CELEX: 51997PC0359
Language: en
Date: 1997-07-04
Title: Re-examined proposal for a Council Regulation (EC) on air carrier liability in the event of accidents

COMMISSION OF THE EUROPEAN COMMUNITIES
                                          Brussels, 04.07.1997
                                          COM(97) 359 final
                                          95/0359 (SYN)
                Re-examined proposal for a
             COUNCIL REGULATION (EC)
       on air carrier liability in the event of accidents
(presented by the Commission pursuant to Article 189 c (d)
                       of the EC Treaty)
 ---pagebreak---  ---pagebreak---                                  Explanatory memorandum
During the plenary session on 29 May 1997 the European Parliament approved at second
reading the common position adopted by the Council on 24 February 1997 relating to air
carrier liability in the event of accidents. ' The European Parliament also adopted some
amendments to the text put forward.
The Commission has accepted all the amendments.
It accepted amendments related to recital 13 and article 7 since it seeks to achieve that
third country carriers apply the same levels of liability as Community airlines while
operating to/from or within the Community.
It also accepted amendments concerning article 6 since they abolish the need for several
different notices (EU, Warsaw, US where appropriate) attached to the ticket, a system
which is burdensome and may confuse the passenger. At the same time they confirm the
right of information through the carrier's conditions of carriage, which shall be available
to the passenger and which also contain other information of interest to him.
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     OJNoC123, 21.4.1997, p. 89
 ---pagebreak---                                 Re-examined proposal for a
                             COUNCIL REGULATION (EC)
                    on air carrier liability in the event of accidents
Whereas, in the framework of the Unchanged
common transport policy, it is necessary
to improve the level of protection of
passengers involved in air accidents;
Whereas the rules on liability in the event Unchanged
of accidents are governed by the
Convention for the Unification of Certain
Rules Relating to International Carriage
by Air, signed at Warsaw on 12 October
 1929, or that Convention as amended at
 the Hague on 28 September 1955 and the
 Convention done at Guadalajara on 18
 September 1961, whichever may be
 applicable each being hereafter referred
 to, as applicable, as the "Warsaw
 Convention"; whereas the Warsaw
 Convention is applied world-wide for the
 benefit of both passengers and air
 carriers;
Whereas the limit set on liability by the Unchanged
 Warsaw Convention is too low by today's
 economic and social standards and often
 lead to lengthy legal actions which
 damage the image of air transport;
 whereas as a result Member States have
 variously increased the liability limit,
 thereby leading to different terms and
 conditions of carriage in the internal
 aviation market;
 ---pagebreak--- Whereas in addition the Warsaw Unchanged
Convention applies only to international
transport; whereas, in the internal
aviation market, the distinction between
national and international transport has
been eliminated; whereas it is therefore
appropriate to have the same level and
nature of liability in both national and
international transport;
Whereas a full review and revision of the Unchanged
Warsaw Convention is long overdue and
would represent, in the long term, a more
uniform and applicable response, at an
international level, to the issue of air
carrier liability in the event of accidents;
whereas efforts to increase the limits of
liability imposed in the Warsaw
Convention should continue through
negotiation at multilateral level;
Whereas, in compliance with the Unchanged
principle of subsidiarity, action at
Community level is desirable in order to
achieve harmonisation in the field of air
carrier liability and could serve as
guideline for improved passenger
protection on a global scale;
Whereas it is appropriate to remove all Unchanged
monetary limits of liability within the
meaning of Article 22(1) of the Warsaw
Convention or any other legal or
contractual limits, in accordance with
present trends at international level;
Whereas, in order to avoid situations Unchanged
where victims of accidents are not
 compensated, Community air carriers
 should not, with respect to any claims
 arising out of death, wounding or other
bodily injury of a passenger under Article
 17 of the Warsaw Convention, avail
 themselves of any defence under Article
 20(1) of the Warsaw Convention up to a
 certain limit
 ---pagebreak--- Whereas Community air carriers may be Unchanged
exonerated from their liability in cases of
contributory negligence of the passenger
concerned;
Whereas it is necessary to clarify the Unchanged
obligations of this Regulation in the light
cf Article 7 of Council Regulation (EEC)
No 2407/92 of 23 July 1992 on licensing
of air carriers2; whereas, in this regard,
Community air carriers should not be
insured up to a certain limit laid down in
this Regulation;
Whereas Community air carriers should         Unchanged
 always be entitled to claim against third
parties;
Whereas prompt advance payments can Unchanged
 considerably assist the injured passenger
 cr    natural      persons       entitled to
 compensation in meeting the immediate
 costs following an air accident;
 Whereas the rules on the nature and Unchanged
 limitation of liability in the event of
 death, wounding or any other bodily
 injure suffered by a passenger from part
 of the terms and conditions of carriage in
 the air transport contract between carrier
 and passenger; whereas, in order to
 reduce the risk of distorting competition,
 third-country carriers should adequately
 inform passengers of their conditions of
 carriage;
                                              whereas, in addition, it is desirable that
                                              provisions similar to those in this
                                              Regulation be applied by all carriers
                                              operating to. from or within the
                                              Community;
  2
      OJ No L 240, 24.8.1992, P. 1
 ---pagebreak--- Whereas it is appropriate and necessary Unchanged
that the monetary limits expressed in this
Regulation be reviewed in order to take
into account economic developments and
development in international fora;
Whereas the International civil Aviation Unchanged
Organisation (ICAO) is at present
engaged in a review of the Warsaw
Convention; whereas, pending the
outcome of such review, actions on an
interim basis by the Community will
 enhance the protection of passengers;
 whereas the Council should review this
 Regulation as soon as possible after the
 review by ICAO,
 ---pagebreak---                                          Article 6
1. The provisions contained in Articles 3 Unchanged
and 5 shall be included in the Community
air carrier's condition of carriage.
2.       Adequate information on the         2. The liability regime applied by an air
provisions contained in Articles 3 and 5     carrier shall be clearly set out in its
shall, on request, be available to           conditions of carriage and shall be made
passengers at the Community air carrier's    available to passengers at the air carrier's
agencies, travel agencies and check-in        agencies, travel agencies, check-in
counters and at points of sale. The ticket    counters and points of sale.
document or an equivalent shall contain a
summary of the requirements in plain and
 intelligible language.
 3. Air carriers established outside the      3. The ticket document or an equivalent
 Community operating to, from or within       shall refer to the liability regime and.
 the Community and not applying the           make clear where the detailed conditions
 provisions referred to in Articles 3 and 5   of carriage can be obtained.
 shall expressly and clearly inform the
 passengers thereof, at the time of the
 purchase of the ticket at the carrier's
 agencies, travel agencies or check-in
 counters located in the territory of a
 Member State. Air carriers shall provide
 the passengers with a form setting out
 their conditions. The fact that only a
 liability limit is indicated on the ticket
 document or an equivalent shall not
 constitute sufficient information.
 ---pagebreak--- Article 7 a (new)
        Whenever the Commission conducts
        negotiations on civil aviation on behalf of
        the Community with third countries
        whose carriers are not already subiect to
        level of liability similar to those outlined
         in this Regulation, it shall seek to
         incorporate the provisions of Article 3
         and 5 of this Regulation.
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(97) 359 final
                                             DOCUMENTS
EN                                                                    07 m
                                    Catalogue number : CB-CO-97-349-EN-C
                                                             ISBN 92-78-22455-3
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