Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on measures against transport operators that facilitate or engage in trafficking in persons or smuggling of migrants in relation to illegal entry into the territory of the European Union
Date: 2021-11-23
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: EU restrictive measure, border control, carriage of passengers, common security and defence policy, external border of the EU, foreign national, illegal migration, organised crime, trafficking in human beings, transport company

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   EUROPEAN COMMISSION  Strasbourg, 23.11.2021  COM(2021) 753 final 2021/0387 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on measures against transport operators that facilitate or engage in trafficking in persons or smuggling of migrants in relation to illegal entry into the territory of the European Union   
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  Union  and  the  Member  States  are  parties  to  several  United  Nations  Conventions  and 
Protocols  destined  to  combat  transnational  organised  crime,  the  smuggling  of  migrants  and 
trafficking in persons, namely: 

 

 

 

the United Nations Convention Against Transnational Organized Crime1, 

the  Protocol  to  Prevent,  Suppress  and  Punish  Trafficking  in  Persons,  Especially 
Women  and  Children,  supplementing  the  United  Nations  Convention  against 
Transnational Organized Crime2, 

the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing 
the United Nations Convention against Transnational Organized Crime3.  

Such  illegal  activities  very  often  rely  on  different  means  and  modes  of  transport,  making  it 
necessary to closely involve transport operators in preventing and countering these activities.   

Several  sectoral  initiatives  have  already  been  taken  at  international  level  in  this  area.  The 
International Civil Aviation Organization (ICAO) has adopted Circular 357 on ‘Guidelines for 
Reporting Trafficking in Persons by Flight and Cabin Crew4’ and in its Circular 352 provided 
‘Guidelines  for  Training  Cabin  Crew  on  Identifying  and  Responding  to  Trafficking  in 
Persons5’. According to these circulars, States' Civil Aviation Authorities should require that 
operators  develop  policies,  procedures,  training  and  guidance  for  their  employees  on  these 
matters. The International Air Transport Association (IATA) also issued a Resolution against 
trafficking  in  persons  in  2018  and  has  developed  Guidance  material  for  its  members6.  The 
International Maritime Organization (IMO) published interim measures for combating unsafe 
practices  associated  with  the  trafficking,  smuggling  or  transport  of  migrants  by  sea7.  The 
International  Chamber  of  Shipping  (ICS)  has  issued  guidance  on  ensuring  the  safety  and 
security of seafarers and rescued persons8.  

Many transport operators have policies in place to avoid, to the best of their ability, becoming 
an accessory to  trafficking  and smuggling. However, in  some cases such policies are not  in 
place or not well implemented.  

Recent events have also shown how migrants can be instrumentalised for political purposes, 
and how certain transport operators have been contributing to – and in some cases benefiting 

1 

2 

3 

https://www.unodc.org/documents/treaties/UNTOC/Publications/TOC%20Convention/TOCebook-
e.pdf  
https://www.unodc.org/documents/treaties/UNTOC/Publications/TOC%20Convention/TOCebook-
e.pdf  
https://www.unodc.org/documents/treaties/UNTOC/Publications/TOC%20Convention/TOCebook-
e.pdf 
https://www.icao.int/safety/airnavigation/OPS/CabinSafety/Documents/Cir.352.alltext.en.pdf 
https://www.icao.int/safety/airnavigation/OPS/CabinSafety/Documents/Circ.357.EN.pdf 
https://www.iata.org/contentassets/8e5bb5f5bfa04057a8826cf042cd4df9/human-trafficking-guidelines-
https://www.iata.org/contentassets/8e5bb5f5bfa04057a8826cf042cd4df9/resolution-trafficking-

4 
5 
6 
and 
v1.pdf 
persons-agm2018.pdf 
7 

https://wwwcdn.imo.org/localresources/en/OurWork/Facilitation/Documents/MSC.1-Circ.896-
Rev.2.pdf  
https://wwwcdn.imo.org/localresources/en/OurWork/Facilitation/Documents/large-scale-rescue-at-
sea.pdf  

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from - smuggling and trafficking operations that have put at risk the lives of vulnerable people 
and the security of the Union external borders.  

Therefore,  in  order  to  avoid  such  situations,  it  is  necessary  to  adopt  legislation  targeted  at 
transport operators that facilitate or engage in the trafficking in persons, or the smuggling of 
migrants  in  relation  to  illegal  entry  into  the  Union  territory.  To  pursue  that  purpose 
effectively,  that  legislation  should  be  applicable  across  the  Union.  The  conditions  for  its 
application  should  be  formulated  as  close  as  possible  to  the  ones  provided  for  by  the 
aforementioned  UN  Convention  which  have  been  ratified  by  the  overwhelming  majority  of 
countries of the world, including all Member States of the Union. Thus the Union will be able 
to  fully  use  the  tools  offered  by  this  Convention,  including  in  the  situations  envisaged  in 
Article 15(2) of the said Convention, in cases where the smuggling or trafficking activities are 
committed with a view to committing serious crimes in the Union. 

This  Regulation  should  therefore  provide  a  legal  framework  allowing  the  Union  to  adopt 
measures that should be addressed  against transport operators of any mode of transport (air, 
sea, inland waterways, rail and road) that engage in the aforementioned activities. The types 
of measures to be imposed should be appropriate and proportionate in view of the particular 
circumstances  of  the  case  in  question.  They  should  include,  in  particular,  the  prevention  of 
any  further  expansion  or  the  limitation  of  current  transport  operations,  the  suspension  of 
licences or authorisations granted under Union law, the suspension of the right to fly over the 
Union, transit through the territory of the Union or call into Union ports, the suspension of the 
rights  to  refuel  or  carry  out  maintenance  within  the  Union  or  the  suspension  of  rights  to 
operate to, from and within the Union. 

• 

Consistency with other Union policies 

The present proposal is complementary to the Union’s external action including its common 
foreign  and  security  policy.  In  the  light  of  the  possible  security  dimension,  it is  appropriate 
that the overall strategy as regards the measures to be taken is defined in coordination with the 
High Representative of the Union for Foreign Affairs and Security Policy.  

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  proposal  is  based  on  Articles  91  and  100(2)  of  the  Treaty  on  the  Functioning  of  the 
European Union in relation to transport matters. 

• 

Subsidiarity  

Since the objective of this proposal, namely to ensure a harmonised approach with regard to 
measures  against  transport  operators,  cannot  be  sufficiently  achieved  by  the  Member  States 
but  can  rather,  by  reason  of  its  effect,  complexity,  and  trans-border  and  international 
character,  be  better  achieved  at  Union  level,  the  Union  may  adopt  measures,  in  accordance 
with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. 

• 

Proportionality 

The proposal does not exceed what is necessary in order to achieve its objective. 

• 

Choice of the instrument 

In  order  to  ensure  that  migrants  and  other  persons  affected  by  such  illegal  operations  are 
protected in a uniform and effective manner, the rules to be established in that regard should 

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take  the  form  of  a  Regulation.  Appropriate  humanitarian  measures  should  accompany  the 
present measures. 

3. 

STAKEHOLDER CONSULTATIONS  

Since the beginning of the crisis at the EU’s external borders with Belarus, the EU has been 
making  full  use  of  the  diplomatic  and  outreach  tools  at  its  disposal  both  at  political  and 
technical levels.  

The  Commission  and  the  High  Representative  have  stepped  up  visits  to  key  countries  of 
origin and transit. Authorities in those third countries have been reminded of their obligations 
under  international  conventions  on  trafficking  and  smuggling,  alerted  to  the  situation  at  the 
EU’s border with  Belarus, the risks of exploitation of their citizens and of people in transit, 
the  need  to  actively  inform  their  citizens  of  the  risks  and  dangers  of  irregular  migration  to 
Europe, and the potential for a negative impact on their relations with the EU. The outreach 
has included direct contacts with airlines and civil aviation authorities.  

All parties consulted have agreed on the need to ensure that effective and appropriate tools are 
in place to fight the smuggling of migrants and the trafficking of persons, in particular the use 
of commercial means of transport in this context, and to ensure appropriate action is taken to 
protect the lives and safety of people being instrumentalised for political ends. 

• 

Fundamental rights 

Processing of personal data will be performed in a way that the obligations on personal data 
protection  laid  down  in  Regulation  (EU)  2016/6799  and  Regulation  (EU)  2018/1725  of  the 
European Parliament and of the Council10 are respected. 

4. 

BUDGETARY IMPLICATIONS 

This proposal does not entail any implication for the Union budget. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Any  measures  adopted  under  this  Regulation  will  be  limited  in  time  and  will  be  subject  to 
review in accordance with Article 3(2). 

• 

Detailed explanation of the specific provisions of the proposal 

The proposal is structured as follows: 

Article 1: Subject matter and scope 

Article 2: Definitions  

9 
Regulation  (EU)  2016/679  of  the  European  Parliament  and  of  the  Council  of  27  April  2016  on  the 
protection of natural persons with regard to the processing of personal data and on the free movement of such 
data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1). 
10 
Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the 
protection  of  natural  persons  with  regard  to  the  processing  of  personal  data  by  the  Union  institutions,  bodies, 
offices  and  agencies  and  on  the  free  movement  of  such  data,  and  repealing  Regulation  (EC)  No  45/2001  and 
Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). 

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Article 3: Measures concerning transport operators 

Article 4: Right to be heard 

Article 5: Procedural rules 

Article 6: Cooperation with third countries 

Article 7: Information and rights of passengers 

Article 8: Committee procedure 

Article 9: Entry into force  

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2021/0387 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on measures against transport operators that facilitate or engage in trafficking in 
persons or smuggling of migrants in relation to illegal entry into the territory of the 
European Union 

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 91 and 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 Committee11, 
Having regard to the opinion of the Committee of the Regions12, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

Trafficking  in  persons and smuggling of migrants endanger the lives  and security of 
migrants, and in particular of the most vulnerable people. 

The instrumentalisation of migrants, whereby State actors facilitate irregular migration 
for political purposes is an increasingly worrying phenomenon, which may involve the 
smuggling  of  migrants  or  trafficking  of  persons  in  relation  to  illegal  entry  into  the 
territory  of  the  Union,  thereby  endangering  the  lives  and  security  of  those  people, 
while posing a security threat to the borders of the Union. 

Such  illegal  activities  very  often  rely  on  different  means  and  modes  of  transport, 
making  it  necessary  to  target  transport  operators  in  preventing  and  countering  these 
activities.  In  order  to  combat  trafficking  in  persons  and  smuggling  of  migrants,  it  is 
therefore  necessary  to  provide  for  measures  to  be  taken  in  respect  of  commercial 
transport operators that facilitate or engage in such illegal operations. Such measures 
should  apply  not  only  where  the  transport  operators  use  the  transport  means  for  the 
trafficking  in  persons  and  smuggling  of  migrants,  but  also  in  cases  where  transport 
operators take an active part in the criminal activities of an organised criminal group 
active  in  trafficking  in  persons  and  smuggling  of  migrants  with  knowledge  either  of 
the aim and general activity of that organised criminal group, or of its intent to commit 
those crimes, or where they aid or facilitate the commission of those crimes, including 
where  those  transport  operators  and  those  organised  criminal  groups  are  State 
sponsored.  The  measures  in  question  may  target  the  activities  of  transport  operators 

11 
12 

OJ C , , p. . 
OJ C , , p. . 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

even  where  the  latter  do  not  transport  persons  or  migrants  into  the  Union.  Those 
measures  should  not  affect  the  activities  of  non-commercial  operators,  in  particular 
humanitarian activities.  

In the light of the possible security dimension at hand, it is appropriate that the overall 
strategy as regards the measures to be taken is defined in coordination with the High 
Representative of the Union for Foreign Affairs and Security Policy. 

The procedure for adopting measures  against transport operators which  contribute to 
trafficking in persons or smuggling of migrants should allow for decisions to be taken 
swiftly. Such measures should at all times be necessary and proportionate, and limited 
in time. Where necessary, it should be possible to extend the measures. The types of 
measures that may be taken against transport operators should be sufficiently broad to 
effectively target the specific conduct of the relevant transport operator. 

According to Article 6 of Regulation (EC) No 1071/2009 of the European Parliament 
and  of  the  Council13  and  to  Article  8  of  Council  Directive  87/540/EEC14,  managers 
and transport operators  are required to  be of good repute, in  order  to  provide certain 
transport services in the Union. Member States should take into account any measures 
taken  by  the  Commission  pursuant  to  this  Regulation  when  assessing  whether 
managers and transport operators fulfil or continue to fulfil that requirement. 

In order to ensure that the measures against transport operators may be taken swiftly, 
implementing  powers  should  be  conferred  on  the  Commission  to  impose  such 
measures  through  immediately  applicable  implementing  acts.  Implementing  powers 
should also be conferred on the Commission to adopt detailed rules on the procedures 
to  be followed  before adopting such measures. Those powers should be exercised in 
accordance with Regulation (EU) No 182/2011 of the European Parliament and of the 
Council15. 

It is fundamental to ensure the respect of the right of persons to be heard before any 
individual  measure  which  affects  them  adversely  is  taken.  The  Commission  should 
ensure that, before adopting any measures against transport operators, those operators 
are given the opportunity to be heard, while also taking into account the urgency of the 
procedure.  It  should  also  be  possible  to  invite  transport  operators  to  cease  any 
activities  relating  to  trafficking  in  persons  or  smuggling  of  migrants  without  delay, 
before measures are taken. 

Before  taking  measures  against  transport  operators  established  in  third  countries,  the 
Commission should consult the relevant  authorities in  an appropriate manner,  with  a 
view to coordinating their actions. In that context, the Commission should also be able 
to ask those authorities to take any relevant measures. 

(10)  Measures taken against transport operators pursuant to this Regulation should be made 
known to the public. The implementing acts imposing such measures should therefore 

13 
Regulation  (EC)  No  1071/2009  of  the  European  Parliament  and  of  the  Council  of  21  October  2009 
establishing  common  rules  concerning  the  conditions  to  be  complied  with  to  pursue  the  occupation  of  road 
transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51). 
14 
Council Directive 87/540/EEC of 9 November 1987 on access to the occupation of carrier of goods by 
waterway to national and international transport and on the mutual recognition of diplomas, certificates and other 
evidence of formal qualifications for the occupation (OJ L 322, 12.11.1987, p. 20). 
15 
Regulation  (EU)  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  Member  States  of  the 
Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). 

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be published without delay in the Official Journal of the European Union, and relevant 
actors  in  transport  operations  should  bring  such  measures  to  the  attention  of 
passengers, both via their websites and, where relevant, on their premises.   

(11)  This Regulation is without prejudice to the application of Directive 2011/36/EU16 on 
preventing  and  combating  trafficking  in  human  beings  and  protecting  its  victims, 
which establishes, inter alia, appropriate mechanisms aimed at the early identification 
of, assistance to and support for victims, determines penalties and sets out the liability 
of legal persons committing trafficking in human beings. 

(12)  This  Regulation  should not  affect  the rights  of passengers established in  Regulations 
(EC)  No  261/200417,  (EC)  No  1107/200618,  (EC)  No  1371/200719,  (EU)  No 
181/201120 and (EU) No 1177/2010 of the European Parliament and of the Council21. 
In  particular,  the  rights  to  reimbursement,  re-routing  and  compensation  should  be 
safeguarded. Moreover, the cancellation of transport operations due to the application 
of  measures  taken  by  the  Commission  should  not  be  considered  as  extraordinary 
circumstances. 

(13)  Since the objective of this Regulation, namely to ensure a harmonised approach across 
the Union with regard to measures against transport operators, cannot be sufficiently 
achieved by the Member States, but can rather, by reason of its effect, complexity, and 
trans-border and international character, be better achieved at Union level, the Union 
may  adopt  measures,  in  accordance  with  the  principle  of  subsidiarity  as  set  out  in 
Article  5  of  the  Treaty  on  European  Union.  In  accordance  with  the  principle  of 
proportionality, as set out in that Article, this Regulation does not go beyond what is 
necessary in order to achieve that objective. 

(14)  While this Regulation affects the freedom to conduct a business enshrined in Article 
16  of  the  Charter  of  Fundamental  Rights  of  the  European  Union,  it  respects  the 
essence  of  that  freedom  and  limits  it  only  to  the  extent  necessary  to  meet  the 
objectives of preventing and countering the use of commercial means of transport for 
the smuggling of migrants and trafficking in persons. 

(15) 

In  view  of  the  urgency  entailed  by  the  exceptional  circumstances  caused  by  the 
situation  at  the  Union’s  external  borders  with  Belarus,  it  is  considered  to  be 
appropriate to invoke the exception to the eight-week period provided for in Article 4 
of Protocol No 1 on the role of national Parliaments in the European Union, annexed 

16 
Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and 
combating  trafficking  in  human  beings  and  protecting  its  victims,  and  replacing  Council  Framework  Decision 
2002/629/JHA (OJ L 101, 15.4.2011, p. 1). 
17 
Regulation  (EC)  No  261/2004  of  the  European  Parliament  and  of  the  Council  of  11  February  2004 
establishing common rules on compensation and assistance to passengers in the event of denied boarding and of 
cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ L 46, 17.2.2004, p. 1). 
18 
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). 
19 
rail passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14).  
20 
Regulation  (EU)  No  181/2011  of  the  European  Parliament  and  of  the  Council  of  16  February  2011 
concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ 
L 55, 28.2.2011, p. 1). 
21 
Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 
concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) 
No 2006/2004 (OJ L 334, 17.12.2010, p. 1). 

Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on 

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to  the  Treaty  on  European  Union,  to  the  Treaty  on  the  Functioning  of  the  European 
Union and to the Treaty establishing the European Atomic Energy Community. 

(16) 

In the light of the overriding need to address without delay any instrumentalisation of 
vulnerable  people,  this  Regulation  should  enter  into  force  as  a  matter  of  urgency  on 
the day following that of its publication in the Official Journal of the European Union, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Subject matter and scope  

1.  This  Regulation  lays  down  rules  to  prevent  and  counter  the  use  of  commercial  means  of 
transport to facilitate or engage in the commission of smuggling of migrants or trafficking in 
persons.  

In  particular,  it  lays  down  rules  on  measures  that  may  be  taken  to  prevent  or  restrict  the 
activities  of  transport  operators  who,  in  relation  to  the  illegal  entry  of  such  migrants  and 
persons into the territory of the Union, either: 

(a)  

use  transport  means  in  the  commission  of  smuggling  of  migrants  or  trafficking  in 
persons; or 

(b)   with  knowledge  of  either  the  aim  and  general  criminal  activity  of  an  organised 
criminal  group  active  in  smuggling  of  migrants  or  trafficking  in  persons  or  of  its 
intention to commit those crimes take an active part in the criminal activities of such a 
group; or  

(c) 

2.  

organise,  direct,  aid,  abet,  facilitate  or  counsel  the  commission  of  smuggling  of 
migrants or trafficking in persons involving an organised criminal group. 

This  Regulation  also  lays  down  measures  to  ensure  that  Member  States  take  into 
account the measures taken by the Commission in the light of the conduct of transport 
operators referred to in paragraph 1 when assessing the good repute of managers and 
transport operators.  

Article 2 

Definitions 

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

(a)  

‘trafficking in  persons’  means the recruitment, transportation, transfer,  harbouring  or 
receipt of persons, by means of the threat or use of force or other forms of coercion, of 
abduction,  of  fraud,  of  deception,  of  the  abuse  of  power  or  of  a  position  of 
vulnerability  or  of  the  giving  or  receiving  of  payments  or  benefits  to  achieve  the 
consent  of  a  person  having  control  over  another  person,  for  the  purpose  of 
exploitation;  

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(b)  

(c)  

(d)  

(e)  

‘smuggling  of  migrants’  means  the  procurement,  in  order  to  obtain,  directly  or 
indirectly, a benefit, of the illegal entry of a person into the Union of which the person 
is not a national or a permanent resident; 

‘serious  crime’  means  conduct  constituting  an  offence  punishable  by  a  maximum 
deprivation of liberty of at least four years or a more serious penalty;  

‘organised criminal group’ means a structured group of three or more persons, existing 
for  a  period  of  time  and  acting  in  concert  with  the  aim  of  committing  one  or  more 
serious crimes or offences of smuggling of migrants or trafficking in persons, in order 
to obtain, directly or indirectly, a benefit; 

‘transport operator’ means any natural or legal person providing a transport operation 
on commercial terms by any mode of transport, namely by air, sea, inland waterways, 
rail or road; 

(f)  

‘illegal  entry’  means  crossing  borders  without  complying  with  the  necessary 
requirements for legal entry into the receiving Member State.  

Article 3 

Measures concerning transport operators 

1.  Without  prejudice  to  the  application  of  national  criminal  and  administrative  measures, 
where a transport operator facilitates or engages in an activity referred to in Article 1(1), the 
Commission  may,  by  means  of  immediately  applicable  implementing  acts,  decide  to  take 
measures  against  that  transport  operator.  Those  implementing  acts  shall  be  adopted  in 
accordance  with  the  procedure  referred  to  in  Article  8(2).  They  shall  be  published 
immediately in the Official Journal of the European Union. 

2.  The  measures  referred  to  in  paragraph  1  shall  be  necessary  and  proportionate,  and  may 
consist of any of the following:  

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

preventing any further expansion of or limiting the current transport operations in the 
Union market; 

suspension of the right to provide transport services from, to or within the Union; 

suspension of the right to fly over the territory of the Union; 

suspensions of the right to refuel or carry out maintenance within the Union; 

suspension of the right to call into and enter the Union ports; 

suspension of the right to transit through the territory of the Union; 

suspension of licences or authorisations granted under Union law to operate within the 
Union or to carry out activities of international carriage of passengers. 

The period of application of those measures shall not exceed one year. They shall be reviewed 
where necessary and may be renewed. 

3. Member States shall take into account the measures taken by the Commission pursuant to 
paragraph  1  when  assessing  the  good  repute  of  managers  and  transport  operators  for  the 

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purposes  of  Article  6  of  Regulation  (EC)  No  1071/2009  and  Article  8  of  Directive 
87/540/EEC.  

Article 4 

Right to be heard 

The Commission shall ensure that, before it adopts any of the measures referred to in Article 
3,  the  transport  operator  concerned  is  given  the  opportunity  of  being  heard,  taking  into 
account  the  need  for  urgency.  The  transport  operator  may  be  invited  to  cease  any  activity 
referred to in Article 1(1) without delay. 

Article 5 

Procedural rules 

The Commission may adopt implementing acts establishing the procedures to be followed for 
the  adoption  of  the  measures  referred  to  in  Article  3.  Those  implementing  acts  shall  be 
adopted in accordance with the procedure referred to in Article 8(3). 

Article 6 

Cooperation with third countries 

Before  taking  any  measures  pursuant  to  Article  3  against  transport  operators  established  in 
third  countries,  the  Commission  shall  consult,  in  an  appropriate  manner,  the  relevant 
authorities from that country with a view to coordinating their actions. The Commission may 
ask those authorities to take any relevant measures.  

Article 7 

Information and rights of passengers 

1. The implementing acts adopted by the Commission pursuant to Article 3 shall be published 
immediately in the Official Journal of the European Union. 

2. Transport operators, national enforcing authorities, the European Aviation Safety Agency, 
the  European  Union  Agency  for  Railways,  the  European  Maritime  Safety  Agency,  and  the 
managing entities of ports, airports, stations and other relevant infrastructures in the territory 
of the Member States shall bring the measures taken by the Commission pursuant to Article 3 
to the attention of passengers, both via their websites and, where relevant, in their premises.  

3. This  Regulation  shall  not  affect  passengers’  rights  under Regulations (EC) No 261/2004, 
(EC) No 1107/2006, (EC) No 1371/2007, (EU) No 181/2011 and (EU) No 1177/2010.  

4. For the purposes of those Regulations, the cancellation of transport operations due to  the 
application  of  measures  taken  by  the  Commission  pursuant  to  Article  3  shall  not  be 
considered as extraordinary circumstances. 

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Article 8 

Committee procedure 

1.  The  Commission  shall  be  assisted  by  a  committee.  That  committee  shall  be  a  committee 
within the meaning of Regulation (EU) No 182/2011. 

2. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in 
conjunction with Article 5 thereof, shall apply.  

3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall 
apply. 

Article 9 

Entry into force 

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

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

Done at Strasbourg, 

For the European Parliament 
The President 

For the Council 
The President 

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