Regulation (EC) No 80/2009 of the European Parliament and of the Council of 14 January 2009 on a Code of Conduct for computerised reservation systems and repealing Council Regulation (EEC) No 2299/89 (Text with EEA relevance)
Date: 2009-01-14
Institutions: Council of the European Union, European Parliament
Subjects: air transport, code of conduct, consumer protection, data protection, information system, personal data, reservation, ticket

4.2.2009

EN

Official Journal of the European Union

L 35/47

REGULATION (EC) No 80/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 14 January 2009

on a Code of Conduct for computerised reservation systems and repealing Council Regulation (EEC)
No 2299/89

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

(5)

Having regard to the Treaty establishing the European Commu-
nity, and in particular Articles 71 and 80(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

Having regard to the opinion of the European Data Protection
Supervisor (2),

Acting in accordance with the procedure laid down in Article 251
of the Treaty (3),

Whereas:

(1)

(2)

(3)

(4)

Council Regulation (EEC) No 2299/89 of 24 July 1989 on
a code of conduct for computerised reservation systems (4)
has made a major contribution to ensuring fair and unbi-
ased conditions for air carriers in a computerised reserva-
tion system (hereinafter CRS), thereby protecting the
interests of consumers.

An important share of airline reservations is still made
through CRSs.

Technological and market developments allow for a sub-
stantial simplification of the legislative framework by giv-
ing more flexibility to system vendors and air carriers to
negotiate booking fees and fare content. This should allow
them to adapt in a flexible way to the needs and requests
of travel agents and consumers and to distribute more effi-
ciently their transport products.

In the present market context it remains necessary none-
theless to maintain certain provisions on CRSs, in so far as
they contain transport products, in order to prevent abuse
of competition and to ensure the supply of neutral infor-
mation to consumers.

(1) OJ C 224, 30.8.2008, p. 57.
(2) OJ C 233, 11.9.2008, p. 1.
(3) Opinion of the European Parliament of 4 September 2008 (not yet
published in the Official Journal) and Council Decision of 16 Decem-
ber 2008.

(4) OJ L 220, 29.7.1989, p. 1.

The refusal by parent carriers to provide the same infor-
mation on schedules, fares and availability to systems other
than their own and to accept bookings made by those sys-
tems can seriously distort competition between CRSs.

It is necessary to maintain effective competition between
participating carriers and parent carriers and ensure respect
for the principle of non-discrimination among air carriers
irrespective of their participation in the CRS.

In order to ensure transparent and comparable terms of
competition in the market, parent carriers should be sub-
ject to specific rules.

System vendors should clearly separate the CRSs from any
airline’s internal or any other kind of reservation system
and should refrain from reserving distribution facilities to
their parent carriers, in order to avoid that a parent carrier
could have privileged access to the CRSs.

In order to protect consumers’ interests, it is necessary to
present an unbiased initial display to users of a CRS and to
ensure that information on all participating carriers is
equally accessible in order not to favour one participating
carrier over another.

(6)

(7)

(8)

(9)

(10)

The use of an unbiased display increases the transparency
of transport products and services offered by participating
carriers and enhances consumer confidence.

(11)

System vendors should ensure that CRS marketing data is
available to all participating carriers without discrimina-
tion, and transport providers should not be able to use
such data in order to unduly influence the choice of the
travel agent or the choice of the consumer.

(12) Agreements between subscribers and the system vendor on
the Marketing Information Data Tapes (MIDT) could
include a compensation scheme in favour of subscribers.

(13)

The provision of information on rail and rail-air services
on the CRS displays should be facilitated.

L 35/48

EN

Official Journal of the European Union

4.2.2009

(14) According to Regulation (EC) No 1008/2008 of the Euro-
pean Parliament and of the Council of 24 September 2008
on common rules for the operation of air services in the
Community (recast) (1), air carriers must publish their fares
inclusive of all applicable taxes, and charges, surcharges
and fees which are unavoidable and foreseeable. CRS dis-
plays should provide information on fares inclusive of the
same price categories to ensure that travel agents can com-
municate that information to their clients.

(15)

(16)

Information on bus services for air-transport products or
rail-transport products incorporated alongside air trans-
port products should, in the future, be featured in the prin-
cipal display of CRSs.

CRSs should be encouraged to provide, in the future, eas-
ily understandable information about CO2 emissions and
the fuel consumption of the flight. This could be shown
through average fuel consumption data per person in
litre/100 km and average CO2 emissions per person in
g/km, and could be compared with data of the best alter-
native train/bus connection for journeys of less than five
hours.

(17) Air carriers from the Community and from third countries
should be afforded equivalent treatment with regard to
CRS services.

(18)

(19)

(20)

(21)

In order to ensure the correct application of this Regula-
tion, the Commission should have appropriate enforce-
ment powers,
including the possibility to investigate
infringements, whether on its own initiative or on the basis
of a complaint, to order the undertakings concerned to
bring such infringements to an end, and to impose fines.

The Commission should regularly monitor the application
of this Regulation and in particular its effectiveness in pre-
venting anti-competitive and discriminatory practices in
the market for distribution of travel services through CRSs,
notably given the presence of carriers with close links to
system vendors.

This Regulation is without prejudice to the application of
Articles 81 and 82 of the Treaty. This Regulation is comple-
mentary to general rules on competition which remain
fully applicable to abuse of competition such as antitrust
violations or abuses of a dominant position.

The protection of individuals with regard to the process-
ing of personal data is governed by Directive 95/46/EC of
the European Parliament and of the Council of 24 Octo-
ber 1995 on the protection of individuals with regard to
the processing of personal data and on the free movement
of such data (2). The provisions of this Regulation particu-
larise and complement Directive 95/46/EC with regard to
the activities of a CRS.

(1) OJ L 293, 31.10.2008, p. 3.
(2) OJ L 281, 23.11.1995, p. 31.

(22)

Regulation (EEC) No 2299/89 should be repealed,

HAVE ADOPTED THIS REGULATION:

SECTION 1

INTRODUCTORY PROVISIONS

Article 1

Subject matter and scope

This Regulation shall apply to any computerised reservation sys-
tem (CRS), in so far as it contains air-transport products, when
offered for use or used in the Community.

This Regulation shall also apply to rail-transport products, which
are incorporated alongside air-transport products into the princi-
pal display of a CRS when offered for use or used in the
Community.

Article 2

Definitions

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

1.

2.

‘transport product’ means the carriage of a passenger between
two airports or rail stations;

‘scheduled air service’ means a series of flights possessing all
the following characteristics:

(a) on each flight seats and/or capacity to transport cargo
and/or mail are available for individual purchase by the
public (either directly from the air carrier or from its
authorised agents);

(b)

it is operated so as to serve traffic between the same two
or more airports, either:

— according to a published timetable, or,

— with flights so regular or frequent that they consti-

tute a recognisably systematic series;

3.

‘fares’ means the prices to be paid by passengers to air carri-
ers, rail-transport operators, their agents or other ticket sell-
ers for the carriage of those passengers on transport services
and any conditions under which those prices apply, includ-
ing remuneration and conditions offered to agency and other
auxiliary services;

4.2.2009

EN

Official Journal of the European Union

L 35/49

4.

‘computerised reservation system’ or ‘CRS’ means a comput-
erised system containing information about, inter alia, sched-
ules, availability and fares, of more than one air carrier, with
or without facilities to make reservations or issue tickets, to
the extent that some or all of these services are made avail-
able to subscribers;

5.

‘system vendor’ means any entity and its affiliates which is or
are responsible for the operation or marketing of a CRS;

6.

7.

8.

9.

‘distribution facilities’ means facilities provided by a system
vendor for the provision of information about air carriers’
and rail-transport operators’ schedules, availability, fares and
related services and for making reservations and/or issuing
tickets, and for any other related services;

‘parent carrier’ means any air carrier or rail-transport opera-
tor which directly or indirectly, alone or jointly with others,
controls, or participates in the capital with rights or repre-
sentation on the board of directors, supervisory board or any
other governing body of, a system vendor, as well as any air
carrier or rail-transport operator which it controls;

‘participation in the capital with rights or representation on
the board of directors, supervisory board or any other gov-
erning body of a system vendor’ means an investment to
which are attached rights or representation on the board of
directors, supervisory board or any other governing body of
a system vendor, and conferring the possibility of exercising,
alone or jointly with others, decisive influence on the run-
ning of the business of the system vendor;

‘control’ means a relationship constituted by rights, contracts
or any other means which, either separately or in combina-
tion and having regard to the considerations of fact or law
involved, confer the possibility of exercising decisive influ-
ence on an undertaking, in particular by:

(a) ownership or the right to use all or part of the assets of

an undertaking;

(b)

rights or contracts which confer a decisive influence on
the composition, voting or decisions of the organs of an
undertaking;

10.

‘participating carrier’ means an air carrier or rail-transport
operator which has an agreement with a system vendor for
the distribution of transport products through a CRS;

11.

‘subscriber’ means a person or an undertaking, other than a
participating carrier, using a CRS under contract with a sys-
tem vendor with the purpose of making reservations of air-
transport and related products on behalf of a client;

12.

‘principal display’ means a comprehensive neutral display of
data concerning transport services between city-pairs, within
a specified time period;

13.

‘ticket’ means a valid document giving entitlement to trans-
port, or an equivalent in paperless form, issued or authorised
by the air carrier, rail-transport operator or an authorised
agent;

14.

‘bundled product’ means a prearranged combination of trans-
port with other services not ancillary to transport and offered
at an inclusive price;

15.

‘booking fee’ means the price to be paid by air carriers to sys-
tem vendors for the services provided by the CRS.

SECTION 2

RULES OF CONDUCT FOR SYSTEM VENDORS

Article 3

Relationship with transport providers

1.

A system vendor shall not:

(a) attach unfair and/or unjustified conditions to any contract
with a participating carrier or require the acceptance of
supplementary conditions which, by their nature or accord-
ing to commercial usage, have no connection with participa-
tion in its CRS;

(b) make it a condition of participation in its CRS that a partici-
pating carrier may not at the same time be a participant in
another system or that a participating carrier may not freely
use alternative reservation systems such as its own Internet
booking system and call centres.

A system vendor shall load and process data provided by
2.
participating carriers with equal care and timeliness, subject only
to the constraints of the loading method selected by individual
participating carriers.

3.
A system vendor shall publicly disclose, unless this is oth-
erwise made public, the existence and extent of a direct or indi-
rect capital holding of an air carrier or rail-transport operator in a
system vendor, or of a system vendor in an air carrier or rail-
transport operator.

L 35/50

EN

Official Journal of the European Union

4.2.2009

Article 4

Distribution facilities

Article 6

Relationship with subscribers

A system vendor shall not reserve any specific loading
1.
and/or processing procedure, any other distribution facility, or
any changes to these, for one or more participating carriers,
including its parent carrier(s). The system vendor shall provide
information about changes to its distribution facilities and
loading/processing procedures to all participating carriers.

A system vendor shall not attach unfair and/or unjustified
1.
conditions to a contract with a subscriber, such as preventing a
subscriber from subscribing to or using any other system or sys-
tems, requiring the acceptance of supplementary conditions
which have no connection with subscription in its CRS, or impos-
ing an obligation to accept an offer of technical equipment or
software.

2.
A system vendor shall ensure that its distribution facilities
are separated, at least by means of software and in a clear and
verifiable manner, from any carrier’s private inventory and man-
agement and marketing facilities.

Article 5

Displays

1.
A system vendor shall provide a principal display or dis-
plays for each individual transaction through its CRS and shall
include therein the data provided by participating carriers in a
neutral and comprehensive manner and without discrimination
or bias. Criteria to be used for ranking shall not be based on any
factor directly or indirectly relating to carrier identity and shall be
applied on a non-discriminatory basis to all participating carriers.
The principal display(s) shall not mislead the user, shall be easily
accessible and shall respect the rules set out in Annex I.

In the case of information provided by a CRS to the con-
2.
sumer, a subscriber shall use a neutral display in accordance with
paragraph 1 unless another display is required to meet a prefer-
ence indicated by a consumer.

3.
Flights operated by air carriers subject to an operating ban
pursuant to Regulation (EC) No 2111/2005 of the European Par-
liament and of the Council of 14 December 2005 on the estab-
lishment of a Community list of air carriers subject to an operating
ban within the Community and on informing air transport pas-
sengers of the identity of the operating air carrier (1) must be
clearly and specifically identified in the display.

4.
The system vendor shall introduce a specific symbol in the
CRS display which shall be identifiable by the users for the pur-
poses of the information on the identity of the operating air car-
rier provided for under Article 11 of Regulation (EC)
No 2111/2005.

This Article shall not apply to a CRS used by an air carrier,
5.
or rail-transport operator, or a group of air carriers, or of rail-
transport operators, in its or their own office or offices and sales
counters or on their own websites clearly identified as such.

(1) OJ L 344, 27.12.2005, p. 15.

2. Where a subscriber is an autonomous enterprise that
employs fewer than 50 persons and whose annual turnover
and/or annual balance sheet total does not exceed EUR 10 mil-
lion, it may terminate its contract with a system vendor by giving
notice, which need not exceed three months, to expire not before
the end of the first year of that contract. In such a case, a system
vendor shall not be entitled to recover more than the costs directly
related to the termination of the contract.

Article 7

Marketing Information Data Tapes (’MIDT’)

Any marketing, booking and sales data may be made avail-
1.
able by system vendors provided that such data are offered with
equal timeliness and on a non-discriminatory basis to all partici-
pating carriers,
including parent carriers. Data may and, on
request, shall cover all participating carriers and/or subscribers.

Participating carriers shall not use such data in order to

2.
influence the choice of the subscriber.

3. Where such data result from the use of the distribution
facilities of a CRS by a subscriber established in the Community,
they shall include no identification either directly or indirectly of
that subscriber unless the subscriber and the system vendor agree
on the conditions for the appropriate use of such data. This
applies equally to the supply of such data by the system vendors
to any other party for use by this party other than for billing
settlement.

Agreements between subscriber(s) and system vendor(s) on

4.
the MIDT shall be made available to the public.

Article 8

Equivalent treatment in third countries

1. Without prejudice to international agreements to which the
Community or the Member States are parties, where the treat-
ment of Community air carriers by a system vendor operating in
a third country is not equivalent to the treatment of the third
country participating carriers with regard to any matter contained
in this Regulation, the Commission may require all system ven-
dors operating in the Community to treat air carriers of that third
country in a manner that is equivalent to the treatment of Com-
munity air carriers in that third country.

4.2.2009

EN

Official Journal of the European Union

L 35/51

The Commission shall monitor the application of the dis-
2.
criminatory or non-equivalent treatment of Community air car-
riers by system vendors in third countries. At the request of a
Member State or on its own initiative, the Commission shall
investigate potential cases of discrimination against Community
air carriers in CRSs of third countries. Where such discrimination
is found, before taking a decision, the Commission shall inform
the Member States and interested parties and seek their com-
ments, including by holding a meeting of relevant experts from
the Member States.

A parent carrier shall neither directly nor indirectly discrimi-
4.
nate in favour of its own CRS by linking the use of any specific
CRS by a subscriber with the receipt of any commission or other
incentive or disincentive for the sale of its transport products.

5.
A parent carrier shall neither directly nor indirectly discrimi-
nate in favour of its own CRS by requiring the use of any specific
CRS by a subscriber for sale or issue of tickets for any transport
products provided either directly or indirectly by itself.

SECTION 3

RULES OF CONDUCT FOR TRANSPORT PROVIDERS

SECTION 4

PROTECTION OF PERSONAL DATA

Article 11

Article 9

Processing, access and storage of personal data

Data provided by participating carriers

Participating carriers, and intermediaries handling the data, shall
ensure that the data which they submit to a CRS are accurate and
that the data allow the system vendor to respect the rules set out
in Annex I.

Article 10

Specific rules for parent carriers

1.
A parent carrier shall not, subject to reciprocity as referred
to in paragraph 2, discriminate against a competing CRS by refus-
ing to provide the latter, on request and with equal timeliness,
with the same data on schedules, fares and availability relating to
its own transport products as those which it provides to its own
CRS or to distribute its transport products through another CRS,
or by refusing to accept or to confirm with equal timeliness a res-
ervation made through a competing CRS for any of its transport
products which are distributed through its own CRS. The parent
carrier shall be obliged to accept and to confirm only those book-
ings which are in conformity with its fares and conditions.

2.
A competing CRS shall not refuse to store data concerning
timetables, fares and available seats in respect of transport services
offered by a parent carrier and shall load and process data with
equal care and timeliness as that accorded to its other customers
and subscribers on any of the markets, subject only to the con-
straints of the loading method selected by individual carriers.

3.
The parent carrier shall not be obliged to accept any costs
in this connection except for reproduction of the data to be pro-
vided and for accepted bookings. The booking fee payable to a
CRS for an accepted booking made in accordance with para-
graph 1 shall be in line with the fee charged by the same CRS to
other participating carriers for equivalent transactions.

Personal data collected in the course of the activities of a
1.
CRS for the purpose of making reservations or issuing tickets for
transport products shall only be processed in a way compatible
with these purposes. With regard to the processing of such data,
a system vendor shall be considered as a data controller in accor-
dance with Article 2(d) of Directive 95/46/EC.

2.
Personal data shall only be processed in so far as processing
is necessary for the performance of a contract to which the data
subject is party or in order to take steps at the request of the data
subject prior to entering into a contract.

3. Where special categories of data referred to under Article 8
of Directive 95/46/EC are involved, such data shall only be pro-
cessed where the data subject has given his or her explicit con-
sent to the processing of those data on an informed basis.

4.
Information under the control of the system vendor con-
cerning identifiable individual bookings shall be stored offline
within seventy-two hours of the completion of the last element in
the individual booking and destroyed within three years. Access
to such data shall be allowed only for billing-dispute reasons.

5. Marketing, booking and sales data made available by a sys-
tem vendor shall include no identification, either directly or indi-
rectly, of natural persons or, where applicable, of
the
organisations or companies on whose behalf they are acting.

6.
Upon request, a subscriber shall inform the consumer of the
name and address of the system vendor, the purposes of the pro-
cessing, the duration of the retention of personal data and the
means available to the data subject of exercising his or her access
rights.

7.
A data subject shall be entitled to have access free of charge
to data relating to him or her regardless of whether the data are
stored by the system vendor or by the subscriber.

L 35/52

EN

Official Journal of the European Union

4.2.2009

The rights recognised in this Article are complementary to
8.
and shall exist in addition to the data subject rights laid down by
Directive 95/46/EC, by the national provisions adopted pursuant
thereto and by the provisions of international agreements to
which the Community is party.

9.
The provisions of this Regulation particularise and comple-
ment Directive 95/46/EC for the purposes mentioned in Article 1.
Save as otherwise provided, the definitions in that Directive shall
apply. Where the specific provisions with regard to the process-
ing of personal data in the context of the activities of a CRS laid
down in this Article do not apply, this Regulation shall be with-
out prejudice to the provisions of that Directive, the national pro-
thereto and the provisions of
visions adopted pursuant
international agreements to which the Community is party.

10. Where a system vendor operates databases in different
capacities such as, as a CRS, or as a host for airlines, technical and
organisational measures shall be taken to prevent the circumven-
tion of data protection rules through the interconnection between
the databases, and to ensure that personal data are only accessible
for the specific purpose for which they were collected.

SECTION 5

AUDIT

Article 12

Article 14

Powers of investigation

In order to carry out the duties assigned to it by this Regulation,
the Commission may, by simple request or decision, require
undertakings or associations of undertakings to provide all nec-
essary information,
including the provision of specific audits
notably on issues covered by Articles 4, 7, 10 and 11.

Article 15

Fines

1.
The Commission may, by decision, impose on undertakings
and associations of undertakings fines not exceeding 10 % of the
total turnover in the preceding business year where, intentionally
or negligently, they infringe this Regulation.

2.
The Commission may, by decision, impose on undertakings
and associations of undertakings fines not exceeding 1 % of the
total turnover in the preceding business year where, intentionally
or negligently, they supply incorrect or incomplete information
or do not supply information within the required time limit in
response to a request made by a decision adopted pursuant to
Article 14.

In fixing the amount of the fines, regard shall be had both

3.
to the gravity and to the duration of the infringement.

Auditor and audited report

4.

Fines shall not be of a criminal nature.

1.
Every system vendor shall, every four years and, in addition,
upon request from the Commission, submit an independently
audited report detailing the ownership structure and governance
model. Costs related to the audited report shall be borne by the
system vendor.

The system vendor shall inform the Commission of the
2.
identity of the auditor before confirmation of the appointment.
The Commission may object and, within two months and after
consultation with the auditor, the system vendor and any other
party claiming a legitimate interest, shall decide whether or not
the auditor is to be replaced.

SECTION 6

INFRINGEMENTS AND PENALTIES

Article 13

Infringements

Where the Commission, acting on a complaint or on its own ini-
tiative, finds that there is an infringement of this Regulation, it
may by decision require the undertakings or associations of
undertakings concerned to bring such an infringement to an end.
Investigations regarding possible infringements of this Regulation
shall fully take into account the results of any inquiry under
Articles 81 and 82 of the Treaty.

5.
The Court of Justice of the European Communities shall
have unlimited jurisdiction to review decisions whereby the Com-
mission has imposed a fine. It may cancel, reduce or increase the
fine.

Article 16

Procedures

1.
Before taking decisions pursuant to Articles 13 and 15, the
Commission shall issue to the undertakings or associations of
undertakings concerned a statement of objections and give them
an opportunity to submit their views in writing and, if they so
request, at an oral hearing.

2.
The Commission shall not disclose information of the kind
covered by the obligation of professional secrecy which it has
obtained pursuant to this Regulation.

Any person who submits information to the Commission under
this Regulation shall clearly identify any material which it consid-
ers to be confidential, giving reasons, and provide a separate non-
confidential version by the date set by the Commission.

3. Where the Commission considers that on the basis of the
information in its possession there are insufficient grounds for
acting on a complaint, it shall inform the complainant of its rea-
sons and set a time limit within which the complainant may make
known its views in writing.

4.2.2009

EN

Official Journal of the European Union

L 35/53

If the complainant makes known its views within the time limit
set by the Commission and the written submissions made by the
complainant do not lead to a different assessment of the com-
plaint, the Commission shall reject the complaint by decision. If
the complainant fails to make known its views within the time
limit set by the Commission, the complaint shall be deemed to
have been withdrawn.

Where the Commission issues a statement of objections, it shall
provide the complainant with a copy of the non-confidential ver-
sion and set a time limit within which the complainant may make
known its views in writing.

4.
If so requested, the Commission shall grant access to the file
to the parties to whom it has addressed a statement of objections
and to the complainant. Access shall be granted after the notifi-
cation of the statement of objections. The right of access to the
file shall not extend to business secrets, other confidential infor-
mation and internal documents of the Commission.

If the Commission considers it necessary, it may hear other

5.
natural or legal persons.

SECTION 7

FINAL PROVISIONS

Article 17

Repeal

References to the repealed Regulation shall be construed as
2.
references to this Regulation and be read in accordance with the
correlation table set out in Annex II.

Article 18

Review

1.
The Commission shall, on a regular basis, monitor the
application of this Regulation, if necessary with the assistance of
specific audits as provided for in Article 14. It shall, in particular,
examine the effectiveness of this Regulation in ensuring non-
discrimination and fair competition in the market for CRS
services.

2.
The Commission shall, when appropriate, report to the
European Parliament and to the Council on the application of
Article 8 with regards to equivalent treatment in third countries
and shall propose any appropriate measure in order to alleviate
discriminatory conditions, including the conclusion or modifica-
tion of bilateral air transport agreements between the Commu-
nity and third countries.

By 29 March 2013, the Commission shall draw up a report
3.
on the application of this Regulation which shall assess the need
to maintain, amend or repeal this Regulation.

Article 19

Entry into force

1.

Regulation (EEC) No 2299/89 shall be repealed.

This Regulation shall enter into force on 29 March 2009.

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

Done at Strasbourg, 14 January 2009.

For the European Parliament
The President
H.-G. PÖTTERING

For the Council
The President
A. VONDRA

L 35/54

EN

Official Journal of the European Union

4.2.2009

ANNEX I

RULES APPLICABLE TO PRINCIPAL DISPLAYS

1. Where prices are shown in the principal display, and/or where a ranking based on prices is chosen, prices shall be inclu-
sive of the fares and of all applicable taxes, charges, surcharges and fees to be paid to the air carrier or rail-transport
operator, and which are unavoidable and foreseeable at the time when shown on the display.

2. No discrimination on the basis of airports or rail stations serving the same city shall be exercised in constructing and

selecting transport products for a given city-pair for inclusion in a principal display.

3.

Flights other than scheduled air services must be clearly identified. A consumer shall be entitled to have, on request, a
principal display limited to scheduled or non-scheduled services only.

4.

Flights involving stops en route must be clearly identified.

5. Where flights are operated by an air carrier which is not the air carrier identified by the carrier designator code, the
actual operator of the flight must be clearly identified. That requirement will apply in all cases, except for short-term ad
hoc arrangements.

6.

Information on bundled products shall not be featured in the principal display.

7. At the choice of the subscriber, travel options in the principal display shall be ranked either by fares or in the following

order:

(i)

non-stop travel options ranked by departure time;

(ii)

all other travel options ranked by elapsed journey time.

8.

Except as provided in point 10, no travel option may be featured more than once in any principal display.

9. Where travel options are ranked in accordance with point 7(i) and (ii), and where train services for the same city-pair
are offered on the CRS, at least the best ranked train service or air-rail service shall be featured on the first screen of the
principal display.

10. Where air carriers operate under code-share arrangements, each of the air carriers concerned — not more than two —
shall be allowed to have a separate display using its individual carrier-designator code. Where more than two air car-
riers are involved, the designation of the two carriers shall be a matter for the carrier actually operating the flight.

4.2.2009

EN

Official Journal of the European Union

L 35/55

ANNEX II

CORRELATION TABLE

Regulation (EEC) No 2299/89

This Regulation

Article 1

Article 2

Article 3(1) and (2)

Article 3(3)

Article 3(4)

Article 3a

Article 4(1)

Article 4(2)

Article 4(3)

Article 4a(1) and (2)

Article 4a(3)

Article 4a(4)

Article 5

Article 6

Article 7

Article 8

Article 9

Article 9a

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21

Article 21a

Article 21b

Article 22

Article 23

Annex I

Article 1

Article 2

—

Article 3(1)

Article 4(1)

Article 10(1) and (3)

Article 9

—

Article 3(2)

Article 4(1)

Article 4(2)

—

Article 5

Articles 7 and 11

Article 8

Article 10(4) and (5)

Article 6

Articles 5(2) and 11

—

Article 13

Article 14

Article 14

Article 16(2)

Article 14

Article 15(1) to (4)

Article 15(5)

—

Article 16(1) and (5)

—

—

—

—

Article 11

Article 18

Annex I