CELEX: 51998PC0381
Language: en
Date: 1998-06-15
Title: Amended proposal for a Council Regulation (EC) amending Council Regulation (EEC) No 2299/89 on a code of conduct for computerised reservation systems (CRSs)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                             Brussels, 15.06.1998
                                            COM(1998) 381 final
                                            97/0148 (SYN)
                         Amended proposal for a
                    COUNCIL REGULATION (EC)
AMENDING COUNCIL REGULATION (EEC) N° 2299/89 ON A CODE OF
 CONDUCT FOR COMPUTERISED RESERVATION SYSTEMS (CRSs)
       (presented by the Commission pursuant to Article 189 a (2)
                           of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                                  Explanatory memorandum
During the plenary session on 15 May 1998 the European parliament approved the
proposal for a Council Regulation presented by the Commission on amending Council
regulation (EEC) N° 2299/89 on a code of conduct for Computerised Reservation
 Systems (CRSs)1. It also adopted a certain number of amendments to the text put
forward.
The Commission accepted amendment 2 to article 1(1) of the proposal since it clarifies
the inclusion of rail products in the principal display.
It also accepted amendment 4 to article 1 (2)(c) of the proposal since it gives a wider
definition of the rail operator.
 It accepted amendment 6 to article l(3a)(new) of the proposal, since the inclusion of rail
 services in the scope of the code will require that the data protection envisaged in this
 provision also applies to rail services included in the principal display.
 It accepted amendment 7 to article l(4a)(new) of the proposal since it reinforces the
protection of personal data while giving the opportunity for subscribers or medium and
 small sized airlines to purchase information, which so far they cannot afford.
It also accepted amendment 9 to article 1(9) of the proposal which strengthens the
principle that if the consumer contacts the air carrier directly either at its offices or
through Internet, he/she should not be misled and the identity of the carrier(s) in question
should be clearly identified at all time.
It accepted amendment 10 to article 1(11) of the proposal since it clarifies the context in
which a rail operator can be considered as a participating carrier.
Likewise it adopts amendment 12 to Annex II of the proposal since it aims at avoiding
unnecessary passive bookings.
The Commission accepted amendment 13 to Annex I(9)of the proposal since it would
allow having separate coupons for all sectors.
The Commission also accepted amendment 14 to Annex 1(10) of the proposal concerning
the display of code-share flights since it requires that CRS designate the carriers on a
non-discriminatory basis.
     COM (97) 246 final
                                                1
 ---pagebreak---     The Commission also partially accepted the following:
1   -     The second part of amendment 8 to article 1(7) of the proposal which deals with
I        charging policy. By proposing that incentives awarded to subscribers are based on
I        ticketed segments rather than on bookings, the amendment reduces the risks of passive
§        and fictitious bookings.
     -    Amendment 11 to Annex 1(1) of the proposal in so far as it gives the non-stop direct
         services definition for rail services. Indeed, rail services are shorter than air ones and
         when intermediate stops do not exceed a total of ten minutes they should be
        considered as non stop services.
    T"
    Ihe    Commission accepted in principle subject to some redrafting the following:
          Amendment 1 concerning recital 15 of the proposal. Indeed, what is necessary for the
        protection of consumers is to identify the carrier's counter, check-in. web-site and not
        the arrangement as such.
         Amendment 3 to article l(2)(a) of the proposal in so far as it fine-tunes the definition
        of subscriber compared with the one of consumer Mid takes into account the inclusion
        of rail services within the scope of the code.
         Amendment 5 to article 1(3) of the proposal since it spells out clearly the limits the
       booking fee should not exceed.
  The Commission did not accept:
  -     The first part of amendment 8 to article 1(7) of the proposal. Indeed, billing
       information on magnetic data should not be treated differently from other billing
       supports. The carrier should be entitled to be informed on whatever support it chooses
       to. Likewise the fee to be charged should follow the same pattern than for other
       supports. Finally it is superfluous to specify that participating carriers will not be
       charged for the booking they have refused.
  -     The first part of amendment 11 to Annex 1(1) of the proposal concerning the ranking
       of flights. The proposal by the European Parliament does not take account of the
       recent developments in the aviation sector such as hub and spoke networks.
 ---pagebreak---            AMENDED PROPOSAL FOR A COUNCIL (EC) REGULATION AMENDING
          COUNCIL REGULATION (EEC) N° 2299/89 ON A CODE OF CONDUCT FOR
                              COMPUTERISED RESERVATION SYSTEMS (CRSs)
                      Original Proposal                                               Amended Proposal
 15. Whereas information or distribution facilities                15. Whereas information or distribution facilities
 offered by carriers having joint venture or other                 offered by one carrier or carriers having joint venture
 contractual arrangements should not be subject to the             or other contractual arrangements should not be
 code provisions;                                                  subject to the code provisions on condition that the
                                                                   counter, check-in or web-site of such a carrier or of
                                                                   carriers with such arrangements can be clearly
                                                                   identified by the public;
                                       Article 1(1), Article 1 is replaced by the following
 "This Regulation shall apply to computerised                      "This Regulation shall apply to computerised
 reservation systems to the extent that they contain air           reservation systems to the extent that they contain air
transport products with or without the incorporation               transport products, and to the extent that rail products
 of rail products, when offered for use and/or used in             are incorporated in the principal display, when offered
the territory of the Community, irrespective of:                   for use and/or used in the territory of the Community,
 - the status of nationality of the system vendor;                 irrespective                                         of:
- the source of the information used or the location of            - the status of nationality of the system vendor;
the relevant central data processing unit,                         - the source of the information used or the location of
- the geographical location of the airports between                the relevant central data processing                unit,
which air carriage takes place.                                    - the geographical location of the airports between
                                                                   which air carriage takes place.
                          Article l(2)a: Article 2, paragraph (1) is replaced by the following:
(1) "subscriber" means a person, other than a 1) "subscriber" means a person, other than a
consumer, or an undertaking, other than a consumer, or an undertaking, other than a
participating carrier, using a CRS under contract or participating carrier, using the information and/or
other financial arrangement with a system vendor;                  distribution facilities for air, with or without rail,
                                                                   transport products of a CRS under contract or other
                                                                   financial arrangement with a system vendor;
                                        Article l(2)c: Article 2, paragraph (q) is added:
(q) "rail transport operator" means any private or (q) "rail transport operator" means any private or
public undertaking whose main business is to provide public undertaking which provides rail transport
rail transport services to passengers.                             services to passengers
                         Article 1(3): Subparagraph 1(b) of article 3a is amended as follows:
The parent carrier shall not be obliged to accept any              The parent carrier shall not be obliged to accept any
costs in this connection except for reproduction of the            costs in this connection except for reproduction of the
information to be provided and for accepted bookings.              information to be provided and for accepted bookings.
The booking fee payable to a CRS for an accepted                   The booking fee payable to a CRS for an accepted
booking made in accordance with this Article should                booking made in accordance with this Article should
not exceed the fee charged by the same CRS for the                 not exceed the fee charged by the same CRS to
 nearest equivalent transaction.                                   participating carriers for an equivalent service.
         10/06/98 G:\directiv\crs\First Reading\EN.doc
 ---pagebreak---                                   Newartk-te l<3)a: A »ew article 4(1 )a is a â M
1. Participating carriers and otter providers of air        1. Participating earners and other providers of air
transport products shall ensure that the data which they    transport products shall ensure that the data wttidi they
decide to submit to a CRS are accurate, non-                decide to submit to a CRS are accurate, mm^isleading,
misleading, transparent and no less comprehensive           transparent and no less comprehensive than for any
than for any other CRS. The data shall inter alia,          other CRS. The data shall, iMer ndèo. enable a system
enable a system vendor to meet the requirements of the      vendor to meet the requirements of ifee miking criteria
ranking criteria as set out in the Annex.                   as         set       out       in        the        Annex.
Data submitted via intermediaries shall riot be             Data submitted via intermediaries shall not be
manipulated by them in a manner which would isad to         manipulated by them in a manner which would lead to
inaccurate, misleading or discriminatory inforr? :*tion.    inaccurate, misleading or discriminatory information.
2. A system vendor shall not manipulate the nr^-rial         la. Such principles shall apply for rail services in
referred to in paragraph 1 in a manner which \wuld          respect of data provided for inclusion in the principle
 lead to the provision of inaccurate, misleading or         display.
discriminatory                                information.  2. A system vendor shall not manipulate the material
 3. A system vendor shall load and process data             referred to in paragraph 1 in a manner which would
 provided by participating carriers with equal care and     lead to the provision of inaccurate, misleading or
timeliness, subject only to the constraints of the loading  discriminatory                                 information.
 method selected by individual participating carriers and   3. A system vendor shall load and process data
 to the standard formats used by the said vendor.           provided by participating carriers with equal care and
                                                            timeliness, subject only to the constraints of the loading
                                                            method selected by individual participating carriers and
                                                            to the standard formats used by the said vendor.
                             New article l(4)a: Article 6.1(b) is amended as follows:
 1. The following provisions shall govern the                1. The following provisions shall govern the
availability of information, statistical or otherwise, by   availability of information, statistical or otherwise, by
a        system      vendor       from      its      CRS:   a       system       vendor       from       its      CRS:
(a) information concerning individual bookings shall        (a) information concerning individual bookings shall
 be provided on an equal basis and only to the air          be provided on an equal basis and only to the air
 carriers) participating in the service covered by and      carriers) participating in the service covered by and
to the subscriber(s) involved in the booking;               to the subscriber(s) involved in the booking;
 (b) any marketing, booking and sales data made             (b) any marketing, booking and sales data made
 available     shall    be     on    the    basis     that: available      shall    be    on     the     basis     that:
 (i) such data are offered with equal timeliness and on     (i) such data are offered with equal timeliness and on
 a non-discriminatory basis to all participating carriers,  a non-discriminatory basis to all participating carriers,
 including                 parent                 carriers; including                  parent                  carriers;
 (ii) such data may, and, on request,'shall cover all       (ii) such data may, and, on request, shall cover all
 participating carriers and/or subscribers, but shall       participating carriers and/or subscribers, but shall
 include no identification of or personal information       include no identification, either directly or indirectly,
 on      a    passenger     or    a    corporate      user; of, or, personal information on, a passenger or a
 (iii) all requests for such data are treated with equal    corporate                                             user;
 care and timeliness, subject to the transmission           (iii) all requests for such data are treated with equal
 method selected by the individual carrier.                 care and timeliness, subject to the transmission
 2. A system vendor shall not make personal                 method selected by the individual carrier.
 information concerning a passenger available to others     (iv) information shall on request be available to
 not involved in the transaction without the consent of      participating carriers and/or subscribers both globally
  the                                           passenger.   and selectively with regard to the market in which
  3. A system vendor shall ensure that the provisions in     they                                             ,„2B£ ra ^
  paragraphs 1 and 2 above are complied with, by             (v) a group of airlines and/or subscribers shall be
 ---pagebreak--- technical means and/or appropriate safeguards                  entitled to purchase data for common processing.
regarding at least software, in such a way that                2. A system vendor shall not make personal information
information provided by or created for air carriers can        concerning a passenger available to others not involved
in no way be accessed by one or more of the parent             in the transaction without the consent of the passenger.
carriers except as permitted by this Article.                  3. A system vendor shall ensure that the provisions in
4. and 5: Deleted                                              paragraphs 1 and 2 above are complied with, by
                                                               technical means and/or appropriate safeguards
                                                               regarding at least software, in such a way that
                                                               information provided by or created for air carriers can
                                                               in no way be accessed by one or more of the parent
                                                               carriers except as permitted by this Article.
                                                               4 and 5: Deleted
                                 Article 1(7): Article 10.1 is replaced by the following:
 l.(a)Any fee charged to a participating carrier by a           l.(a)Any fee charged to a participating carrier by a
system vendor shall be non-discriminatory, reasonably          system vendor shall be non-discriminatory, reasonably
structured and reasonably related to the cost of the           structured and reasonably related to the cost of the
 service provided and used and shall, in particular, be        service provided and used and shall, in particular, be the
the same for the same level of service.                        same for the same level of service.
The billing for the services of a CRS shall be                 The billing for the services of a CRS shall be
 sufficiently detailed to allow the participating carriers     sufficiently detailed to allow the participating carriers
and subscribers to see exactly which services have been        and subscribers to see exactly which services have been
 used and the fees therefor; as a minimum, booking fee         used and the fees therefor; as a minimum, booking fee
 bills must include the following information for each         bills must include the following information for each
 segment:                                                      segment:
 -type of CRS booking,                                         -type of CRS booking,
 -passenger name,                                              -passenger name,
 -country,                                                     -country,
 -IATA/ARC agency identification code,                         -IATA/ARC agency identification code,
 -city-code,                                                   -city-code,
 -city pair of segment,                                        -city pair of segment,
 -booking date (transaction date),                             -booking date (transaction date),
 -flight date,                                                 -flight date,
 -flight number,                                               -flight number,
 -status code (booking status),                                -status code (booking status),
 -service type (class of service),                             -service type (class of service),
 -PNR record locator,                                          -PNR record locator,
 -booking/cancellation indicator.                               -booking/cancellation indicator.
 The billing information shall be offered on magnetic           The billing information shall be offered on magnetic
 media. The fee to be charged for the billing information       media. The fee to be charged for the billing information
  provided on magnetic media shall not exceed the cost          provided on magnetic media shall not exceed the cost
  of the media itself together with transportation costs        of the media itself together with transportation costs
  thereof.                                                      thereof.
  A participating air carrier shall be offered the facility of  A participating air carrier shall be offered the facility of
  being informed at the time that any booking/transaction       being informed at the time that any booking/transaction
  is made for which a booking fee will be charged.               is made for which a booking fee will be charged.
  Where a carrier elects to be so informed, it shall be          Where a carrier elects to be so informed, it shall be
  offered the option to disallow such booking/transaction,      offered the option to disallow such booking/transaction,
   unless the latter has already been accepted.                  unless the latter has already been accepted.
   (b) Any fee for equipment rental or other service             (b) Any fee for equipment rental or other service
   charged to a subscriber by a system vendor shall be           charged to a subscriber by a system vendor shall be
   non-discriminatory,       reasonably     structured     and   non-discriminatory,       reasonably    structured     and
   reasonably related to the cost of the service provided        reasonably related to the cost of the service provided
                                                                   6
 ---pagebreak--- and used and shall, in particular, be the same for the       and used and shall, in particular, be the same for the
same level of service. Productivity based benefits           same level of service. Productivity based benefits
awarded to subscribers by system vendors in the form         awarded to subscribers by system vendors in the form
of discounts on rental charges or commission                 of discounts on rental charges or commission payments,
payments, are considered as distribution costs of the        are considered as distribution costs of the system
system vendor.                                               vendor and shall be based on ticketed segments. When,
The billing for the services of a CRS shall be               subject to Annex II (5), the system vendor is unaware
sufficiently detailed to allow subscribers to see exactly    of whether a ticket has been issued or not, then the
which services have been used and the fees therefor;         system vendor shall be entitled to rely upon notification
                                                             of the ticket number from the subscriber.
                                                             The billing for the services of a CRS shall be
                                                             sufficiently detailed to allow subscribers to see exactly
                                                             which services have been used and the fees therefor;
                                Article 1(9): Article 21 is replaced by the following
The provisions in Article 5, Article 9(5) and the Annex      The provisions in Article 5, Article 9(5) and the
to this Regulation shall not apply to a CRS used by an       Annexes to this Regulation shall not apply to a CRS
air carrier or a group of air carriers, which have a joint   used by an air carrier or a group of air carriers, which
venture or other contractual arrangement, but excluding      have a joint venture or other contractual arrangement,
interline agreement, in its (their) own office(s) and        but          excluding         interline        agreement,
sales counters clearly identified as such.                   a) in its (their) own office(s) and sales counters clearly
                                                             identified                     as                     such;
                                                             b) to provide information and/or distribution facilities
                                                             accessible through a public telecommunications
                                                             network, clearly and continuously identifying the
                                                             information providers) as such.
                           Article 1(11): The following articles 21b and 21c are added:
                                                     Article 21b
A rail transport operator will be considered as a            A rail transport operator will be considered as a air
participating carrier for the purposes of the code on        carrier for the purposes of the code to the extent that it
condition that it has an agreement with a system vendor      has an agreement with a system vendor for the
 for the distribution of its products through a CRS. Its     distribution of its products through the principal display
 services shall be treated in the same manner as air         of a CRS, or its own reservation system is a CRS.
transport products and be incorporated into the              Those products shall be treated in the same manner as
 principal display in accordance with the criteria set out   air transport products and be incorporated into the
 in Annex I. to the code. All references to "flights" in     principal display in accordance with the criteria set out
this Regulation shall be deemed also to include              in Annex I. to the code. In this context, all references to
 references to "rail travel".                                "flights" in this Regulation shall be deemed also to
                                                             include references to "rail travel".
 ---pagebreak---                                                          Article 21c
Where two or more carriers have a joint venture or Delete
other contractual arrangement, but excluding interline
agreement, to provide information and/or distribution
facilities      accessible        through       a       public
telecommunications network, clearly identifying the
arrangement as such, the information/distribution
facilities will not be subject to the provisions of the
code.
                                                           Annex I
Principal display ranking criteria for flights offering         Principal display ranking criteria for flights offering
unbundled            air         transport          products.   unbundled             air       transport          products.
 1. Ranking of flight options in a principal display, for       1. Ranking of flight options in a principal display, for
the day or days requested, shall be in the following            the day or days requested, shall be in the following
order unless requested in a different way be a consumer         order unless requested in a different way be a consumer
for            an          individual             transaction:  for            an          individual           transaction:
(i) all non-stop direct flights between the city-pairs          (i) all non-stop direct flights between the city-pairs
concerned,                                                      concerned,
(ii)all other flights.                                          (ii) all other flights.
                                                                Rail services will be considered non-stop direct services
                                                                between the city pairs concerned when its intermediate
                                                                stops are not longer than 3 minutes and the total
                                                                stopping time does not exceed 10 minutes.
                                                                2 to 8 Unchanged
 9. Except as provided for in paragraph 10, the                 9. Except as provided for in paragraph 10, the following
                                                                                                                      a
 following                     shall                    apply:  shall                                                   Pply:
 (a) for direct services, no flights shall be featured more     (a) for direct services, no flights shall be featured more
 than       once       in     a       principal       display;  than        once        in    a      principal       display;
 (b) for multi-sector services involving a change of            (b) for multi-sector services involving a change of
 aircraft, no combination of flights shall be featured          aircraft, no combination of flights shall be featured
 more than once in a principal display;                          more than once             in a principal           display;
 (c) flights involving a change of aircraft shall be treated    (c) (lights involving a change of aircraft shall be treated
 and displayed as connecting flights, with one line per         and displayed as connecting (lights, with one line per
 aircraft                                            segment.    aircraft                                           segment.
 Nevertheless, where the flights are operated by the             Delete
  same carrier with the same flight number and where a
  carrier only requires only one flight coupon and one
  reservation, a CRS should only issue one coupon and
  charge for one reservation
                                                                 10.1 Unchanged
   10.2. Where more than two carriers are involved,               10.2 Where more than two carriers are involved,
  designation of the two carriers entitled to avail              designation of the two carriers entitled to avail
  themselves of the exception provided for in                     themselves of the exception provided for in
  subparagraph 1 shall be a matter for the carrier actually       subparagraph 1 shall be a matter for the carrier actually
  operating the flight. In the absence of sufficient              operating the flight. In the absence of sufficient
   information from the operating carrier to identify the         information from the operating carrier to identify the
 ---pagebreak--- two carriers to be designated, a system vendor may two carriers to be designated, a system vendor shall
designate the carriers on a non-discriminatory basis.       designate the carriers on a non-discriminatory basis.
                                                Annex II, point 2:
2. A subscriber shall not make duplicate reservations       2. A subscriber shall not deliberately make duplicate
for the same passenger. In cases where confirmed            reservations for the same passenger. In cases where
space is not available on the customer's choice, the        confirmed space is not available on the customer's
passenger may be waitlisted on that flight (if wait-list is choice, the passenger may be waitlisted on that flight (if
available) and confirmed on an alternate flight             wait-list is available) and confirmed on an alternate
                                                            flight.
 ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                           COM(98) 381 final
                                             DOCUMENTS
EN                                                             15 07 16 10
                                    Catalogue number : CB-C0-98-393-EN-C
                                                             ISBN 92-78-37251-X
Office for Official Publications of the European Communities
L-2985 Luxembourg
                                               40
 ---documentbreak--- 31.7.98              EN                 Official Journal of the European Communities                                C 240/17
              Amended proposal for a Council Regulation (EC) amending Council Regulation (EEC)
                    No 2299/89 on a code of conduct for computerised reservation systems (CRSs)Ø(Î)
                                                         (98/C 240/06)
                                                    (Text with EEA relevance)
                                            COM(1998) 381 final — 97/0148(SYN)
              (Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 15 June 1998)
              (Î)ÙOJ C 267, 3.9.1997, p. 67.
                    ORIGINAL PROPOSAL                                                  AMENDED PROPOSAL
Whereas information or distribution facilities offered by           Whereas information or distribution facilities offered by
carriers having joint venture or other contractual                  one carrier or carriers having joint venture or other
arrangements should not be subject to the code                      contractual arrangements should not be subject to the
provisions;                                                         code provisions on condition that the counter, check-in
                                                                    or Web site of such a carrier or of carriers with such
                                                                    arrangements can be clearly identified by the public;
                                      Article 1(1): Article 1 is replaced by the following
This Regulation shall apply to computerised reservation             This Regulation shall apply to computerised reservation
systems to the extent that they contain air transport               systems to the extent that they contain air transport
products with or without the incorporation of rail                  products, and to the extent that rail products are incor-
products, when offered for use and/or used in the                   porated in the principal display, when offered for
territory of the Community, irrespective of:                        use and/or used in the territory of the Community,
                                                                    irrespective of:
—Ùthe status of nationality of the system vendor,                   —Ùthe status of nationality of the system vendor,
—Ùthe source of the information used or the location of             —Ùthe source of the information used or the location of
    the relevant central data processing unit,                          the relevant central data processing unit,
—Ùthe geographical location of the airports between                 —Ùthe geographical location of the airports between
    which air carriage takes place.                                     which air carriage takes place.
 ---pagebreak--- C 240/18             EN                Official Journal of the European Communities                                    31.7.98
                    ORIGINAL PROPOSAL                                                   AMENDED PROPOSAL
                                 Article 1(2)(a): Article 2(l) is replaced by the following:
(l)Ù‘subscriber’ means a person, other than a consumer,             (l)Ù‘subscriber’ means a person, other than a consumer,
    or an undertaking, other than a participating carrier,              or an undertaking, other than a participating carrier,
    using a CRS under contract or other financial                       using the information and/or distribution facilities
    arrangement with a system vendor;                                   for air, with or without rail, transport products of a
                                                                        CRS under contract or other financial arrangement
                                                                        with a system vendor;
                                            Article 1(2)(c): Article 2(q) is added:
(q)Ù‘rail transport operator’ means any private or public           (q)Ù‘rail transport operator’ means any private or public
     undertaking whose main business is to provide rail                  undertaking which provides rail transport services to
     transport services to passengers.                                   passengers
                                   Article 1(3): Article 3a(1)(b) is amended as follows:
(b)ÙThe parent carrier shall not be obliged to accept any           (b)ÙThe parent carrier shall not be obliged to accept any
     costs in this connection except for reproduction of                 costs in this connection except for reproduction of
     the information to be provided and for accepted                     the information to be provided and for accepted
     bookings. The booking fee payable to a CRS for an                   bookings. The booking fee payable to a CRS for an
     accepted booking made in accordance with this                       accepted booking made in accordance with this
     Article should not exceed the fee charged by the                    Article should not exceed the fee charged by the
     same CRS for the nearest equivalent transaction.                    same CRS to participating carriers for an equivalent
                                                                         service.
                                     New Article 1(3a): A new Article 4(1a) is added:
1.ÚÙParticipating carriers and other providers of air               1.ÚÙParticipating carriers and other providers of air
transport products shall ensure that the data which they            transport products shall ensure that the data which they
decide to submit to a CRS is accurate, non-misleading,              decide to submit to a CRS is accurate, non-misleading,
transparent and no less comprehensive than for any                  transparent and no less comprehensive than for any
other CRS. The data shall, inter alia, enable a system              other CRS. The data shall, inter alia, enable a system
vendor to meet the requirements of the ranking criteria             vendor to meet the requirements of the ranking criteria
as set out in the Annex.                                            as set out in the Annex.
Data submitted via intermediaries shall not be                      Data submitted via intermediaries shall not be
manipulated by them in a manner which would lead to                 manipulated by them in a manner which would lead to
inaccurate, misleading or discriminatory information.               inaccurate, misleading or discriminatory information.
 ---pagebreak--- 31.7.98                EN               Official Journal of the European Communities                                  C 240/19
                      ORIGINAL PROPOSAL                                                 AMENDED PROPOSAL
                                                                  1a.ÚÙSuch principles shall apply to rail services in
                                                                  respect of data provided for inclusion in the principal
                                                                  display.
2.ÚÙA system vendor shall not manipulate the material             2.ÚÙA system vendor shall not manipulate the material
referred to in paragraph 1 in a manner which would lead           referred to in paragraph 1 in a manner which would lead
to the provision of inaccurate, misleading or discrimi-           to the provision of inaccurate, misleading or discrimi-
natory information.                                               natory information.
3.ÚÙA system vendor shall load and process data                   3.ÚÙA system vendor shall load and process data
provided by participating carriers with equal care and            provided by participating carriers with equal care and
timeliness, subject only to the constraints of the loading        timeliness, subject only to the constraints of the loading
method selected by individual participating carriers and          method selected by individual participating carriers and
to the standard formats used by the said vendor.                  to the standard formats used by the said vendor.
                                  New Article 1(4a): Article 6(1)(b) is amended as follows:
1.ÚÙThe following provisions shall govern the avail-              1.ÚÙThe following provisions shall govern the avail-
ability of information, statistical or otherwise, by a            ability of information, statistical or otherwise, by a
system vendor from its CRS:                                       system vendor from its CRS:
(a)Ùinformation concerning individual bookings shall be           (a)Ùinformation concerning individual bookings shall be
     provided on an equal basis and only to the air                    provided on an equal basis and only to the air
     carrier(s) participating in the service covered by and            carrier(s) participating in the service covered by and
     to the subscriber(s) involved in the booking;                     to the subscriber(s) involved in the booking;
(b) any marketing, booking and sales data made                    (b) any marketing, booking and sales data made
     available shall be on the basis that:                             available shall be on the basis that:
       (i)Ùsuch data is offered with equal timeliness and on             (i)Ùsuch data is offered with equal timeliness and on
           a non-discriminatory basis to all participating                   a non-discriminatory basis to all participating
           carriers, including parent carriers;                              carriers, including parent carriers;
      (ii) such data may, and, on request, shall cover all              (ii) such data may, and, on request, shall cover all
           participating carriers and/or subscribers, but                    participating carriers and/or subscribers, but
           shall include no identification of or personal                    shall include no identification, either directly or
           information on a passenger or a corporate user;                   indirectly, of, or, personal information on, a
                                                                             passenger or a corporate user;
     (iii) all requests for such data are treated with equal           (iii) all requests for such data are treated with equal
           care and timeliness, subject to the transmission                  care and timeliness, subject to the transmission
           method selected by the individual carrier.                        method selected by the individual carrier;
 ---pagebreak--- C 240/20             EN                 Official Journal of the European Communities                                      31.7.98
                     ORIGINAL PROPOSAL                                                    AMENDED PROPOSAL
                                                                         (iv) information shall on request be available to
                                                                               participating carriers and/or subscribers both
                                                                               globally and selectively with regard to the
                                                                               market in which they operate;
                                                                          (v) a group of airlines and/or subscribers shall be
                                                                               entitled to purchase data for common
                                                                               processing.
2.ÚÙA system vendor shall not make personal                          2.ÚÙA system vendor shall not make personal
information concerning a passenger available to others               information concerning a passenger available to others
not involved in the transaction without the consent of               not involved in the transaction without the consent of
the passenger.                                                       the passenger.
3.ÚÙA system vendor shall ensure that the provisions in              3.ÚÙA system vendor shall ensure that the provisions in
paragraphs 1 and 2 are complied with, by technical                   paragraphs 1 and 2 are complied with, by technical
means and/or appropriate safeguards regarding at least               means and/or appropriate safeguards regarding at least
software, in such a way that information provided by or              software, in such a way that information provided by or
created for air carriers can in no way be accessed by one            created for air carriers can in no way be accessed by one
or more of the parent carriers except as permitted by this           or more of the parent carriers except as permitted by this
Article.                                                             Article.
Paragraphs 4 and 5: deleted                                          Paragraphs 4 and 5: deleted
                                    Article 1(7): Article 10(1) is replaced by the following:
1.Ù(a)ÙAny fee charged to a participating carrier by a               1.Ù(a)ÙAny fee charged to a participating carrier by a
        system vendor shall be non-discriminatory,                           system vendor shall be non-discriminatory,
        reasonably structured and reasonably related to                      reasonably structured and reasonably related to
        the cost of the service provided and used and                        the cost of the service provided and used and
        shall, in particular, be the same for the same level                 shall, in particular, be the same for the same level
        of service.                                                          of service.
        The billing for the services of a CRS shall be                       The billing for the services of a CRS shall be
        sufficiently detailed to allow the participating                     sufficiently detailed to allow the participating
        carriers and subscribers to see exactly which                        carriers and subscribers to see exactly which
        services have been used and the fees therefor; as a                  services have been used and the fees therefor; as a
        minimum, booking fee bills must include the                          minimum, booking fee bills must include the
        following information for each segment:                              following information for each segment:
        —Ùtype of CRS booking,                                               —Ùtype of CRS booking,
        —Ùpassenger name,                                                    —Ùpassenger name,
        —Ùcountry,                                                           —Ùcountry,
        —ÙIATA/ARC agency identification code,                               —ÙIATA/ARC agency identification code,
        —Ùcity-code,                                                         —Ùcity-code,
        —Ùcity pair of segment,                                              —Ùcity pair of segment,
 ---pagebreak--- 31.7.98             EN                Official Journal of the European Communities                              C 240/21
                    ORIGINAL PROPOSAL                                              AMENDED PROPOSAL
       —Ùbooking date (transaction date),                              —Ùbooking date (transaction date),
       —Ùflight date                                                   —Ùflight date
       —Ùflight number,                                                —Ùflight number,
       —Ùstatus code (booking status),                                 —Ùstatus code (booking status),
       —Ùservice type (class of service),                              —Ùservice type (class of service),
       —ÙPNR record locator,                                           —ÙPNR record locator,
       —Ùbooking/cancellation indicator.                               —Ùbooking/cancellation indicator.
       The billing information shall be offered on                     The billing information shall be offered on
       magnetic media. The fee to be charged for the                   magnetic media. The fee to be charged for the
       billing information provided on magnetic media                  billing information provided on magnetic media
       shall not exceed the cost of the media itself                   shall not exceed the cost of the media itself
       together with transportation costs thereof.                     together with transportation costs thereof.
       A participating air carrier shall be offered the                A participating air carrier shall be offered the
       facility of being informed at the time that any                 facility of being informed at the time that any
       booking/transaction is made for which a booking                 booking/transaction is made for which a booking
       fee will be charged. Where a carrier elects to be               fee will be charged. Where a carrier elects to be
       so informed, it shall be offered the option to                  so informed, it shall be offered the option to
       disallow such booking/transaction, unless the                   disallow such booking/transaction, unless the
       latter has already been accepted.                               latter has already been accepted.
   (b)ÙAny fee for equipment rental or other service               (b)ÙAny fee for equipment rental or other service
       charged to a subscriber by a system vendor shall                charged to a subscriber by a system vendor shall
       be non-discriminatory, reasonably structured and                be non-discriminatory, reasonably structured and
       reasonably related to the cost of the service                   reasonably related to the cost of the service
       provided and used and shall, in particular, be the              provided and used and shall, in particular, be the
       same for the same level of service. Productivity                same for the same level of service. Productivity
       based benefits awarded to subscribers by system                 based benefits awarded to subscribers by system
       vendors in the form of discount on rental charges               vendors in the form of discount on rental charges
       or commission payments, are considered as                       or commission payments, are considered as
       distribution costs of the system vendor.                        distribution costs of the system vendor and shall
                                                                       be based on ticketed segments. When, subject to
                                                                       Annex II(5), the system vendor is unaware of
                                                                       whether a ticket has been issued or not, then the
                                                                       system vendor shall be entitled to rely upon
                                                                       notification of the ticket number from the
                                                                       subscriber.
 ---pagebreak--- C 240/22              EN                Official Journal of the European Communities                                    31.7.98
                      ORIGINAL PROPOSAL                                                 AMENDED PROPOSAL
         The billing for the services of a CRS shall be                     The billing for the services of a CRS shall be
         sufficiently detailed to allow subscribers to see                  sufficiently detailed to allow subscribers to see
         exactly which services have been used and the fees                 exactly which services have been used and the fees
         therefor;                                                          therefor;
                                     Article 1(9): Article 21 is replaced by the following
The provisions in Article 5, Article 9(5) and the Annex             The provisions in Article 5, Article 9(5) and the Annexes
to this Regulation shall not apply to a CRS used by an              to this Regulation shall not apply to a CRS used by an
air carrier or a group of air carriers, which have a joint          air carrier or a group of air carriers, which have a joint
venture or other contractual arrangement, but excluding             venture or other contractual arrangement, but excluding
interline agreement, in its (their) own office(s) and sales         interline agreement,
counters clearly identified as such.                                (a)Ùin its (their) own office(s) and sales counters clearly
                                                                         identified as such;
                                                                    (b) to provide information and/or distribution facilities
                                                                         accessible through a public telecommunications
                                                                         network, clearly and continuously identifying the
                                                                         information provider(s) as such.
                                Article 1(11): The following Articles 21b and 21c are added:
                                                           Article 21b
A rail transport operator will be considered as a partici-          A rail transport operator will be considered as an air
pating carrier for the purposes of the code on condition            carrier for the purposes of the code to the extent that it
that it has an agreement with a system vendor for the               has an agreement with a system vendor for the
distribution of its products through a CRS. Its services            distribution of its products through the principal display
shall be treated in the same manner as air transport                of a CRS, or its own reservation system is a CRS. Those
products and be incorporated into the principal display             products shall be treated in the same manner as air
in accordance with the criteria set out in Annex I to the           transport products and be incorporated into the principal
code. All references to ‘flights’ in this Regulation shall be       display in accordance with the criteria set out in Annex I
deemed also to include references to ‘rail travel’.                 to the code. In this context, all references to ‘flights’ in
                                                                    this Regulation shall be deemed also to include
                                                                    references to ‘rail travel’.
                                                           Article 21c
Where two or more carriers have a joint venture or other            Delete
contractual arrangement, but excluding interline
agreement, to provide information and/or distribution
facilities accessible through a public telecommunications
network, clearly identifying the arrangement as such, the
information/distribution facilities will not be subject to
the provisions of the code.
 ---pagebreak--- 31.7.98                  EN                 Official Journal of the European Communities                                       C 240/23
                        ORIGINAL PROPOSAL                                                      AMENDED PROPOSAL
                                                                  ANNEX I
Principal display ranking criteria for flights offering unbundled      Principal display ranking criteria for flights offering unbundled
air transport products.                                                air transport products.
 1.ÙØÙRanking of flight options in a principal display, for the         1.    Ranking of flight options in a principal display, for the
       day or days requested, shall be in the following order                 day or days requested, shall be in the following order
       unless requested in a different way by a consumer for an               unless requested in a different way by a consumer for an
       individual transaction:                                                individual transaction:
        (i)Ùall non-stop direct flights between the city-pairs                 (i)Ùall non-stop direct flights between the city-pairs
            concerned:                                                             concerned:
       (ii) all other flights.                                                (ii) all other flights.
                                                                              Rail services will be considered non-stop direct services
                                                                              between the city-pairs concerned when its intermediate
                                                                              stops are not longer than three minutes and the total
                                                                              stopping time does not exceed 10 minutes.
                                                                        2 to 8 unchanged
 9.ÙØÙExcept as provided for in paragraph 10, the following             9.    Except as provided for in paragraph 10, the following
       shall apply:                                                           shall apply:
       (a)Ùfor direct services, no flights shall be featured more             (a)Ùfor direct services, no flights shall be featured more
            than once in a principal display;                                      than once in a principal display;
       (b) for multi-sector services involving a change of aircraft,          (b) for multi-sector services involving a change of aircraft,
            no combination of flights shall be featured more than                  no combination of flights shall be featured more than
            once in a principal display;                                           once in a principal display;
       (c) flights involving a change of aircraft shall be treated            (c) flights involving a change of aircraft shall be treated
            and displayed as connecting flights, with one line per                 and displayed as connecting flights, with one line per
            aircraft segment.                                                      aircraft segment.
       Nevertheless, where the flights are operated by the same               Delete
       carrier with the same flight number and where a carrier
       only requires one flight coupon and one reservation, a
       CRS should only issue one coupon and charge for one
       reservation.
                                                                       10.1.ÙUnchanged
 ---pagebreak--- C 240/24              EN                   Official Journal of the European Communities                                              31.7.98
                      ORIGINAL PROPOSAL                                                         AMENDED PROPOSAL
10.2.ÙWhere more than two carriers are involved, designation of          10.2.ÙWhere more than two carriers are involved, designation of
      the two carriers entitled to avail themselves of the                      the two carriers entitled to avail themselves of the
      exception provided for in subparagraph 1 shall be a matter                exception provided for in subparagraph 1 shall be a matter
      for the carrier actually operating the flight. In the absence             for the carrier actually operating the flight. In the absence
      of sufficient information from the operating carrier to                   of sufficient information from the operating carrier to
      identify the two carriers to be designated, a system vendor               identify the two carriers to be designated, a system vendor
      may designate the carriers on a non-discriminatory basis.                 shall designate the carriers on a non-discriminatory basis.
                                                             Annex II, point 2:
2.ÙA subscriber shall not make duplicate reservations for the            2.ÙA subscriber shall not deliberately make duplicate reser-
   same passenger. In cases where confirmed space is not                    vations for the same passenger. In cases where confirmed
   available on the customer’s choice, the passenger may be                 space is not available on the customer’s choice, the passenger
   wait-listed on that flight (if wait-list is available) and               may be wait-listed on that flight (if wait-list is available) and
   confirmed on an alternative flight.                                      confirmed on an alternative flight.