Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air
Date: 2013-03-13
Institutions: European Commission
Subjects: aircraft, airline, indemnification, personal effects, reservation, traveller

EUROPEAN 
COMMISSION 

Brussels, 13.3.2013  
COM(2013) 130 final 

2013/0072 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EC) No 261/2004 establishing common rules on compensation 
and assistance to passengers in the event of denied boarding and of cancellation or long 
delay of flights and Regulation (EC) No 2027/97 on air carrier liability in respect of the 
carriage of passengers and their baggage by air  

(Text with EEA relevance) 

{SWD(2013) 62 final} 
{SWD(2013) 63 final} 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The current legal framework 

1.1. 
Regulation  (EC)  No  261/20041  depending  on  the  circumstances  of  the  travel  disruption, 
requires air carriers to: 

•  provide passengers with assistance, such as meals, refreshments, telephone calls and hotel 

accommodation;  

•  offer re-routing and refunds;  

•  pay a flat-rate compensation of up to €600 per  passenger, depending on the flight distance; 

and 

•  proactively inform passengers about their rights. 

The airline is not obliged to pay financial compensation if it can prove that the cancellation or 
delay  was  caused  by  extraordinary  circumstances.  However,  the  obligations  for  care  and 
assistance are upheld even in such situations. 

The  Regulation  also  requires  Member  States  to  establish  National  Enforcement  Bodies 
(NEBs) to ensure the correct application of the Regulation. 

The rights of passengers under the Regulation should not be confused with their rights under 
the  Montreal  Convention:  whilst  the  Convention  provides  for  individualised  damage  to 
travellers, assessed on a case-by-case basis depending on the individual circumstances of the 
passenger, Regulation (EC) No 261/2004 establishes standardised entitlements (with regard to 
assistance and care) applicable to all passengers, regardless of their individual circumstances. 
Under  the  Montreal  Convention  (as  translated  by  Regulation  (EC)  No  2027/972  into  EU 
law), a passenger may be entitled to compensation in case of mishandled baggage (but with a 
limit  of  about  €1200),  excep t  if  the  airline  can  demonstrate  it  has  taken  all  reasonable 
measures to avoid the damages or it was impossible to take such measures. Unlike Regulation 
(EC)  No  261/2004,  neither  Regulation  (EC)  No  2027/97  nor  the  Montreal  Convention 
requires the establishment of enforcement bodies to ensure their correct application. 

1.2. 

Recent developments 

Airlines  often  fail  to  offer  passengers  the  rights  to  which  they  are  entitled  in  instances  of 
denied  boarding,  long  delays,  cancellations  or  mishandled  baggage,  in  particular  under 
Regulation (EC) No 261/2004 ("the Regulation") and Regulation (EC) No 2027/97. 

The  Commission  EU  Citizenship  Report  of  October  2010  on  dismantling  obstacles  to  EU 
citizens'  rights3  announced  measures  to  ensure  a  set  of  common  rights  for  passengers 
travelling by any transport mode across the EU and the adequate enforcement of these rights. 

1 

2 

3 

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 
L46, 17.2.2004, p.1). 
Regulation (EC) No 2027/97 of the Council of 9 October 1997 on air carrier liability in respect of the 
carriage of passengers and their baggage by air (OJ L 285, 17.10.1997, p.1) as amended by Regulation 
(EC)  No  889/2002  of  the  European  Parliament  and  of  the  Council  of  13  May  2002  (OJ  L  140, 
30.5.2002, p.2) 
COM(2010) 0603, 16 Octobre 2010 

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The Commission White Paper on Transport adopted on 28 March 2011 mentioned among 
its initiatives the need to "develop a uniform interpretation of EU law on passenger rights and 
a harmonised and effective enforcement, to ensure both a level playing field for the industry 
and a European standard of protection for the citizens".4 
The Commission Communication of 11 April 20115 reported on the varying interpretation 
being taken on the provisions of Regulation (EC) No 261/2004, due to grey zones and gaps in 
the  current  text,  and  the  non-uniform  enforcement  across  Member  States.  Furthermore,  it  is 
difficult for passengers to enforce their individual rights. 
On 29 March 2012, the European Parliament (EP) adopted a resolution6 in response to the 
above  Commission  Communication.  The  EP  believes  that  proper  application  of  the  existing 
rules  by  Member  States  and  air  carriers,  enforcement  of  sufficient  and  simple  means  of 
redress and providing passengers with accurate information concerning their rights should be 
the cornerstones of regaining passengers’ trust. The EP regrets that the national enforcement 
bodies  do  not  always  ensure  effective  protection  of  passenger  rights.  With  regard  to 
Regulation (EC) No 261/2004, the EP asks the Commission to propose a clarification of the 
passengers' rights, in particular the notion of ‘extraordinary circumstances’. 
EU legislation must be in full conformity with the Charter of Fundamental Rights7. More 
specifically,  it  follows  from  Article  38  that  a  high  level  of  consumer  protection  should  be 
attained in all Union policies. Other relevant provisions include the right to the protection of 
personal data (Article 8), the prohibition of any form of discrimination and the integration of 
persons with disabilities (Articles 21 and 26) and the right to an effective remedy and to a fair 
trial (Article 47). 

Case law has had a decisive impact on the interpretation of the Regulation. In case C-344/04 
(IATA),  the  ECJ  confirmed  its  full  compatibility  with  the  Montreal  Convention  and  the 
complementarities between the two legal instruments. In case C-549/07 Wallentin-Herrman, 
the  Court  clarified  when  a  technical  problem  in  an  aircraft  should  not  be  regarded  as  an 
‘extraordinary circumstance’. In the Sturgeon case (Joined Cases C-402/07 and C-432/07), the 
ECJ  held  that  a  long  delay  of  at  least  three  hours  at  arrival  entitles  passengers  to 
compensation. 

This  proposal  aims  to  promote  the  interest  of  air  passengers  by  ensuring  that  air  carriers 
comply  with  a  high  level  of  air  passenger  protection  during  travel  disruptions,  while  taking 
into account the financial implications for the air transport sector and ensuring that air carriers 
operate under harmonised conditions in a liberalised market. 

4 

5 

6 

7 

see 

144 

final, 

COM(2011) 

Roadmap to a Single European Transport Area - Towards a competitive and resource efficient transport 
system 
http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2011:0144:FIN:EN:PDF 
Communication from the Commission to the European Parliament and the Council on the application of 
Regulation  261/2004  establishing  common  rules  on  compensation  and  assistance  to  passengers  in  the 
event  of  denied  boarding  and  of  cancellation  or 
(http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2011:0174:FIN:EN:PDF). COM (2011) 174 final 
European  Parliament  resolution  on  the  functioning  and  application  of  established  rights  of  people 
2011/2150(INI), 
travelling 
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-99 
OJ C364, 18.12.2000, p. 1 

long  delay  of 

flights 

page 

air, 

23: 

by 

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2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENT 

2.1. 

Consultation process 

A public consultation was carried out between 19 December 2011 and 11 March 2012; 410 
submissions  were  received.  The  results  are  available  on  the  Commission's  website8. 
Moreover, a consultant undertook individual and more detailed interviews and consultations 
with 98 stakeholders from all stakeholder groups.  

Finally, on 30 May 2012, the Commission and the European Economic and Social Committee 
co-organised a conference giving stakeholders the opportunity to respond to the results of the 
public consultation. The presentations and the minutes of the conference can be found on the 
Commission's website9. 

The  consumer  and  passenger  representatives  mainly  focused  on  poor  compliance  and 
inadequate  enforcement,  especially  with  regard  to  financial  compensation  in  case  of  delay. 
Airlines and their associations mainly considered that the financial cost of the Regulation is 
excessive,  particularly  that  airlines  face  unlimited  liability  for  incidents  which  are  not  their 
fault  (e.g.  volcanic  ash  cloud  crisis  in  April  2010).  The  airlines  heavily  criticised  the 
consequences of the Sturgeon judgement as causing excessive costs. The views of the travel 
agent  and  tour  operator  associations  were  similar  to  those  of  the  airlines,  but  with  some 
notable  exceptions  such  as  in  regard  to  the  right  to  rerouting  or  to  the  use  of  individual 
segments of a flight ticket ("no show" policy). Airports expressed strong opposition towards 
being given any responsibilities under the revised Regulation. 

The  national  and  sub-national  authorities  that  responded  to  the  public  consultation 
expressed  views  on  most  issues  which  were  similar  to  those  of  the  consumer/passenger 
associations, but were more sensitive to economic, budgetary and legal constraints. 

2.2. 

Impact assessment 

The Commission  has assessed four policy options in view of improving the application and 
enforcement  of  air  passenger  rights.  They  differ  by  the  chosen  trade-off  between  stronger 
enforcement and adjusted economic incentives for airlines: a heavier cost is an incentive for 
airlines for minimising costs of compliance and trying not to grant passengers their rights. A 
stronger sanctioning policy is an incentive for compliance. Therefore, for options where the 
cost imposed by the obligations of the Regulation is higher, the enforcement policy must be 
stricter and better coordinated, and vice versa. 

Such a selection was considered because a full focus on enforcement without addressing the 
economic  disincentives  for  compliance  would  require  considerable  public  resources  to  be 
devoted to the enforcement bodies. 

Option 1: focus on economic incentives (moderate change of enforcement): under option 
1,  enforcement  is  better  coordinated,  mainly  via  a  better  stream  of  information  between  the 
NEBs and the Commission. The option mainly focuses on the reduction of costs by replacing 
some of the obligations with regard to care (i.e. catering, accommodation) by the obligation 
for airlines to propose optional insurance to passengers. 

Option 2: balancing stronger enforcement policy with economic incentives: enforcement 
policy  is  reinforced  through  stronger  coordination  of  NEBs.  NEBs  would  be  required  to 
improve  the  information  they  provide  to  the  Commission  about  their  activities  and  the 
Commission may request investigations, especially in cases involving several Member States. 

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9 

http://ec.europa.eu/transport/passengers/consultations/2012-03-11-apr_en.htm 
http://ec.europa.eu/transport/passengers/events/2012-05-30-stakeholder-conference_en.htm 

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Additional costs flowing from enhanced care and assistance are compensated by adjustments 
in  the  global  amount  of  financial  compensation.  This  can  be  achieved  by  reducing  the 
frequency of compensation payments via two variants: 

• 

• 

Variant 2a: increasing the time threshold after which the passenger has a right 
to compensation in case of delays from the current three hours to at least five; 

Variant  2b:  extending  the  scope  of  "extraordinary  circumstances"  to  include 
most technical defaults. 

For  both  variants  2a  and  2b,  the  impact  assessment  report  analyses  whether  an  additional 
adjustment of the lump-sum compensation amounts would be useful. 

Under option 2, there would be a limit of 3 or 4 days on the obligation of accommodation in 
situations  of  extraordinary  events  of  long  duration.  To  mitigate  the  impact  on  passengers, 
contingency planning and a quicker rerouting are introduced. 

Option 3: focus on enforcement: this option entirely focusses on stronger enforcement and 
clarifies existing passenger rights to render their application more effective.  

Option  4:  centralised  enforcement:  option  4  entirely  focuses  on  a  fully  centralised 
enforcement policy which must counteract the negative incentives from the compliance cost: 
a central EU enforcement body is therefore part of this option. 

In  options  3  and  4,  an  industry  fund  –  financed  by  a  levy  on  every  airline  ticket  -  would 
ensure continued care in cases of extraordinary events of long duration by reimbursing at least 
part of the costs airlines incurred. 

All policy options have some common features such as: 

• 

• 

• 

the clarification of a number of issues (e.g. extraordinary circumstances as mentioned 
above,  rerouting  obligations,  care  during  tarmac  delays,  rights  in  case  of  missed 
connections, etc.); 

a functional separation of general enforcement and of individual complaint handling 
where  the  latter  may  be  taken  charge  of  by  alternative  dispute  resolution  bodies 
(ADR). Both, the air carriers and the bodies in charge of individual complaints would 
be submitted to clear complaint handling procedures (including maximum response 
times); 

involvement  of  other  market  players:  enhanced  possibility  for  recourse  of  airlines 
against  third  parties  responsible  for  disruptions;  setting  up  of  contingency  plans 
among airport users. 

The impact assessment concludes that option 2 is preferable over the others as it would most 
effectively and efficiently enhance passengers' rights while taking into account the financial 
impact on the air transport sector. Variant 2a is slightly preferred over 2b because keeping the 
delay threshold too short (as in 2b) might lead to more cancellations and because 2a ensures a 
better  consistency  between  the  right  to  compensation  and  the  right  to  reimbursement  (both 
arise at the earliest after 5 hours). The impact assessment does not indicate a preference with 
regard to further sub-variants of option 2a (i.e. adjusted compensation levels and/or multiple 
time thresholds for delay compensation). 

Compliance  costs  for  air  carriers  would  be  similar  under  option  2  compared  to  today's 
Regulation,  but  its  upward  potential  would  be  limited  in  case  a  growing  proportion  of 
passengers claim their compensation or in an extraordinary event of long duration. 

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The Commission has decided to present a proposal in line with the conclusion of the impact 
assessment, i.e. corresponding to its option 2a, including a uniform 5-hour threshold for delay 
compensation for all intra-EU journeys. With regard to the sub-options, the proposal does not 
modify the compensation levels, but it introduces a longer threshold for delay compensation 
for  extra-EU  journeys  of  more  than  3500  km,  given  the  specific  problems  encountered  by 
long-haul  journeys  to  deal  with  the  causes  of  delays  far  from  the  air  carrier's  home  base  (9 
hours for extra-EU journeys between 3500 and 6000 km and 12 hours for extra-EU journeys 
of 6000 km and more). 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1. 

Legal basis 

The proposal is based on Article 100(2) TFEU. 

3.2. 

Subsidiarity and proportionality 

Firstly, there is limited scope for Member States to act alone to protect consumers, as the Air 
Services Regulation (EC) No 1008/200810 does not allow Member States to place additional 
requirements on air carriers operating intra-EU services. 

Secondly,  most  of  the  problems  with  air  passenger  rights  refer  to  divergences  of 
application/enforcement  of  Regulations  (EC)  No  261/2004  and  (EC)  No  2027/97  across 
Member States weakening passengers' rights and affecting the level-playing field between air 
carriers. Only coordinated EU intervention can address these problems. 

Furthermore,  the  proposal  complies  with  the  proportionality  principle.  Any  additional  costs 
for economic operators and national authorities are limited to those necessary to improve the 
application and enforcement of passengers' rights.  Cost  increases related  to  the provision of 
care and assistance or to compensation in case of long delays are offset by modifications in 
the time thresholds giving rise to the right to compensation. 

3.3. 

Detailed explanation of the proposal 

3.3.1. Ensure effective and consistent enforcement of passenger rights 

The proposal aims to improve enforcement by clarifying key principles and implicit passenger 
rights that have given rise to many disputes between airlines and passengers in the past; and 
by enhancing and better coordinating the enforcement policies carried out on a national level. 

3.3.1.1. Clarification of key principles 

• 

• 

10 

Definition of "extraordinary circumstances": the proposal clearly defines the term 
in line with the European Court's decision in the case C-549/07 (Wallentin-Herman), 
i.e.  circumstances  which,  by  their  nature  or  origin,  are  not  inherent  in  the  normal 
exercise of the activity of the air carrier concerned and are beyond its actual control. 
Furthermore, for further legal certainty, the proposal introduces a non-exhaustive list 
of circumstances to be regarded as extraordinary and of circumstances to be regarded 
as  non-extraordinary  (Article  1(1e)  of  the  proposal  –  Article  2(m)  of  the  amended 
Regulation 261/2004 – and Annex 1). 

Right to compensation in case of long delays: the proposal explicitly introduces the 
right to compensation in case of long delays - as announced by the ECJ in the joined 
cases  C-407/07  and  C-432/07  (Sturgeon)  -  into  the  text  of  Regulation  (EC)  No 

Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 
establishing common rules for the operation of air services in the Community, OJ L 293 of 31.10.2008. 

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261/2004. However, to avoid an increase in cancellations (which are in general more 
inconvenient to passengers), the time threshold after which the right to compensation 
arises is proposed to be increased from three to five hours for all journeys within the 
EU.  While  a  single  threshold  is  proposed  for  the  EU,  for  journeys  to/from  third 
countries,  the  threshold  will  be  made  dependent  upon  the  journey  distance  to  take 
into account the practical problems encountered by air carriers when addressing the 
causes of delays at remote airports (see below; paragraph 3.3.2) (Article 1(5) of the 
proposal – Article 6(2) of the amended Regulation (EC) No 261/2004). 

Right  to  rerouting:  the  proposal  clarifies  that  if  the  air  carrier  cannot  reroute  the 
passenger on its own services within 12 hours, it must consider other carriers or other 
transport  modes,  subject  to  seat  availability  (Article  1(8)  of  the  proposal  –  Article 
8(5) of the amended Regulation (EC) No 261/2004). 

Right to care: where currently the time threshold for care is dependent on the flight 
distance  (2,  3  or  4  hours),  the  proposal  simplifies  by  introducing  a  single  time 
threshold of 2 hours for flights of all distances (Article 1(5) of the proposal – Article 
6(1)(i) of the amended Regulation (EC) No 261/2004). 

Missed  connecting  flight:  the  proposal  confirms  that  passengers  that  miss  a  flight 
connection  because  their  previous  flight  was  delayed  have  a  right  to  care  (to  be 
provided by the operating air carrier of the missed flight which is best positioned to 
provide  this  care)  and,  under  certain  circumstances,  a  right  to  compensation  (to  be 
provided by the air carrier operating the delayed flight as it was at the origin of the 
total delay). However, such right would only apply where the connecting flights are 
part  of  a  single  contract  of  carriage  as  in  that  case  the  air  carriers  concerned  have 
committed to and are aware of the intended connection between the flights. The air 
carriers  retain  the  right  to  agree  on  distributing  costs  between  themselves  (Article 
1(6) of the proposal – Article 6a of the amended Regulation (EC) No 261/2004). 

Rescheduling:  the  proposal  confirms  that  passengers  of  flights  rescheduled  with  a 
notice of period of less than two weeks in advance of the originally scheduled time 
have similar rights to delayed passengers (Article 1(5) of the proposal – Article 6 of 
the amended Regulation (EC) No 261/2004). 

Tarmac  delays:  the  proposal  clearly  sets  out  the  rights  of  passengers  when  their 
aircraft is delayed on the tarmac, in particular a right to disembark after five hours (in 
line with the right to reimbursement) (Article 1(5) of the proposal – Article 6(5) of 
the amended Regulation (EC) No 261/2004). 

Partial ban of the "no show" policy: the proposal confirms that passengers may not 
be denied boarding on a return journey of the same ticket on the grounds that they 
did  not  take  the  outward  journey.  However,  such  ban  does  not  affect  the  right  of 
airlines to impose particular rules with regard to the sequential use of flights within a 
same  journey.  The  Commission  decided  against  a  full  ban  of  the  "no  show"  policy 
because  it  would  impair  airlines  from  offering  indirect  flights  at  lower  prices  than 
direct flights and therefore hurt competition (Article 1(3(b)) of the proposal – Article 
4(4) of the amended Regulation (EC) No 261/2004). 

Right to information: passengers should have a right to information about the flight 
disruption  as  soon  as  the  information  is  available  (Article  1(13)  of  the  proposal  – 
Article 14 of the amended Regulation (EC) No 261/2004). 

• 

• 

• 

• 

• 

• 

• 

3.3.1.2. Ensure effective and consistent sanctioning 

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The  proposal  clarifies  the  role  of  the  National  Enforcement  Bodies  (NEBs)  by  clearly 
allocating  the  role  of  general  enforcement  to  the  NEBs  while  out-of-court  handling  of 
individual  complaints  will  be  a  role  for  complaint  handling  bodies  which  may  become 
Alternative Dispute Resolution Bodies (ADR) under the new ADR Directive11. Both types of 
bodies  will  closely  cooperate  (Article  1(15)  of  the  proposal  –  Articles  16  and  16a  of  the 
amended Regulation (EC) No 261/2004). 

The NEBs will adopt a more proactive monitoring policy than today and their role will be 
extended to the monitoring of compliance with the baggage provisions of Regulation (EC) 
No 2027/97 (and of the Montreal Convention) (Article 2(4) of the proposal – Article 6b of the 
amended Regulation (EC) No 2027/97). 

The  exchange  of  information  and  the  coordination  between  the  NEBs,  and  between  the 
NEBs  and  the  Commission,  will  be  enhanced  with  reporting  obligations  and  formal 
coordination  procedures  (Article  1(15)  of  the  proposal  –  Article  16b  of  the  amended 
Regulation (EC) No 261/2004). 

3.3.1.3. Ensure effective handling of individual claims and complaints 

Under  the  proposal,  air  carriers  should  inform  passengers,  at  the  time  of  reservation,  about 
their  claim  and  complaint  handling  procedures,  provide  electronic  means  to  submit 
complaints and give information about competent complaint handling bodies. Airlines will be 
required  to  respond  within  a  deadline  of  two  months  to  passengers  (Article  1(15)  of  the 
proposal – Article 16a of the amended Regulation (EC) No 261/2004). 

3.3.2. Better take into account the financial capacities of the air carriers 

A limited number of measures aim to reduce the most costly aspects of Regulation (EC) No 
261/2004: 

• 

• 

The right to compensation in case of delay will arise after five hours for all journeys 
within  the  EU.  For  journeys  to/from  third  countries,  to  take  into  account  the 
particular problems encountered by air carriers to handle causes of delays at remote 
airports, these thresholds will be made dependent upon the journey distance: 5 hours 
for  extra-EU  journeys  of  3500  km  or  less,  9  hours  for  extra–EU  journeys  between 
3500  and  6000  km,  and  12  hours  for  extra-EU  journeys  of  6000  km  and  more 
(Article  1(5)  of  the  proposal  –  Article  6(2)  of  the  amended  Regulation  (EC)  No 
261/2004). 

In  the  case  of  delays  and  cancellations  due  to  extraordinary  circumstances,  the  air 
carrier  may  limit  the  right  to  accommodation  to  3  nights  with  a  maximum  of  EUR 
100  per  night  and  passenger  (Article  1(9)  of  the  proposal  –  Article  9(4)  of  the 
amended  Regulation  (EC)  No  261/2004).  However,  the  impact  on  passengers  is 
mitigated by two additional measures: first, faster rerouting should reduce the risk of 
passengers being stranded for so long (see above); second, airports, air carriers and 
other actors in the air transport chain will be required to set up contingency plans to 
optimise the care and assistance to stranded passengers (Article 1(4) of the proposal 
–  Article  5(5)  of  the  amended  Regulation  (EC)  No  261/2004).  Furthermore,  the 
limitation  in  the  provision  of  accommodation  does  not  apply  to  passengers  with 
reduced  mobility  (PRMs),  those  persons  accompanying  them,  pregnant  women, 
persons  in  need  of  specific  medical  assistance  and  unaccompanied  children  - 
provided they have pre-notified the air carrier 48 hours before the scheduled time of 

11 

See the Commission's proposals: http://ec.europa.eu/consumers/redress_cons/adr_policy_work_en.htm 

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• 

• 

departure  (Article  1(11)  of  the  proposal  –  Articles  11(3)  and  11(4)  of  the  amended 
Regulation (EC) No 261/2004). 

In  view  of  the  specificities  of  small-scale  (regional)  operations,  air  carriers  are  not 
compelled to provide accommodation to passengers of flights of less than 250 km on 
aircraft with a maximum capacity of 80 seats (except on connecting flights). Again, 
this  derogation  does  not  apply  to  PRM,  persons  accompanying  them,  pregnant 
women, persons in need of specific medical assistance and unaccompanied children 
(Articles  1(9)  and  1(11)  of  the  proposal  –  Articles  9(5),  11(3)  and  11(4)  of  the 
amended Regulation 261/2004). 

The proposal specifies that national law may not restrict the air carriers' right to seek 
compensation from third parties responsible for delays or cancellations (Article 1(12) 
of the proposal – Article 13 of the amended Regulation (EC) No 261/2004). 

3.3.3. Ensure better enforcement of passenger rights with regard to mishandled baggage 

Taking  into  account  the  UN  Convention  on  the  Rights  of  Persons  with  Disabilities  and  the 
Charter  of  Fundamental  Rights  (Articles  21  and  26),  passengers  with  reduced  mobility 
should  have  the  same  right  to  free  movement,  freedom  of  choice  and  non-discrimination  as 
other citizens. 

The  liability  of  air  carriers  with  regard  to  mobility  equipment  will  be  increased  up  to  the 
actual value of the equipment. This is achieved, in conformity with the Montreal Convention, 
by compelling  air carriers  to  automatically  offer the option to make a special declaration of 
interest laid out  within the  Convention, at no additional  cost (Article 2(4) of the proposal – 
Article 6a of the amended Regulation (EC) No 2027/97). 

The  proposal  enhances  the  transparency  with  regard  to  baggage  allowances.  It  explicitly 
requires air carriers to clearly indicate the cabin and hold baggage allowances, at booking and 
at the airport (Article 2(4) of the proposal – Article 6d of the amended Regulation (EC) No 
2027/97). 

The proposal includes measures with regard to musical instruments. It compels air carriers 
to  accept  small  instruments  inside  the  passenger  cabin,  subject  to  certain  conditions,  and  to 
clarify their rules with regard to the carriage of larger instruments in the cargo compartment 
(Article 2(4) of the proposal – Article 6e of the amended Regulation (EC) No 2027/97). 

Taking  into  consideration  the  strict  time  limits  of  the  Montreal  Convention  within  which 
passengers can submit claims for mishandled baggage to air carriers, it is proposed that air 
carriers  issue  a  claim  form  at  the  airport  where  passengers  can  complain  about  delayed, 
damaged or lost baggage (such as the common Property Irregularity Report or PIR) and then 
to accept this  as  a claim for the purposes of Regulation (EC) No 2027/97 and the Montreal 
Convention (Article 2(1) of the proposal – Article 3(2) of the amended Regulation (EC) No 
2027/97). 

Under the proposal, the National Enforcement Bodies designated under Regulation 261/2004 
will  also  be  responsible  for  the  enforcement  of  the  provisions  of  Regulation  2027/97  that 
relate  to  the  rights  of  passengers  with  regard  to  delayed,  lost  or  damaged  baggage  (Article 
2(4) of the proposal – Article 6b of the amended Regulation (EC) No 2027/97). 

3.3.4. Adapt liability limits in accordance to general price inflation 

Regulation  (EC)  No  2027/97,  as  amended  by  Regulation  (EC)  No  889/2002,  introduces  the 
Montreal  Convention  into  EU  law  and  extends  its  scope  to  domestic  flights  (in  addition  to 
international  flights).  The  Convention  sets  limits  of  liability  with  respect  to  the  carriage  of 
passengers, baggage and cargo, which have been revised upwards by 13.1% with effect from 

EN 

9 

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30 December 2009. The present proposal updates the limits in the EU Regulation to take into 
account these revised amounts in the Convention (Articles 2(2) and 2(3) and annex 2 of the 
proposal – Articles 5(2) and 6(1) and the annex of the amended Regulation 2027/97). 

4. 

BUDGETARY IMPLICATION 

The proposal has no implications for the EU budget.

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2013/0072 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EC) No 261/2004 establishing common rules on compensation 
and assistance to passengers in the event of denied boarding and of cancellation or long 
delay of flights and Regulation (EC) No 2027/97 on air carrier liability in respect of the 
carriage of passengers and their baggage by air  

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 100(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 
Having regard to the opinion of the European Economic and Social Committee12,  
Having regard to the opinion of the Committee of the Regions13, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

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 295/9114, and Regulation (EC) No 2027/97 of the 
Council  of  9  October  1997  on  air  carrier  liability  of  the  carriage  of  passengers  and 
their  baggage  by  air15  have  significantly  contributed  to  protecting  the  rights  of  air 
passengers  when  their  travel  plans  are  disrupted  by  denied  boarding,  long  delays, 
cancellations or mishandled baggage. 

A number of shortcomings revealed during the implementation of the rights under the 
Regulations,  have  however  prevented  their  full  potential  in  terms  of  passenger 
protection  from  being  realised.  In  order  to  ensure  a  more  effective,  efficient  and 
consistent application of air passenger rights across the Union, a series of adjustments 
to  the  current  legal  framework  is  required.  This  was  underlined  in  the  Commission 
2010  EU  Citizenship  Report  on  dismantling  obstacles  to  EU  citizens'  rights16  which 
announced measures to ensure a set of common rights notably for air passengers and 
the adequate enforcement of these rights. 

12 
13 
14 
15 
16 

OJ C , , p. . 
OJ C , , p. . 
OJ L46, 17.2.2004, p.1 
OJ L285, 17.10.1997, p.1; modified in OJ L140, 30.5.2002, p.2 
COM(2010) 603 final 

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11 

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(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

In  order  to  increase  legal  certainty  for  air  carriers  and  passengers,  a  more  precise 
definition of the concept of "extraordinary circumstances" is needed, which takes into 
account  the  judgement  of  the  European  Court  of  Justice  in  the  case  C-549/07 
(Wallentin-Hermann).  Such  a  definition  should  be  further  clarified  via  a  non-
exhaustive list of circumstances that are clearly identified as extraordinary or not. 

In the case C-173/07 (Emirates), the European Court of Justice held that the concept of 
‘flight’  within  the  meaning  of  Regulation  No  261/2004  must  be  interpreted  as 
consisting  essentially  of  an  air  transport  operation,  as  a  ‘unit’  of  such  transport, 
performed  by  an  air  carrier  which  fixes  its itinerary.  In  order  to  avoid  uncertainty,  a 
clear  definition  of  a  "flight"  should  now  be  provided,  as  well  as  for  the  associated 
notions of "connecting flight" and "journey". 

In the case C-22/11 (Finnair), the European Court decided that the concept of ‘denied 
boarding’  must be interpreted  as relating not only to cases where boarding is  denied 
because of overbooking but also to those where boarding is denied on other grounds, 
such as operational reasons. Given this confirmation, there is no reason to modify the 
current definition of "denied boarding". 

Regulation  (EC)  No  261/2004  also  applies  to  passengers  that  have  booked  their  air 
transport  as  part  of  a  package  travel.  However,  it  should  be  clarified  that  passengers 
may  not  cumulate  corresponding  rights,  in  particular  under  both  this  Regulation  and 
Council  Directive  90/314/EEC  of  13  June  1990  on  package  travel,  package  holidays 
and  package  tours17.  The  passengers  should  be  able  to  choose  under  which  law  they 
introduce their claims, but should not have the right to cumulate compensation for the 
same problem under both legal acts. Passengers should not be concerned about how air 
carriers and tour operators allocate such claims between them. 

In order to improve levels of protection, passengers should not be denied boarding on 
the  return  journey  of  a  two-way  (return)  ticket  because  they  have  not  taken  the 
outward journey. 

At  present,  passengers  are  sometimes  penalised  for  spelling  errors  in  their  names  by 
the  application  of  punitive  administrative  fees.  Reasonable  corrections  of  booking 
errors should be provided free of charge provided they do not imply a change of times, 
date, itinerary or passenger. 

It  should  be  clarified  that  in  cases  of  cancellation  the  choice  between  receiving 
reimbursement,  continuation  of  travel  by  rerouting  or  travel  at  a  later  date  is  the 
decision of the passenger and not that of the air carrier. 

(10)  Airports and airport users such as air carriers and ground handling companies should 
cooperate  to  minimise  the  impact  of  multiple  flight  disruptions  on  passengers  by 
ensuring their care and rerouting. To this end, they should prepare contingency plans 
for such occurrences and work together in the development of such plans. 

(11)  Regulation (EC) No 261/2004 should explicitly include the right to compensation for 
passengers suffering long delays, in line with the judgement of the European Court of 
Justice in the Joined cases C-402/07 and C-432/07 (Sturgeon). At the same time, the 
thresholds above which delays give rise to a right to compensation should be increased 
to take account of the financial impact on the sector and to avoid any increase in the 
frequency of cancellations as a consequence. To ensure that citizens travelling within 
the  EU  face  homogenous  conditions  for  compensation,  the  threshold  should  be  the 

17 

OJ L158, 23.6.1990, p.59 

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12 

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same  for  all  travel  within  the  Union,  but it should depend upon the journey distance 
for travel to and from third countries to take into account the operational difficulties 
encountered by air carriers to deal with delays on remote airports. 

(12)  To ensure legal certainty, Regulation (EC) No 261/2004 should explicitly confirm that 
the changing of flight schedules has a similar impact on passengers to long delays and 
should therefore give rise to similar rights. 

(13)  Passengers missing a connecting flight should be properly cared for while waiting for 
rerouting. In line with the principle of equal treatment, such passengers should be able 
to  claim  compensation  on  a  similar  basis  to  passengers  whose  flights  are  delayed  or 
cancelled in light of the delay upon reaching the final destination of their journey. 

(14) 

In order to enhance passenger protection, it should be clarified that delayed passengers 
enjoy rights to care and compensation irrespective of whether they are waiting in the 
airport terminal or are already seated on board the aircraft. However, as the latter have 
no  access  to  the  services  available  in  the  terminal,  their  rights  should  be  reinforced 
with regard to basic needs and with regard to the right to disembark. 

(15)  Where a passenger has taken up the choice of rerouting at the earliest possibility, the 
air  carrier  often  makes  the  rerouting  conditional  upon  the  availability  of  seats  on  its 
own  services,  thereby  denying  their  passengers  the  option  of  being  rerouted  more 
quickly  by  alternative  services.  It  should  be  established  that  after  a  certain  period  of 
time has elapsed, the carrier should offer rerouting on another carrier's services or on 
other transport modes where this can speed up rerouting. Alternative rerouting should 
be dependent upon the availability of seats. 

(16)  Air  carriers  currently  face  unlimited  liability  for  the  accommodation  of  their 
passengers  in  the  case  of  extraordinary  circumstances  of  long  duration.  This 
uncertainty  linked  with  the  absence  of  any  foreseeable  limit  in  time  may  risk 
endangering  a  carrier's  financial  stability.  An  air  carrier  should  therefore  be  able  to 
limit  the  provision  of  care  after  a  certain  duration  of  time.  Moreover,  contingency 
planning and speedy rerouting should lessen the risk of passengers being stranded for 
long periods. 

(17)  The 

implementation  of  certain  passenger  rights, 

to 
accommodation,  has  been  shown  to  be  out  of  proportion  to  air  carriers'  revenues  for 
certain  small-scale  operations.  Flights  performed  by  small  aircraft  on  short  distances 
should therefore be exempted from the obligation to pay for accommodation, although 
the carrier should still help the passenger to find such accommodation. 

in  particular 

the  right 

(18)  For  disabled  persons,  persons  with  reduced  mobility  and  other  persons  with  special 
needs  such  as  unaccompanied  children,  pregnant  women  and  persons  in  need  of 
specific  medical  attention,  it  may  be  more  difficult  to  arrange  accommodation  when 
flight disruptions occur. Therefore, any limitations on the right for accommodation in 
cases  of  extraordinary  circumstances  or  for  regional  operations  should  not  apply  to 
these categories of passenger. 

(19)  The reasons behind the current level of long delays and cancelled flights in the EU are 
not attributable solely to air carriers. In order to incentivise all actors in the aviation 
chain  to  seek  efficient  and  timely  solutions  to  minimise  the  inconvenience  that  long 
delays and cancellations cause to passengers, air carriers should have the right to seek 
redress from any third party which contributed to the event triggering compensation or 
other obligations. 

EN 

13 

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(20)  Passengers should not only be correctly informed about their rights in cases of flight 
disruption,  but  they  should  also  be  adequately  informed  about  the  cause  of  the 
disruption  itself,  as  soon  as  the  information  becomes  available.  This  information 
should  also  be  provided  where  the  passenger  has  acquired  the  ticket  through  an 
intermediary established in the Union. 

(21) 

In  order  to  ensure  a  better  enforcement  of  passenger  rights,  the  role  of  the  National 
Enforcement Bodies should be more precisely defined and clearly distinguished from 
the handling of individual passenger complaints. 

(22)  Passengers  should  be  adequately  informed  about  the  relevant  procedures  for 
submitting  claims  and  complaints  to  air  carriers  and  should  receive  a  reply  within  a 
reasonable time period. Passengers should also have the option to complain about air 
carriers  via  out-of-court  measures.  However,  since  the  right  to  an  effective  remedy 
before  a  tribunal  is  a  fundamental  right  recognised  in  Article  47  of  the  Charter  of 
Fundamental Rights of the European Union, those measures should neither prevent nor 
hinder passengers' access to courts. 

(23) 

In  case  C-139/11  (Moré  vs  KLM),  the  European  Court  of  Justice  clarified  that  the 
time-limits  for  bringing  actions  for  compensation  are  determined  in  accordance  with 
the national rules of each Member State. 

(24)  A  regular  flow  of  information  between  the  Commission  and  enforcement  bodies 
would enable the Commission to better fulfil its monitoring and coordinating role of 
the national bodies and to support them. 

(25) 

In order to ensure uniform conditions for the implementation of Regulation (EC) No 
261/2004,  implementing  powers  should  be  conferred  to  the  Commission.  These 
powers should be exercised in accordance with Regulation (EC) No 182/2011 of the 
European  Parliament  and  of  the  Council  of  16  February  2011  laying  down  the  rules 
and general principles concerning mechanisms for control by the Member States of the 
Commission's exercise of implementing powers18. 

(26)  The  advisory  procedure  should  be  used  for  adopting  implementing  decisions  with 
regard  to  the  content  of  the  activity  reports  provided  by  the  Member  States  to  the 
Commission. 

(27) 

In order to ensure that the damage to or loss of mobility equipment is compensated to 
its full value, air carriers should offer free of charge to persons with reduced mobility 
the  opportunity  to  make  a  special  declaration  of  interest,  which  pursuant  to  the 
Montreal Convention, allows them to seek full compensation for loss or damage. 

(28)  Passengers  are  sometimes  confused  about  the  baggage  they  are  allowed  to  take  on 
board,  in  terms  of  dimensions,  weight  or  number  of  items.  In  order  to  ensure  that 
passengers are fully aware of the baggage allowances included in their ticket, both for 
cabin  and  hold  baggage,  air  carriers  should  clearly  indicate  these  allowances  at 
booking and at the airport. 

(29)  Musical  instruments  should  as  far  as  possible  be  accepted  as  baggage  within  the 
passenger cabin and, where this is not possible, should where possible be carried under 
the  appropriate  conditions  in  the  cargo  compartment  of  the  aircraft.  Regulation  (EC) 
No 2027/97 should be amended accordingly. 

18 

OJ L55, 28.2.2011, p.13 

EN 

14 

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(30) 

In  order  to  ensure  the  correct  and  consistent  application  of  the  rights  conferred  to 
passengers  by  Regulation  (EC)  No  2027/97,  the  National  Enforcement  Bodies 
designated under Regulation (EC) No 261/2004 should  also  monitor  and  enforce  the 
rights under Regulation (EC) No 2027/97. 

(31)  Given  the  short  deadlines  for  the  submission  of  complaints  for  lost,  damaged  or 
delayed  baggage,  air  carriers  should  give  passengers  the  possibility  to  submit  a 
complaint by providing a complaint form at the airport. This could also take the form 
of the common Property Irregularity Report (PIR). 

(32)  Article  3(2)  of  Regulation  (EC)  No  2027/9719  has  become  obsolete  as  insurance 
matters are now regulated by Regulation (EC) No 785/2004. It should accordingly be 
deleted. 

(33) 

(34) 

It  is  necessary  that  the  monetary  limits  expressed  in  Regulation  (EC)  No  2027/97 
should be amended in order to take into account economic developments, as reviewed 
by  the  International  Civil  Aviation  Organization  (ICAO)  in  2009  pursuant  to  Article 
24(2) of the Montreal Convention. 

In order to ensure the continued correspondence between Regulation (EC) No 2027/97 
and the Montreal Convention, the power to adopt acts in accordance with Article 290 
of  the  Treaty  on  the  Functioning  of  the  European  Union  should  be  delegated  to  the 
Commission.  This  power  will  allow  the  Commission  to  amend  the  monetary  limits 
expressed in Regulation (EC) No 2027/97 in case they are adapted by the International 
Civil  Aviation  Organization  (ICAO)  pursuant  to  Article  24(2)  of  the  Montreal 
Convention. 

(35)  This  Regulation  should  respect  fundamental  rights  and  observe  the  principles 
recognised in particular by the Charter of Fundamental Rights of the European Union, 
notably consumer protection, the right to protection of personal data, the prohibition of 
any form of discrimination and the integration of persons with disabilities, the right to 
an effective remedy and to a fair trial. 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulation 261/2004 is amended as follows: 

1. 

(a) 

Article 2 is amended as follows: 

The definition in point (c) is replaced by the following: 

'«Community air carrier» means an air carrier with a valid operating licence granted 
by  a  Member  State  in  accordance  with  the  provisions  of  Regulation  (EC)  No 
1008/2008 of 24 September 2008 on common rules for the operation of air services 
in the Community20.' 

(b) 

The definition in point (d) is replaced by the following: 

19 

20 

Regulation (EC) No 2027/97 of the Council of 9 October 1997 on air carrier liability in respect of the 
carriage of passengers and their baggage by air, OJ L 285, 17.10.1997, p.1p as modified by Regulation 
(EC)  No  889/2002  of  the  European  Parliament  and  of  the  Council  of  13  May  2002,  OJ  L  140, 
30.5.2002, p.2 
OJ L293, 31.10.2008, p. 3. 

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15 

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'«Organiser» means a person within the meaning of Article 2(2) of Council Directive 
90/314/EEC  of  13  June  1990  on  package  travel,  package  holidays  and  package 
tours21; 

(c) 

The definition in point(i) is replaced by the following: 

'«person  with  reduced  mobility»  means  any  person  as  defined  in  Article  2(a)  of 
Regulation (EC) No 1107/2006 concerning the rights of disabled persons and persons 
with reduced mobility when travelling by air22.' 

(d) 

The following sentence is added to the definition of "cancellation" in point (l): 

'A  flight  where  the  aircraft  took  off  but,  for  whatever  reason,  was  subsequently 
forced  to  land  at  an  airport  other  than  the  airport  of  destination  or  to  return  to  the 
airport of departure, shall be considered a cancelled flight.' 

(e) 

The following definitions are added:  

'(m)  «extraordinary circumstances» means circumstances which, by their nature or 
origin, are not inherent in the normal exercise of the activity of the air carrier 
concerned  and  are  beyond  its  actual  control.  For  the  purposes  of  this 
Regulation, extraordinary circumstances shall include the circumstances set out 
in the Annex; 

(n)  «flight»  means  an  air  transport  operation  between  two  airports;  intermediate 
stops  for  technical  and  operational  purposes  only  shall  not  be  taken  into 
consideration; 

(o)  «connecting flight» means a flight which, under a single contract of carriage, is 
intended to enable the passenger to arrive at a transfer point in order to depart 
on another flight, or, where appropriate in the context, means that other flight 
departing from the transfer point.  

(p) 

"journey" means a flight or a continued series of connecting flights transporting 
the passenger from an airport of departure to his final destination in accordance 
with the contract of carriage; 

(q)  «airport»  means  any  area  specifically  adapted  for  the  landing,  taking-off  and 
manoeuvring  of  aircraft,  including  the  ancillary  installations  which  these 
operations  may  involve  for  the  requirements  of  aircraft  traffic  and  services, 
including the installations needed to assist commercial air services; 

(r) 

(s) 

(t) 

«airport  managing  body»  means  a  body  which,  in  conjunction  with  other 
activities  or  not  as  the  case  may  be,  has  as  its  objective  under  national  laws, 
regulations  or  contracts  the  administration  and  management  of  the  airport  or 
airport network infrastructures and the coordination and control of the activities 
of the different operators present in the airports or airport network concerned; 

« ticket price" means the full price paid for a ticket and including the air fare, 
and all applicable taxes, charges, surcharges and fees paid for all optional and 
non-optional services included in the ticket; 

"flight  price"  means  the  value  obtained by multiplying the ticket price by the 
ratio between the distance of the flight and the total distance of the journey(s) 
covered by the ticket; 

21 
22 

OJ L158, 23.6.1990, p. 59 
OJ L204, 26.7.2006, p.1 

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16 

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(u)  «time  of  departure»  means  the  time  when  the  aircraft  leaves  the  departure 

stand, pushed back or on its own power (off-block time); 

(v)  «time of arrival» means the time when the aircraft reaches the arrival stand and 

the parking brakes are engaged (in-block time); 

(w)  «tarmac delay» means, at departure, the time the aircraft remains on the ground 
between  the  start  of  boarding  of  the  passengers  and  the  take-off  time  of  the 
aircraft or, at arrival, the time between the touch-down of the aircraft and the 
start of disembarkation of the passengers; 

(x) 

(y) 

"night" means the period between midnight and 6 a.m., 

"unaccompanied  child"  means  a  child  who  travels  without  an  accompanying 
parent or guardian and where the air carrier has accepted responsibility for care 
in accordance with its published rules.' 

2. 

(a) 

Article 3 is amended as follows: 

Paragraph 2 is replaced by the following: 

'Paragraph 1 shall apply on the condition that passengers: 

(a) have a confirmed reservation on the flight concerned and, except in the case of 
cancellation referred to in Article 5 and in the case of change of schedule referred to 
in Article 6, present themselves for boarding, 

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

or, if no time is indicated, 

- not later than 45 minutes before the scheduled departure time; or 

(b) have been transferred by an air carrier or organiser from the flight for which they 
held a reservation to another flight, irrespective of the reason.' 

(b) 

Paragraph 4 is replaced by the following: 

'4. Without prejudice to Article 8(6), this Regulation shall only apply to passengers 
transported by motorised fixed wing aircraft. However, where a part of the journey is 
carried out, in accordance with a contract of carriage, by another mode of transport or 
by helicopter, this Regulation shall apply for the whole journey and  the part  of the 
journey carried out by another mode of transport shall be considered as a connecting 
flight for the purposes of this Regulation.' 

(c) 

Paragraph 6 is replaced by the following: 

'6. This Regulation shall also apply to  passengers transported according to package 
travel contracts but shall not affect the rights of passengers under Council Directive 
90/314/EEC. The passenger shall be entitled to present claims under this Regulation 
and under Council Directive 90/314/EEC, but may not in relation to the same facts 
cumulate rights under both legal acts if the rights safeguard the same interest or have 
the same objective. This Regulation shall not apply in cases where a package tour is 
cancelled or delayed for reasons other than cancellation or delay of the flight.' 

3. 

(a) 

Article 4 is amended as follows: 

Paragraph 3 is replaced by the following: 

EN 

17 

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'3. If boarding is denied to passengers against their will, the operating air carrier shall 
immediately  compensate  them  in  accordance  with  Article  7  and  assist  them  in 
accordance  with  Article  8.  Where  the  passenger  opts  for  rerouting  at  the  earliest 
opportunity pursuant to Article 8(1)(b) and where the departure time is at least two 
hours after the initial departure time, the operating carrier shall assist the passenger 
in accordance with Article 9.' 

(b) 

The following two paragraphs are added: 

'4.  Paragraphs  1,  2  and  3  shall  also  apply  to  return  tickets  where  the  passenger  is 
denied  boarding  at  the  return  journey  on  the  grounds  that  he/she  did  not  take  the 
outward journey or did not pay an additional charge for this purpose. 

5. Where the passenger, or an intermediary acting on behalf of the passenger, reports 
a  spelling  mistake  in  the  name  of  one  or  several  passengers  included  in  the  same 
contract of carriage that may lead to a denial of boarding, the air carrier shall correct 
this at least once up until 48 hours before departure without any additional charge to 
the  passenger  or  the  intermediary,  except  where  it  is  prevented  from  doing  so  by 
national or international law.' 

4. 

(a) 

Article 5 is amended as follows: 

Paragraph 1, points (a) and (b) are replaced by the following: 

'(a)  be  offered  by  the  operating  air  carrier  the  choice  between  reimbursement, 
continuation of their travel by rerouting or travel at a later date, in accordance with 
Article 8; and 

'(b)  be  offered  by  the  operating  air  carrier  in  the  event  of  re-routing  when  the 
reasonably  expected  time  of  departure  of  the  flight  is  at  least  2  hours  after  the 
planned departure of the cancelled flight, the care specified in Article 9 and' 

(b) 

Paragraph 3 is replaced by the following: 

'3. An operating air carrier shall not be obliged to pay compensation in accordance 
with  Article  7  if  it  can  prove  that  the  cancellation  is  caused  by  extraordinary 
circumstances  and  that  the  cancellation  could  not  have  been  avoided  even  if  all 
reasonable measures had been taken. Such extraordinary circumstances can only be 
invoked in so far they affect the flight concerned or the previous flight operated by 
the same aircraft. ' 

(c) 

The following paragraph 5 is added: 

'5. At airports whose annual traffic has been not less than three  million passengers 
for at least three consecutive years, the airport managing body shall ensure that the 
operations  of  the  airport  and  of  airport  users,  in  particular  the  air  carriers  and  the 
suppliers of ground handling services, are coordinated through a proper contingency 
plan in view of possible situations of multiple cancellations and/or delays of flights 
leading to a considerable number of passengers stranded at the airport, including in 
cases  of  airline  insolvency  or  revocation  of  the  operating  licence.  The  contingency 
plan  shall  be  set  up  to  ensure  adequate  information  and  assistance  to  the  stranded 
passengers.  The  managing  body  of  the  airport  shall  communicate  the  contingency 
plan  and  any  amendments  to  it  to  the  National  Enforcement  Body  designated 
pursuant to Article 16. At airports below the above-mentioned threshold, the airport 
management body shall make all reasonable efforts to coordinate airport users and to 
assist and inform stranded passengers in such situations. 

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5. 

Article 6 is replaced by the following: 

‘Article 6 

Long delay 

1.  When an operating air carrier reasonably expects a flight to be delayed, or an 
operating  carrier  postpones  the  scheduled  time  of  departure,  beyond  its  originally 
scheduled time of departure, passengers shall be offered by the operating air carrier: 

(i)  when  the  delay  is  of  at  least  two  hours,  the  assistance  specified  in  Article 
9(1)(a) and 9(2); and 

(ii)  when the delay is of at least five hours and includes one or several nights, the 
assistance specified in Article 9(1)(b) and 9(1)(c); and 

(iii)  when  the  delay  is  of  at  least  five  hours,  the  assistance  specified  in  Article 
8(1)(a). 

Passengers shall have a right to compensation from the operating air carrier in 

2. 
accordance with Article 7 where the passenger arrives at its final destination: 

(a)  five  hours  or  more  after  the  scheduled  time  of  arrival  for  all  intra-Community 
journeys and for journeys to/from third countries of 3500 kilometres or less; 

(b) nine hours or more after the scheduled time of arrival for journeys to/from third 
countries between 3500 and 6000 kilometres; 

(c) twelve hours or more after the scheduled time of arrival for journeys to/from third 
countries of 6000 kilometres or more. 

3. 
Paragraph  2  shall  also  apply  where  the  operating  air  carrier  has  modified  the 
scheduled  times  of  departure  and  arrival  causing  a  delay  compared  to  the  time  of 
arrival  of  the  original  schedule,  unless  the  passenger  was  informed  of  the  schedule 
change  more  than  fifteen  days  in  advance  of  the  originally  scheduled  time  of 
departure. 

An  operating  air  carrier  shall  not  be  obliged  to  pay  compensation  in 
4. 
accordance  with  Article  7,  if  it  can  prove  that  the  delay  or  change  of  schedule  is 
caused  by  extraordinary  circumstances  and  that  the  delay  or  change  of  schedule 
could  not  have  been avoided  even  if all reasonable measures had been taken. Such 
extraordinary  circumstances  can  only  be  invoked  insofar  they  affect  the  flight 
concerned or the previous flight operated by the same aircraft. 

5. 
Subject  to  safety  constraints,  where  a  tarmac  delay  exceeds  one  hour,  the 
operating  air  carrier  shall  provide  free  of  charge  access  to  toilet  facilities  and 
drinking water, shall ensure adequate heating or cooling of the passenger cabin, and 
shall  ensure  that  adequate  medical  attention  is  available  if  needed.  Where  a  tarmac 
delay reaches a maximum of five hours, the aircraft shall return to the gate or another 
suitable disembarkation point where passengers shall be allowed to disembark and to 
benefit from the same assistance as specified in paragraph 1, unless there are safety-
related  or  security-related  reasons  why  the  aircraft  cannot  leave  its  position  on  the 
tarmac.' 

6. 

The following Article is inserted: 

‘Article 6a 

Missed connecting flight 

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19 

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1.  Where a passenger misses a connecting flight as a result of a delay or change 
of  schedule  to  a  preceding  flight,  the  Community  air  carrier  operating  the  onward 
connecting flight shall offer the passenger: 

(i) the assistance specified in Article 9(1)(a) and 9(2) if the passenger's waiting time 
for the connection is prolonged by at least two hours; and 

(ii) re-routing as specified in Article 8(1)(b); and 

(iii) when the scheduled time of departure of the alternative flight or other transport 
offered under Article 8 is at least 5 hours after the scheduled time of departure of the 
flight missed and the delay includes one or several nights, the assistance specified in 
Article 9(1)(b) and 9(1)(c). 

2.  Where  a  passenger  misses  a  connecting  flight  as  a  result  of  a  delay  to  a 
preceding connecting flight, the passenger shall have a right to compensation by the 
Community  air  carrier  operating  that  preceding  flight  in  accordance  with  Article 
6(2). For these purposes, the delay shall be calculated by reference to the scheduled 
time of arrival at the final destination. 

3.  Paragraph  2  shall  be  without  prejudice  to  any  indemnity  arrangements  made 
between affected air carriers. 

4. Paragraphs 1 and 2 apply also to third country air carriers operating a connecting 
flight to or from an EU airport.' 

7. 

(a) 

(b) 

Article 7 is amended as follows: 

In Paragraph 1, the word "flights" is replaced by "journeys". 

Paragraphs 2, 3 and 4 are replaced by the following: 

2.  Where  the  passenger  has  opted  for  the  continuation  of  his  travel  pursuant  to 
Article 8(1)(b), the right to compensation can arise only once during his travel to the 
final destination, even if a new cancellation or missed connection should arise during 
rerouting. 

3. The compensation referred to in paragraph 1 shall be paid  in cash,  by electronic 
bank transfer, bank orders or bank cheques.  

4.  The  distances  given  in  paragraph  1  shall  be  measured  by  the  great  circle  route 
method. 

5. The air carrier may reach a voluntary agreement with the passenger that replaces 
the compensation provisions set out in paragraph 1, provided that this agreement is 
confirmed  by  a  document  signed  by  the  passenger  which  reminds  the  passenger  of 
his rights to compensation under this Regulation.' 

8. 

Article 8 is replaced by the following: 

‘Article 8 

Right to reimbursement or re-routing 

1.  Where  reference  is  made  to  this  Article,  passengers  shall  be  offered,  free  of 
charge, the choice between three options: 

(a) 
-  reimbursement  within  seven  days  of  the  passenger's  request,  by  the  means 
provided for in Article 7(3), of the flight price, for the part or parts of the journey not 
made,  and  for  the  part  or  parts  already  made  if  the  flight  is  no  longer  serving  any 

EN 

20 

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purpose  in  relation  to  the  passenger's  original  travel  plan,  together  with,  when 
relevant, 

- a return flight to the first point of departure, at the earliest opportunity; 

(b) 
continuation  of  the  passengers'  travel  plans  by  re-routing  them,  under 
comparable transport conditions, to their final destination at the earliest opportunity; 
or 

re-routing, under comparable transport conditions, to their final destination at a 

(c) 
later date at the passenger's convenience, subject to availability of seats. 

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

3 If an operating air carrier offers a passenger a flight to or from an airport alternative 
to  that  for  which  the  reservation  was  made,  the  operating  air  carrier  shall  bear  the 
cost  of  transferring the  passenger from that alternative airport to that for which the 
reservation  was  made,  or,  with  regard  to  the  destination  airport,  to  another 
neighbouring destination agreed with the passenger. 

4. Where agreed by the passenger, the return flight or flights referred to in paragraph 
1(a) or the re-routing referred to in paragraph 1(b) or 1(c) may use services operated 
by another air carrier, involve a different routing, or use another mode of transport. 

5.  Where  passengers  choose  the  option  referred  to  in  paragraph  1(b),  they  shall, 
subject to availability, have the right to re-routing via another air carrier or another 
mode of transport where the operating air carrier cannot transport the passenger on 
its own services and in time to arrive at the final destination within 12 hours of the 
scheduled  arrival  time.  Notwithstanding  Article  22(1)  of  Regulation  (EC)  No 
1008/200823,  the  other  air  carrier  or  other  transport  operator  shall  not  charge  the 
contracting  carrier  a  price  that  goes  beyond  the  average  price  paid  by  its  own 
passengers for equivalent services in the last three months. 

6.  Whenever  passengers  are  offered,  pursuant  to  paragraph  1,  a  total  or  partial 
rerouting  by  another  mode  of  transport,  this  Regulation  shall  apply  to  the  transport 
carried  out  by  that  other  mode  of  transport  as  if  it  were  carried  out  by  fixed  wing 
aircraft.' 

9. 

(a) 

Article 9 is amended as follows: 

Paragraph 1, point c is replaced by the following: 

'(c)  transport  between  the  airport  and  place  of  accommodation  (hotel,  place  of 
residence of the passenger or other)' 

(b) 

The following paragraphs are added: 

'4.  If  the  operating  air  carrier  can  prove  that  the  cancellation,  delay  or  change  of 
schedule is caused by extraordinary circumstances and that the cancellation, delay or 
change of schedule could not have been avoided even if all reasonable measures had 
been  taken,  it  may  limit  the  total  cost  of  accommodation  provided  according  to 
paragraph  1(b)  to  EUR  100  per  night  and  per  passenger  and  to  a  maximum  of  3 
nights.  If  the  operating  air  carrier  chooses  to  apply  this  limitation,  it  shall 
available 
nevertheless  provide 

the  passengers  with 

information 

about 

23 

OJ L293, 31.10.2008, p.3 

EN 

21 

   EN 

                                                 
accommodation  after  the  three  nights,  in  addition  to  the  continued  obligations  for 
information specified in Article 14. 

5. The obligation to offer accommodation under paragraph 1(b) shall not apply where 
the flight concerned is of 250 km or less and scheduled to be operated by an aircraft 
with a maximum capacity of 80 seats or less, except where the flight is a connecting 
flight.  If  the  operating  air  carrier  chooses  to  apply  this  exemption,  it  shall 
nevertheless  provide 
available 
accommodation. 

the  passengers  with 

information 

about 

6. Where a passenger opts for reimbursement pursuant to Article 8(1)(a) while being 
at the departure airport of his journey, or opts for rerouting at a later date pursuant to 
Article 8(1)(c), the passenger shall have no further rights with regard to care under 
Article 9(1) in relation to the relevant flight.' 

10. 

In paragraph 2, points (a), (b) and (c) of Article  10,  the  term  'price  of  the  ticket'  is 
replaced by 'flight price'. 

11. 

The following paragraph is added to Article 11: 

'3. The operating air carrier shall not apply the limitations set out in Articles 9(4) and 
9(5) if the passenger is a person with reduced mobility or any person accompanying 
him/her, an unaccompanied child, a pregnant woman or a person in need of specific 
medical assistance, on condition the air carrier or its agent or the organiser has been 
notified of their particular needs for assistance at least 48 hours before the scheduled 
time of departure of the flight, Such notification shall be deemed to cover the entire 
journey and the return journey if both journeys have been contracted with the same 
air carrier.' 

12. 

Article 13 is replaced by the following: 

‘Article 13 

Right of redress 

In  cases  where  an  operating  air  carrier  pays  compensation  or  meets  the  other 
obligations incumbent on it under this Regulation, no provision of this Regulation or 
of national law may be interpreted as restricting its right to seek compensation for the 
costs incurred under this Regulation from any third parties which contributed to the 
event triggering compensation or other obligations.' 

13. 

Article 14 is replaced by the following: 

‘Article 14 

Obligations to inform passengers 

1.  The  airport  managing  body  and  the  operating  air  carrier  shall  ensure  that  at  the 
check-in  desks  (including  at  self-service  check-in  machines)  and  at  the  boarding 
gate, a clearly legible notice containing the  following text is displayed in a manner 
clearly  visible  to  passengers:  «If  you  are  denied  boarding  or  if  your  flight  is 
cancelled or delayed for at least two hours, ask at the check-in counter or boarding 
gate  for  the  notice  stating  your  rights,  particularly  with  regard  to  assistance  and 
possible compensation». 

2. An operating air carrier denying boarding or cancelling a flight shall provide each 
passenger  affected  with  a  written  notice  setting  out  the  rules  for  compensation  and 
assistance in line with this Regulation, including information on possible limitations 

EN 

22 

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pursuant to Articles 9(4) and 9(5). It shall also provide each passenger affected by a 
delay  or  a  change  of  schedule  of  at  least  two  hours  with  an  equivalent  notice.  The 
contact details of the competent complaint handling bodies designated under Article 
16a shall also be given to the passenger in written form. 

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

4.  The  airport  managing  body  shall  ensure  that  general  information  on  passenger 
rights  is  clearly  and  visibly  displayed  within  the  passenger  areas  of  the  airport.  It 
shall  also  ensure  that  passengers  present  at  the  airport  are  informed  about  the 
cancellation  of  their  flight  and  about  their  rights  in  case  the  airline  unexpectedly 
ceases operations as in the case of insolvency or revocation of its operating licence. 

5. In the event of cancellation or delay in departure, passengers shall be informed by 
the operating air carrier of the situation as soon as possible and in any event no later 
than  30  minutes  after  the  scheduled  departure  time,  and  of  the  estimated  departure 
time as soon as this information is available, provided the air carrier has received the 
passenger's contact details in accordance with paragraphs 6 and 7 in case the ticket 
was acquired via an intermediary. 

6.  Where  the  passenger  does  not  acquire  a  ticket  directly  from  the  operating  air 
carrier, but via an intermediary established within the Union, this intermediary shall 
provide  the  passenger's  contact  details  to  the  air  carrier,  on  condition  that  the 
passenger  has  given  his  explicit  and  written  authorisation.  This  authorisation  may 
only  be  given  on  an  "opt-in"  basis.  The  air  carrier  may  use  these  contact  details 
exclusively for the purpose of fulfilling the information obligation under this Article 
and not for marketing purposes and shall delete the contact details within  72 hours 
after the completion of the contract of carriage. The processing, access and storage of 
these  data  shall  be  undertaken  in  accordance  with  Directive  95/46/EC  of  the 
European Parliament and of the Council on the protection of individuals with regard 
to the processing of personal data and on the free movement of such data24.  

7. An intermediary shall be exempted from paragraph 6 if it can prove the existence 
of  an  alternative  system  that  ensures  that  the  passenger  is  informed  without  the 
transmission of the relevant contact details.' 

14. 

Article 16 is replaced by the following: 

‘Article 16 

Enforcement 

1. Each Member State shall designate a National Enforcement Body responsible for 
the  enforcement  of  this  Regulation  as  regards  flights  from  airports  situated  on  its 
territory and flights from a third country to such airports. The Member States shall 
inform the Commission of the body that has been designated in accordance with this 
paragraph. 

2.  The  National  Enforcement  Body  shall  closely  monitor  compliance  with  the 
requirements  of  this  Regulation  and  take  the  measures  necessary  to  ensure  that  the 
rights of passengers are respected. For this purpose, air carriers and airport managing 
bodies shall provide the relevant documents to the National Enforcement Body at its 
request. In order to carry out its functions, the National Enforcement Body shall also 

24 

OJ L 281, 23.11.1995, p.31 

EN 

23 

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take account of the information submitted to it by the body designated under Article 
16a.  It  may  also  decide  on  enforcement  actions  based  on  individual  complaints 
transmitted by the body designated under Article 16a. 

3.  The  sanctions  laid  down  by  Member  States  for  infringements  of  this  Regulation 
shall be effective, proportionate and dissuasive. 

4.  Where  the  bodies  designated  under  Articles  16  and  16a  differ,  reporting 
mechanisms  shall  be  set  up  to  ensure  the  exchange  of  information  between  the 
various bodies in order to help the National Enforcement Body to carry out its tasks 
of  supervision  and  enforcement  and  for  the  body  designated  under  Article  16a  to 
collect the information necessary to examine individual complaints. 

5. For each year, at the latest at the end of April of the following calendar year, the 
National  Enforcement  Bodies  shall  publish  statistics  on  their  activity,  including  on 
sanctions applied. 

6.  Air  carriers  shall  communicate  their  contact  details,  for  matters  covered  by  this 
Regulation, to the National Enforcement Bodies of the Member States in which they 
operate.' 

15. 

The following Articles are inserted: 

‘Article 16a 

Passenger claims and complaints 

1. At the time of reservation, air carriers shall provide information to passengers on 
their claim and complaint handling processes in relation to the rights set out in this 
Regulation  and  on  the  relevant  contact  addresses,  to  which  passengers  can  submit 
claims  and  complaints,  including  via  electronic  means  of  transmission.  The  air 
carrier  shall  also  inform  passengers  of  the  body  or  bodies  competent  for  handling 
passenger complaints. 

2. If a passenger wants to make a complaint to the air carrier with regard to his rights 
under this Regulation, he shall submit it within 3 months from the date on which the 
flight was performed or was scheduled to be performed. Within 7 days of receiving 
the complaint, the carrier shall confirm the receipt of the complaint to the passenger. 
Within two months of receiving the complaint, the carrier shall provide a full answer 
to the passenger.  

3.  In  accordance  with  relevant  EU  and  national  law,  each  Member  State  shall 
designate  a  national  body  or  bodies  responsible  for  the  out-of-court  resolution  of 
disputes between air carriers and passengers with regard to the rights covered by this 
Regulation. 

4. Each passenger may complain to any national body designated under paragraph 3, 
about  an  alleged  infringement  of  this  Regulation  at  any  airport  situated  on  the 
territory  of  a  Member  State  or  concerning  any  flight  from  a  third  country  to  an 
airport  situated  on  that  territory.  Such  complaints  may  be  submitted  at  the  earliest 
two  months  after  a  complaint  was  submitted  to  the  concerned  carrier  unless  the 
carrier has already provided a final reply to such complaint. 

5.  Within  7  days  of  receiving  the  complaint,  the  designated  body  shall  confirm 
receipt  of  the  complaint  and  shall  send  a  copy  to  the  appropriate  National 
Enforcement Body. The time taken to provide the final reply to the complainant shall 

EN 

24 

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not be longer than three months from the receipt of the complaint. A copy of the final 
reply shall also be provided to the National Enforcement Body. 

Article 16b 

Cooperation between Member States and the Commission 

1.  The  Commission  shall  support  dialogue  between  Member  States  concerning 
national  interpretation  and  application  of  this  Regulation  through  the  Committee 
referred to in Article 16c. 

2.  Member  States  shall  provide  annually  a  report  on  their  activities  to  the 
Commission,  at  the  latest  at  the  end  of  April  of  the  following  calendar  year.  The 
Commission  may  decide  on  the  issues  to  be  addressed  in  these  reports  via 
implementing acts. Those implementing acts shall be adopted in accordance with the 
procedure referred to in Article 16c. 

3.  The  Member  States  shall  regularly  send  relevant  information  concerning  the 
national  interpretation  and  application  of  the  Regulation  to  the  Commission,  which 
will make this information available in electronic form to other Member States. 

4. At the request of a Member State, or on its own initiative, the Commission shall 
examine  cases  where  differences  in  the  application  and  enforcement  of  any  of  the 
provisions  of  this  Regulation  arise  and  particularly  concerning  the  interpretation  of 
extraordinary circumstances; and shall clarify the provisions of the Regulation, with 
a view to promoting a common approach. To this end, the Commission may adopt a 
recommendation after consultation of the Committee referred to in Article 16c. 

5.  At  the  request  of  the  Commission,  the  National  Enforcement  Bodies  shall 
investigate  specific  suspected  practice  by  one  or  several  air  carriers  and  report  its 
findings to the Commission within 4 months of the request. 

Article 16c 

Committee procedure 

1. The Commission shall be assisted by the Passenger Rights Committee, composed 
of two representatives of each Member State and of which at least one will represent 
a  National  Enforcement  Body.  That  committee  shall  be  a  committee  within  the 
meaning of Regulation (EU) No 182/2011.  

2.  Where  reference  is  made  to  this  paragraph,  Article  4  of  Regulation  (EU)  No 
182/2011 shall apply. 

16. 

Article 17 is replaced by the following: 

‘Article 17 

Report 

The  Commission  shall  report  to  the  European  Parliament  and  the  Council  by  1 
January 2017 on  the operation and the results of this Regulation,  in  particular with 
regard  to  the  impact  of  the  compensation  for  long  delays  and  the  limitation  of 
accommodation  in  extraordinary  circumstances  of  long  duration.  The  Commission 
shall  also  report  on  the  enhanced  protection  of  air  passengers  on  flights  from  third 
countries  operated  by  non-Community  carriers,  in  the  context  of  international  air 
transport  agreements.  The  report  shall  be  accompanied  where  necessary  by 
legislative proposals. 

17. 

Annex 1 to this Regulation is added as Annex 1 to Regulation 261/2004. 

EN 

25 

   EN 

Regulation (EC) No 2027/97 is amended as follows: 

1. 

Paragraph 2 of Article 3 is replaced by the following: 

Article 2 

'2.  The  Community  air  carrier  shall  provide  a  complaint  form  at  the  airport  which 
allows  the  passenger  to  immediately  submit  such  a  complaint  about  damaged  or 
delayed  baggage.  Such  a  complaint  form,  which  may  take  the  form  of  a  Property 
Irregularity  Report  (PIR),  shall  be  accepted  by  the  air  carrier  at  the  airport  as  a 
complaint  pursuant  to  Article  31(2)  of  the  Montreal  Convention.  This  possibility 
shall  not  affect  the  right  of  the  passenger  to  submit  a  complaint  via  other  means 
within the deadlines given by the Montreal Convention.' 

2. 

Paragraph 2 of Article 5 is replaced by the following: 

'2. Without prejudice to paragraph 1, an advance payment shall not be less than the 
equivalent  in  euro  of  18  096  SDRs  per  passenger  in  the  event  of  death.  'The 
Commission  shall  be  empowered,  by  means  of  a  delegated  act  in  accordance  with 
Article  6c,  to  adjust  this  amount  in  light  of  a  decision  by  the  International  Civil 
Aviation  Organisation  pursuant  to  Article  24(2)  of  the  Montreal  Convention.  Any 
adjustment  in  the  before  mentioned  amount  shall  also  modify  the  corresponding 
amount in the Annex.' 

3. 

The following sentence is added to Article 6(1): 

'The  Commission  shall  be  empowered,  by  means  of  a  delegated  act  in  accordance 
with Article 6c, to adjust the amounts mentioned in the Annex, with the exception of 
the amount mentioned in Article 5(2), in light of a decision by the International Civil 
Aviation Organization pursuant to Article 24(2) of the Montreal Convention.' 

4. 

The following Articles are inserted: 

‘Article 6a 

1. Whenever carrying checked wheelchairs or other mobility equipment or assistive 
devices, the air carrier and its agents shall offer each person with reduced mobility as 
defined in Article 2(a) of Regulation (EC) No 1107/200625 the option to make, free 
of charge, a special declaration of interest pursuant to Article 22(2) of the Montreal 
Convention, at booking and at the latest when the equipment is handed to the carrier.  

2. In case  of  destruction, loss of  or  damage  to  mobility  aids,  the  liability  of  the  air 
carrier  shall  be  limited  to  the  sum  declared  by  the  person  at  the  time  when  the 
checked mobility equipment is handed over to the Community air carrier. 

3.  In  case  of  destruction,  loss,  damage  or  delay  in  the  carriage  of  checked 
wheelchairs  or  other  mobility  equipment  or  assistive  devices,  the  Community  air 
carrier shall be liable to pay a sum not exceeding the sum declared by the passenger; 
unless  it  proves  that  the  sum  claimed  is  greater  than  the  person's  actual  interest  in 
delivery at destination. 

Article 6b 

25 

Regulation  (EC)  No  1107/2006  of  the  European  Parliament  and  of  the  Council  of  5  July  2006 
concerning the rights of disabled persons and persons with reduced mobility when travelling by air, OJ 
L 204, 26.7.2006, p.1 

EN 

26 

   EN 

                                                 
1.  The  National  Enforcement  Body  designated  under  Article  16  of  Regulation 
261/2004  shall  ensure  compliance  with  this  Regulation.  For  this  purpose,  it  shall 
monitor: 

- the terms and conditions of air transport contracts;  

-  the  systematic  offer  of  a  special  declaration  of  interest  for  checked  mobility 
equipment, and of an appropriate level of compensation in case of damage caused to 
mobility equipment;  

- the payment of an advance payment under Article 5(1) when applicable; 

- the application of Article 6. 

2. For the purpose of monitoring the protection of passengers with reduced mobility 
and disabled passengers in case of damage to their mobility equipment, the National 
Enforcement  Body  shall  also  examine  and  take  account  of  the  information  on 
complaints concerning mobility equipment submitted to the bodies designated under 
Article 16a of Regulation 261/2004. 

3.  The  sanctions  laid  down  by  Member  States  for  infringements  of  this  Regulation 
shall be effective, proportionate and dissuasive. 

4.  In  their  annual  reports  pursuant  to  Article  16(6)  of  Regulation  261/2004,  the 
National Enforcement Bodies shall also publish statistics on their activity and on the 
sanctions applied with regard to the application of this Regulation. 

Article 6c 

1. The power to adopt delegated acts is conferred on the Commission subject to the 
conditions laid down in this Article. 

2.  The  delegation  of  power  referred  to  in  Article  6(1)  shall  be  conferred  on  the 
Commission for an indeterminate period of time from the date of entry into force of 
this Regulation.  

3. The delegation of power referred to in Article 6(1) may be revoked at any time by 
the European Parliament or by the Council. A decision of revocation shall put an end 
to the delegation of the power specified in that decision. It shall take effect the day 
following  the  publication  of  the  decision  in  the  Official  Journal  of  the  European 
Union  or  at  a  later  date  specified  therein.  It  shall  not  affect  the  validity  of  any 
delegated acts already in force.  

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously 
to the European Parliament and to the Council. 

5. A delegated act adopted pursuant to Article 6(1) shall enter into force only if no 
objection  has  been  expressed  either  by  the  European  Parliament  or  the  Council 
within a period of 2 months of notification of that act to the European Parliament and 
the Council or if, before the expiry of that period, the European Parliament and the 
Council  have  both  informed  the  Commission  that  they  will  not  object.  That  period 
shall be extended by two months at the initiative of the European Parliament or the 
Council.' 

Article 6d 

1. Whilst air carriers have full commercial freedom to establish the conditions under 
which they permit baggage to be carried, they shall clearly indicate, at booking and 
at  the  check-in  desks  (including  at  self-service  check-in  machines),  the  maximum 

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baggage allowance passengers are permitted to carry within the cabin and hold of the 
aircraft on each of the flights included within a passenger's reservation, including any 
restrictions on the number of items that would be applied within a given maximum 
baggage allowance. Where additional charges are applied for the carriage of baggage 
air carriers shall clearly indicate details of those charges at booking and on request at 
the airport. 

2.  Where  extraordinary  circumstances,  such  as  safety  reasons  or  a  change  of  the 
aircraft type since the booking was made, preclude the carriage in the cabin of items 
included  in  the  carry-on  baggage  allowance,  the  air  carrier  may  carry  them  in  the 
hold of the aircraft, but at no extra cost to the passenger. 

3. These rights do not affect the restrictions on carry-on baggage established by EU 
and international security rules such as Regulations (EC) No 300/2008 and (EC) No 
820/2008 

Article 6e 

1. A Community air carrier shall permit a passenger to carry a musical instrument in 
the passenger cabin of an aircraft subject to applicable safety rules and the technical 
specifications and constraints of the aircraft concerned. Musical instruments shall be 
accepted  for  carriage  within  an  aircraft  cabin  provided  such  instruments  can  be 
stowed  safely  in  a  suitable  baggage  compartment  within  the  cabin  or  under  an 
appropriate  passenger  seat.  An  air  carrier  may  determine  that  a  musical  instrument 
shall  form  part  of  a  passenger's  hand  luggage  allowance  and  not  be  carried  in 
addition to that allowance. 

2. Where a musical instrument is too large to be stowed safely in a suitable baggage 
compartment within the cabin or under an appropriate passenger seat, an air carrier 
may request the payment of a second fare where such musical instruments are carried 
as  hand  luggage  on  a  second  seat.  Where  a  second  seat  is  purchased  an  air  carrier 
should  make  reasonable  efforts  to  seat  the  passenger  and  the  musical  instrument 
concerned  together.  Where  available  and  if  requested,  musical  instruments  shall  be 
carried  in  a  heated  part  of  an  aircraft  cargo  hold  subject  to  applicable  safety  rules, 
space  constraints  and  the  technical  specifications  of  the  aircraft  concerned.  An  air 
carrier  shall  clearly  indicate  in  its  terms  and  conditions  the  basis  on  upon  which 
musical instruments will be transported and the applicable charges.' 

5. 

Article 7 is replaced by the following: 

‘Article 7 

The  Commission  shall  report  to  the  European  Parliament  and  the  Council  by  1 
January 2017 on the operation and the results of this Regulation. The report shall be 
accompanied where necessary by legislative proposals.'  

6. 

The Annex to Regulation 2027/97 is replaced by Annex 2 to the present Regulation. 

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

Article 3 

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

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Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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Annex 1 

'Annex:  non-exhaustive 
circumstances for the purposes of this Regulation 

list  of  circumstances  considered  as  extraordinary 

1. The following circumstances shall be considered as extraordinary: 

i. natural disasters rendering impossible the safe operation of the flight; 

ii. technical problems which are not inherent in the normal operation of the aircraft, 
such as the identification of a defect during the flight operation concerned and which 
prevents the normal continuation of the operation; or a hidden manufacturing defect 
revealed by the manufacturer or a competent authority and which impinges on flight 
safety; 

iii.  security  risks,  acts  of  sabotage  or  terrorism  rendering  impossible  the  safe 
operation of the flight; 

iv. life-threatening health risks or medical emergencies necessitating the interruption 
or deviation of the flight concerned; 

v. air traffic management restrictions or closure of airspace or an airport; 

vi. meteorological conditions incompatible with flight safety; and 

vii. labour disputes at the operating air carrier or at essential service providers such 
as airports and Air Navigation Service Providers. 

2. The following circumstances shall not be considered as extraordinary: 

i.  technical  problems  inherent  in  the  normal  operation  of  the  aircraft,  such  as  a 
problem identified during the routine maintenance or during the pre-flight check of 
the aircraft or which arises due to failure to correctly carry out such maintenance or 
pre-flight check; and 

ii. unavailability of flight crew or cabin crew (unless caused by labour disputes). 

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Annex 2 

'ANNEX 

AIR CARRIER LIABILITY FOR PASSENGERS AND THEIR BAGGAGE 

This  information  notice  summarises  the  liability  rules  applied  by  Community  air  carriers  as 
required by EU legislation and the Montreal Convention. 

COMPENSATION IN THE CASE OF DEATH OR INJURY 

There  are  no  financial  limits  to  the  liability  for  passenger  injury  or  death  caused  by  an 
accident  on  board  the  aircraft  or  during  any  of  the  operations  of  embarkation  and 
disembarkation.  For  damages  up  to  113,100  SDRs  (approximate  amount  in  local  currency), 
the carrier cannot exclude or limit its liability. Above that amount, the air carrier is not liable 
if it proves that it was not negligent or otherwise at fault, or that the damage was solely due to 
the negligence or other fault of a third party. 

ADVANCE PAYMENTS 

If  a  passenger  is  killed  or  injured,  the  air  carrier  must  make  an  advance  payment,  to  cover 
immediate  economic  needs,  within  15  days  from  the  identification  of  the  person  entitled  to 
compensation. In the event of death, this advance payment shall not be less than 18 096 SDRs 
(approximate amount in local currency). 

PASSENGER DELAYS 

In  case  of  passenger  delay,  the  air  carrier  is  liable  for  damage  unless  it  took  all  reasonable 
measures  to  avoid  the  damage  or  it  was  impossible  to  take  such  measures.  The  liability  for 
passenger delay is limited to 4 694 SDRs (approximate amount in local currency). 

BAGGAGE LOSS, DAMAGE OR DELAY 

In case of baggage loss, damage or delay, the air carrier is liable for damage up to 1 113 SDRs 
(approximate  amount  in  local  currency),  the  compensation  limit  being  applicable  per 
passenger and not per piece of checked baggage, unless a higher limit has been agreed upon 
between the carrier and the passenger through a special declaration of interest. For damaged 
or  lost  baggage,  the  air  carrier  is  not  liable  if  the  damage  or  loss  is  caused  by  an  inherent 
quality or defect of the baggage. For delayed baggage, the air carrier shall not be liable when 
it  has  taken  all  reasonable  measures  to  avoid  the  damage  resulting  from  the  delay  of  the 
baggage or when it was impossible to take such measures. In case of hand luggage, including 
personal items, the airline is only liable if the damage has resulted from its fault.  

HIGHER LIMITS FOR BAGGAGE 

A  passenger  can  benefit  from  a  higher  liability  limit  by  making  a  special  declaration  at  the 
latest at check-in and by paying a supplementary fee if so required. Such supplementary fee 
shall be based on a tariff which is related to the additional costs involved in transporting and 
insuring the baggage concerned over and above the liability limit of 1 131 SDRs. The tariff 
shall be made available to passengers upon request. Disabled passengers and passengers with 
reduced mobility shall systematically be offered free of charge the option of making a special 
declaration of interest for the transportation of their mobility equipment. 

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TIME LIMIT FOR COMPLAINTS ON BAGGAGE 

If the baggage  is damaged, delayed, lost or destroyed, the passenger must in all cases write 
and complain to the air carrier as soon as possible. A time limit to complain of 7 days applies 
in case the baggage was damaged and 21 days in case it was delayed, in both cases from the 
date  on  which  the  baggage  was  placed  at  the  passenger's  disposal.  In  order  to  easily  meet 
these deadlines, the air carrier must offer passengers the possibility to fill in a complaint form 
at the airport. Such complaint form, which may also take the form of a Property Irregularity 
Report (PIR), must be accepted by the air carrier at the airport as a complaint. 

LIABILITY OF CONTRACTING AND ACTUAL CARRIERS 

If the air carrier actually performing the flight is not the same as the contracting air carrier, the 
passenger has the right to address a complaint or to make a claim for damages against either. 
This includes cases where a special declaration of interest at delivery has been agreed with the 
actual carrier. 

TIME LIMIT FOR ACTION 

Any  action  in  court  to  claim  damages  must  be  brought  within  two  years  from  the  date  of 
arrival of the aircraft, or from the date on which the aircraft ought to have arrived. 

BASIS FOR THE INFORMATION 

The basis for the rules described above is the Montreal Convention of 28 May 1999, which is 
implemented in the Community by Regulation (EC) No 2027/97 (as amended by Regulation 
(EC) No 889/2002 and by Regulation (EU) No xxx) and national legislation of the Member 
States.' 

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