CELEX: 51993PC0405
Language: en
Date: 1993-09-29
Title: Amended proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 2299/89 on a code of conduct for computerized reservation systems

COMMISSION OF THE EUROPEAN COMMUNITIES
                                            C0M(93) 405 final
                                            Brussels» 29 September 1993
                       Amended proposal for a
                      COUNCIL REGULATION (EEC)
                         amending Régulât ion
               (EEC) No 2299/89 on a code of conduct
               for computerized reservation systems
      (presented by the Commission pursuant to Article 149(3)
                          of the EEC-Treaty)
 ---pagebreak---                                  - 2-
                         EXPLANATORY MEMORANDUM
    On 23 September 1992 the Commission presented its proposal for a
    Council Regulation amending Regulation (EEC) N' 2299/89 on a code
    of conduct for computer reservation systems.(1)
2.  At its Plenary Session of 27 May 1993, the European Parliament
    approved the Commission's proposal subject to certain amendments.
3.  After careful examination the Commission has decided to agree to
    all of the amendments subject to minor modifications in amendments
    n* 6 and 7 which are listed hereunder.
    The Parliament requests an earlier review date of the whole
    Regulation (amendment n" 6 ) , but it might be possible that only
    parts of the Regulation, in particular dehosting, should be given
    an accelerated review.
    With respect to amendment n* 7 on the date of entering into force a
    more general wording has been used to meet the same concern.
(1) C0M(92) 404 final of 23.09.1992
 ---pagebreak---                                         - 3 -
                             Amended proposaI for a
                            COUNCIL REGULATION (EEC)
                               amending Regulation
                     (EEC) No 2299/89 on a code of conduct
                      for computerized reservation systems
        Commission text                            Amendments
                               (Amendment No. 1)
                                  Article 1(2)
                Article 3a(1)(a) (Regulation (EEC) No. 2299/89)
A parent carrier may not discriminate      A parent carrier may not discriminate
against a competing CRS by refusing        against a competing CRS by refusing^
to provide to a competing CRS with         when so requested. to provide to a
equal timeliness the same information      competing CRS with equal timeliness
on schedules, fares and availability       the same information on schedules,
relating to its own air services as        fares and availability relating to
it provides to its CRS or to               its own air services as it provides
distribute its air transport products      to its CRS or to distribute its air
through another CRS to the same            transport products through another
extent. at the same level. as              CRS as through its own CRS, or by
promptly or on comparable terms as         refusing to accept a reservation made
through its own CRS, or by refusing        through a competing CRS for any of
to accept a reservation made through       its air transport products which are
a competing CRS for any of its air        distributed through its own CRS.
transport    products    which     are
distributed through its own CRS.
                               (Amendment No. 2)
                                  Article 1(3)
                Article 5(2)(b) (Regulation (EEC) No. 2299/89)
The consumer shall be afforded the        The consumer shall be afforded the
possibility of having, on request,        possibility of having, on request,
the principal display limited to           the principal display limited to
scheduled air services.                    scheduled   or    non-scheduled   air
                                           services.
 ---pagebreak---                                 - A -
                               (Amendment No. 3)
                                  Article 1(3)
              Article 6(4) (new) (Regulation (EEC) No, 2299/89)
                                               In cases where the internal
                                               reservation system of one or more
                                               parent carriers is not separated
                                               from the CRS and is used for the
                                               activities    of    the    parent
                                               carrier(s). the system vendor
                                               shall make available to the
                                               participating carriers on their
                                               request three months after this
                                               new code of conduct enters into
                                               force    information    on    the
                                               technical   and    administrative
                                               precautions taken bv the system
                                               vendor to ensure compliance with
                                               the provisions of paragraphs 1 to
                                               1±
                               (Amendment No. 4)
                                  Article 1(4)
                  Article 7(1) (Regulation (EEC) No. 2299/89)
The obligations of a system vendor        The obligations of a system vendor
under Articles 3 to 6 shall not apply     under Articles 3 and 4 to 6 shall not
in respect of a parent carrier of a       apply in respect of a parent carrier
third country to the extent that its      of a third country to the extent that
CRS outside the territory of the          its CRS outside the territory of the
Community does not offer Community        Community does not offer Community
air carriers equivalent treatment to      air carriers equivalent treatment to
that provided under this Regulation       that provided under this Regulation
and under Commission Regulation (EEC)     and under Commission Regulation (EEC)
No ...                                    No .. .
 ---pagebreak---                                   - 5 -
                               (Amendment No. 5)
                                  Article 1(7)
       Article 10(1) second subparagraph (Regulation (EEC) No. 2299/89)
The billing for the services of a CRS      The billing for the services of a CRS
shall be sufficiently detailed to          shall be sufficiently detailed to
allow the participating carriers and       allow the participating carriers and
subscribers to see exactly which           subscribers to see exactly which
services have been used and the fees       services have been used and the fees
therefore.                                 therefor.     Statements forwarded to
                                          participating carriers shall contain
                                          at least the following information on
                                          each service rendered:
                                          -     type of CRS booking.
                                          -    passenger name,
                                          -    country.
                                          -     IATA/ARC identification code.
                                          -    citv code.
                                          -    citv-pair or segment.
                                          -    booking date.
                                          -    flight date.
                                          z.   flight number.
                                          -    status code (booking status).
                                          -    service class.
                                          -    PNR identification number.
                                          -    booking/cancellation indicator,
                                          and shall be made available on
                                          electronic media at the request of
                                          the participating carrier.
                              (Amendment No. 6)
                                 Article 1(9)
                  Article 23 (Regulation (EEC) No. 2299/89)
  The Council shall decide on the             The Council shall decide on
   revision of this Regulation by             the    revision of this
   31 December 1997. on the basis             Regulation by 31 December
  of a Commission proposal to be              1997, on the basis of a
  submitted by 31 March 1997                 Commission proposal to be
  accompanied by a report on the             submitted by 31 March 1997
  application of this Regulation.            accompanied by a report on the
                                             aplication of this Regulation.
                                             The Council shall review the
                                             application of Article 4(4)
                                             and 6(3), based on a report to
                                             be submitted, at the latest by
                                             the end of 1994, by the
                                             Commission.
 ---pagebreak---                                      - 6 -
                                (Amendment No. 7)
                          Article 2 first subparagraph
  This Regulation shall enter              This Regulation shall enter into
   into force on 1 Apr iI 1993.            force on the thirthieth day
                                           following that of its publication
                                            in the Official Journal of the
                                           European Communities.
                                 (Amendment No. 8)
                Annex, paragraph 8, second and third sentences
For direct services, no flight shall        For direct services, no flight shall
be shown more than once in a                be shown more than once in a
principal display.                          principal display, or twice in the
                                            case of code-sharing and/or joint
For multi-sector services involving a       venture flights in the sense of
change of aircraft, no combination of       blocked-space arrangements.
flights shall be shown more than once
in a principal display.                     For multi-sector services involving a
                                            change of aircraft, no combination of
                                            flights shall be shown more than once
                                            in a principal display, or tWJÇS,iff
                                            the case of code-sharing and/or joint
                                            venture flights in the sense of
                                            blocked-space arrangements.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(93) 405 finaf
                                                      DOCUMENTS
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                                 Catalogue number : CB-CO-93-441-EN-C
                                                             ISBN 92-77-58938-8
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