing of audit related information. 

It should be noted, that the above measures would require an improved common training of 
the staff involved and use the experience of the Community in the field of exchange of staff 
from the different Member States. In doing that inspectors would gain better knowledge of the 
best  practices  which  in  turn  would  create  the  necessary  trust  and  confidence  to  work  in  a 
coherent Community-wide system. 

In  addition  to  these  technical  measures,  it  could  be  necessary  to  envisage  more  common 
actions against operators considered as unsafe by giving more publicity to the groundings of 
individual aircraft and by taking more determined common measures against third countries 
which  do  not  comply  with  their  oversight  responsibilities  along  the  lines  of  the  initial 
Commission proposal of 1997 which was considerably watered down. 

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2) The need for action to increase transparency 

In  order  to  empower  airline  passengers  to  choose  a  flight  with  better  knowledge  of  the 
operating  carrier,  at  the  time  of  booking,  passengers  must  be  able  to  know  which  carrier  is 
operating the flight.  

After the accident in Sharm-el-Sheikh, it was widely felt by the public that passengers should 
be informed of the precise identity of the company which actually transports them. A higher 
degree of transparency would lead companies to strengthen their commitment to safety.  

Already today, passengers know in most cases which carrier will operate the flight they book. 
On the one hand, if they purchase a flight as a single product, they purchase the service from a 
specific and identified airline. There are two industry practices which may sometimes lead to 
the situation that the carrier which has sold the flight under its brand name does not actually 
operate  it.  One  such  practice  is  code-sharing,  where  two  airlines  agree  to  sell  seats  on  a 
number  of  flights  under  both  of  their  respective  name,  although  some  of  the  flights  are 
operated by one of the carriers and others are operated by the other carrier. It is thus possible 
to purchase a ticket from airline x, but to actually be transported by airline y. 

Yet,  if  a  passenger  books  a  flight  as  a  single  product  via  a  computer  reservation  system 
(CRS),  the  EU  Code  of  Conduct  for  such  CRS5  makes  the  display  of  the  operating  carrier 
already  mandatory.  This  obligation  does  not  exist  for  direct  bookings  from  airlines  without 
the involvement of a CRS, for example via Internet sales. However, most European airlines 
practicing  code-sharing  have  signed  up  to  the  Airline  Passenger  Service  Commitments 
(APSC)6, committing themselves to provide this information on a voluntary basis. It appears 
that this commitment is widely respected. 

The other practice which may obscure the operating carrier is the so-called wet lease, where 
an airline rents a plane including its crew from another airline. It is not mandatory for CRSs to 
display this information. However, this practice is not as widespread as code-sharing, and it is 
equally covered by the APSC. 

On the other hand, concerning flights purchased as part of a travel package, there is currently 
no obligation or industry commitment to inform the passenger of the identity of the operating 
carrier.  Nevertheless,  sizeable  parts  of  the  industry  already  provide  that  information  on  a 
voluntary basis as a commercial tool. 

In principle it is an obvious requirement of consumer protection that passengers should have a 
right  to  know  who  will  provide  a  key  element  of  the  package  holiday  or  flight  they  are 
purchasing. Nobody would for instance expect consumers to be kept ignorant of the hotel in 
which  they  are  staying.  The  proposed  measures  are  carefully  targeted  to  ensure  passenger 
safety, while keeping to a minimum any measures that could have a negative impact on the 
competitiveness of the travel industry, in particular by maintaining flexibility in the choice of 
operating carrier. While an extended impact assessment could have been justified – notably if 
more  comprehensive  measures  had  been  required  -  the  nature  of  the  proposed  requirements 

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Council Regulation (EC) No 323/1999 amending Regulation (EEC) No 2299/89 on a code of conduct 
for computer reservation systems (CRS). 
Voluntary  Commitment 
http://europa.eu.int/comm/transport/air/rights/commitments_en.htm. 

2002;  website: 

14  February 

Industry, 

signed 

the 

on 

by 

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(in particular, the urgency of the measures to be taken and the need to prevent the adoption of 
multiple national rules) requires rapid passage of this proposal. 

However, between the time of booking and the service provision there may be a long time, 
and changes to the original arrangements may be required. The possibility to react flexibly to 
market  developments  is  a  key  factor  for  success  in  the  travel  industry.  Moreover,  technical 
reasons  may  make  it  necessary  for  service  providers,  both  airlines  and  tour  operators,  to 
change the operating carrier at very short notice, for example if a technical defect of a plane 
makes the use of a plane of another airline indispensable. It is therefore necessary to balance 
the requirements of transparency and flexibility. Transparency requires that any change in the 
operating  carrier  be notified  immediately to the affected passengers; flexibility requires that 
airline and tour operators be able to switch the operating carrier at short notice without facing 
further disruption of their operations. 

In order to ensure that contracting carriers can offer attractive prices, for example in the case 
of  package  holidays  provided  by  tour  operators,  and  taking  account  of  the  fact  that  travel 
packages  are  often  booked  well  in  advance  of  the  actual  journey,  it  is  important  that 
contracting carriers have the flexibility to adjust the operating carrier or carriers they intend to 
use subject to the passenger being informed of any changes to that carrier or carriers. 

Therefore,  passengers  should  have  the  right  to  know  in  any  case  the  identity  of  the  carrier 
operating their flights. As to the future, the Commission will examine whether the provision 
of this information offers sufficient protection to passengers. 

But transparency is a fundamental principle which shall also apply between Member States. 
For this reason, the present Regulation shall include a general obligation for Member States to 
exchange between them information relating to safety of air operators, in order to assure an 
effective, consistent and unique enforcement of safety decisions all across Europe. 

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08/2005 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

on the information of air transport passengers on the identity of the operating carrier 
and on communication of safety information by Member States 

(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 Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Having regard to the opinion of the Committee of the Regions3, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty4, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

1 
2 
3 
4 
5 

Action  by  the  Community  in  the  field  of  air  transport  should  aim,  among  other 
objectives,  at  ensuring  a  high  level  of  protection  for  passengers  from  safety  risks. 
Moreover, full account should be taken of the requirements of consumer protection in 
general. 

In  order  for  the  competitive  framework  in  air  transport  to  yield  the  greatest  possible 
benefits  for  companies  and  passengers,  it  is  important  that  consumers  receive 
sufficient information to be able to make informed choices.  

The  identity  of  the  air  carrier  actually  performing  the  service  is  basic  information. 
However, consumers booking a flight are not always informed about the identity of the 
air carrier actually operating the flight. 

Council  Directive  90/314/EEC  of  13  June  1990  on  package  travel,  package  holidays 
and  package  tours5  provides  for  a  set  of  information  to  be  made  available  to 
consumers, but does not include the identity of the operating air carrier. 

OJ C , , p. 
OJ C , , p.  
OJ C , , p.  
OJ C , , p.  
OJ L 158, 23.6.1990, p. 59. 

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(5) 

Council Regulation (EEC) No 2299/896 as amended by Regulation (EC) No 323/1999 
on  a  code  of  conduct  for  computer  reservation  systems  (CRS)7  entitles  consumers 
booking  a  flight  via  a  computer  reservation  system  to  be  informed  of  the  identity  of 
the  operating  air  carrier.  Nevertheless,  even  in  scheduled  air  transport,  industry 
practices exist, such as wet lease, or code-sharing if booked without a CRS, where the 
air  carrier  which  has  sold  the  flight  under  its  name  does  not  actually  operate  it  and 
where there is currently no legal right for the passenger to be informed of the identity 
of the air carrier actually performing the service. 

(6)  While  these  practices  increase  flexibility  and  allow  a  better  provision  of  services  to 
passengers,  a  certain  number  of  last  minute  changes  for  technical  reasons  is 
unavoidable  and  contributes  to  the  safety  of  air  transport.  This  flexibility  must  be 
balanced by transparency for consumers. 

(7) 

(8) 

Improving  communication  of  information  relating  to  safety  of  air  operators  by 
Member  States  is  essential  to  improve  general  safety  level  of  air  transport  in  the 
Community. 

The  Commission  should  analyse  the  application  of  this  Regulation  and,  after  a 
sufficient period, report on the efficiency of its provisions, 

HAVE ADOPTED THIS REGULATION: 

Article 1 
Subject matter 

This Regulation establishes rules to ensure that air passengers are informed about the identity 
of  the  air  carrier  operating  the  flights  on  which  they  travel  and  establishes  an  obligation  of 
exchange of safety information between Member States. 

For the purpose of this Regulation, the following definitions shall apply: 

Article 2 
Definitions  

(a) 

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

(b) 

‘contract of carriage’ means a contract for or including air transport services; 

(c) 

(d) 

‘contracting  air  carrier’  means  the  carrier  which  concludes  a  contract  of 
carriage with a passenger. If the contract comprises a package, the contracting 
carrier is the tour operator; 

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

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7 

OJ L 220, 29.7.1989, p.1. 
OJ L 40, 13.2.1999, p.1. 

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(e) 

(f) 

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

‘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. 

Article 3 
Scope 

1. 

2. 

3. 

1. 

2. 

1. 

2. 

This  Regulation  shall  apply  to  the  provision  of  air  transport  services  when  the 
departure of the flight is from an airport in the territory of a Member State to which 
the Treaty applies or from an airport located in a third country, if the flight is part of 
a  journey  which  started  in  the  Community,  provided  the  contracting  carrier  has  an 
establishment in the Community 

This  Regulation  shall  apply  regardless  of  whether  the  flight  is  scheduled  or  non-
scheduled, and regardless of whether the flight is part of a package or not.  

This Regulation shall not affect the rights of passengers under Directive 90/314/EEC 
and  Regulation  (EEC)  No  2299/89  on  a  code  of  conduct  for  computer  reservation 
systems. 

Article 4 
Exchange of information  

Member  States  shall  publish  a  list  of  all  air  carriers  which  are  banned  from  its 
airspace or which are subjected to traffic rights restrictions for safety reasons. This 
list  shall  be  made  available  to  all  the  Member  States  and  to  the  Commission.  The 
Commission shall publish a consolidated list of these air carriers. 

The  Commission  shall  take  the  appropriate  measures  to  facilitate  the  exchange  of 
information mentioned in paragraph 1. 

Article 5 
Information on the identity of the operating air carrier 

The contracting carrier shall inform the passenger of the identity of the operating air 
carrier or carriers upon reservation. 

The contracting carrier shall immediately notify the passenger if the operating carrier 
or carriers is changed after reservation irrespective of the reason of the change. 

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Article 6  
Information and revision 

No  later  than  five  years  after  the  entry  into  force  of  this  Regulation  the  Commission  shall 
report  to  the  European  Parliament  and  to  the  Council  on  the  application  of  this  Regulation. 
The  report  shall  be  accompanied,  where  necessary,  by  proposals  for  revision  of  the 
Regulation. 

Article 7  
Entry into force 
This Regulation shall enter into force on the 20th day following that of its publication in the 
Official Journal of the European Union. 

Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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