What changed

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

P10_TA(2026)0347

on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EC) No 261/2004, (EC) No 1107/2006, (EU) No 1177/2010, (EU) No 181/2011 and (EU) 2021/782 as regards enforcement of passenger rights in the Union

Transport: enforcement of passenger rights in the Union

(COM(2023)0753 – C90434/2023 – 2023/0437(COD))

Committee on Transport and Tourism

PE768.111

European Parliament legislative resolution of 20 October 2026 on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EC) No 261/2004, (EC) No 1107/2006, (EU) No 1177/2010, (EU) No 181/2011 and (EU) 2021/782 as regards enforcement of passenger rights in the Union (COM(2023)0753 – C9-0434/2023 – 2023/0437(COD))

(Ordinary legislative procedure: first reading)

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0753),

– having regard to Article 294(2),294(2) Articleand Articles 91(1) and Article 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90434/2023),

– having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of 20 March 2024,

– after consulting the Committee of the Regions,

– having regard to the provisional agreement approved by the committee responsible under Rule 75(4) of its Rules of Procedure, and the undertaking given by the Council representative by letter of 15 July 2026 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

– having regard to Rules 60 and 41 of its Rules of Procedure,

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Recital 2 a (new): (2a) In the interest of fair international competition and in order to ensure that passengers are protected by a uniform and coherent framework of rights, Regulation (EC) No 261/2004 should apply to all flights within the Union, as well as to all flights departing from or arriving in the Union.

P10_TC1-COD(2023)0437

Recital 4: (4) Simplification, consistency and harmonisationPosition of the rules of Regulation (EC) No 261/2004, Regulation (EC) No 1107/2006, Regulation (EU) No 1177/2010, and Regulation (EU)European NoParliament 181/2011adopted isat requiredfirst especiallyreading ason regards20 rulesOctober dealing2026 with thea informationview to passengers on their rights before and during the journey, enforcement of passenger rights, national enforcement bodies powers and complaint handling for passengers. The existing rules in those Regulations should be amended to complement and harmonize thoseadoption of the recently adopted Regulation (EU) 2021/7822026/… of the European Parliament and of the Council9 as regards, designation and tasks of national enforcement body,Council complaints,amending complaintRegulations handling(EC) byNo national261/2004, enforcement(EC) bodyNo or1107/2006, other(EU) bodies,No forms1177/2010, to(EU) requestNo reimbursements181/2011 and compensation, service quality standards, obligations for carriers to share(EU) information2021/782 withas nationalregards enforcement bodies, and information of passengers by national enforcement bodiespassenger onrights alternativein disputethe resolution.Union

Recital 4 a (new): (4a) The growing diffusion of claim agencies, private entities assisting passengers in claiming compensation under Regulation (EC) No 261/2004, clearly indicates the difficulties passengers face in obtaining the enforcement of their rights directly from air carrier; this phenomenon highlights that, in many cases, the complaint procedure and the recognition of compensation prove to be burdensome, uncertain, or excessively time-consuming for passengers, leading them to resort to commercial intermediaries who, retain a significant portion of the compensation due to the passengers themselves. This is symptomatic of the need to revise Regulation (EC) No 261/2004 in certain provisions, in order to enhance the effectiveness of its enforcement and to introduce more adequate mechanisms ensuring that air carriers comply with their obligations without requiring passengers to rely on costly intermediaries.

(Text with EEA relevance)

Recital 5: (5) At present, as regards air tickets booked via an intermediary, the reimbursement process is unclear and should therefore be clarified. The intermediaries are involved in the reimbursement process in two different ways: either they transmitted the passenger’s (credit card) payment details directly to the carrier (‘pass-through’ intermediary), and the air carrier reverses the original payment flow so that the reimbursement arrives directly on the passenger’s account. Or the intermediary paid the air carrier from its own account (‘Merchant of Record’ intermediary), and when the air carrier reverses the payment flow, the reimbursement payment arrives on the intermediary’s account. The intermediary then transfers the final reimbursement payment to the passenger. Where the procedure consists of intermediaries transmitting the passengers payment details directly to the carrier, such procedure should be in line with the provisions laid down in Article 8 on the right to reimbursement and or re-routing. Passengers are often not aware which reimbursement process the intermediary chooses. The intermediary and the air carrier should inform the passenger about the reimbursement process. In particular, the intermediary should state in a manner that is clear and a form that is highly visible , including during the process of booking, whether it there is an agreement with the air carrier selected to sell their tickets for the processing of reimbursements, and if so which one does so.

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Recital 14: (14) Air passenger rights regulation should ensure its objective of raising standards of protection and of information for passengers, strengthening their rights and ensuring that air carriers operate under harmonised conditions, including hand baggage dimensions. In accordance with the CJEU ruling in case C-487/12, hand baggage (i.e. luggage that is not checked in) should be considered as constituting a ‘necessary aspect’ of the carriage of passengers on condition that such baggage meets ‘reasonable requirements’ in terms of its weight and dimensions, and that its carriage should not, therefore, be made subject to a price supplement. Regarding air passenger rights, the airline industry should collaborate to establish a unique and standardized dimensions for personal items and cabin luggage. These standards should align with the safety, operational, and technical requirements of various aircraft types and configurations. The publication of implementation reports by carriers on their quality standards should allow users to compare and make informed choices, encourage competition based on the quality of services, and facilitate uniform monitoring and enforcement by the national enforcement bodies. Airlines should also communicate carry-on baggage dimensions clearly to passengers.

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91(1) and Article 100(2) thereof,

Recital 14 a (new): (14a) Greater clarity needs to be provided in the cases that a personal item or hand luggage is left behind or lost in the aircraft cabin in order to facilitate the handling of such requests, ensuring a streamlined process and preventing any additional burden or miscommunication for passengers.

Having regard to the proposal from the European Commission,

Recital 14 b (new): (14b) The concept of extraordinary circumstances has been subject to abundant case law. Greater clarity should be provided on what constitutes extraordinary circumstances to allow air passenger rights to be effectively and consistently enforced. In the light of case law, a distinction should be made between events originating internally and those originating externally to the air carrier. Events shall be considered external when they arise from circumstances beyond the air carrier’s control and result from a natural event or an act of a third party. Such external events shall be generally qualified as extraordinary circumstances. Events that do not meet these criteria shall be deemed internal and shall not be qualified as extraordinary circumstances

After transmission of the draft legislative act to the national parliaments,

Recital 17: (17) In the light of Article 9 of the United Nations Convention on the Rights of Persons with Disabilities and in order to give persons with disabilities and persons with reduced mobility opportunities for air travel comparable to those of other citizens, if an air carrier, its agents or a tour operator requires a person with disabilities or person with reduced mobility to be accompanied by another person who is capable of providing the assistance required by applicable safety requirements established by international, Union or national law or by the competent authorities, the accompanying person should travel free of charge and sit next to the person with disability and reduced mobility. In addition, mobility equipment , including wheelchairs and assistive devices, is essential for passengers with disabilities and reduced mobility and its replacement remain difficult and costly. The loss or damage of such items has a significantly greater impact on the person concerned and therefore it should not be considered as standard luggage. Such items warrant specific treatment, higher standards of care during handling, and distinct liability and compensation provisions. Air carriers should provide full compensation to passengers in case of loss or damaged in respect to mobility equipment, assistive devices and recognised assistance dogs. In addition, free seating for the accompanying person and full liability for damaged mobility equipment in air transport should be aligned with the …

Having regard to the opinion of the European Economic and Social Committee,

Recital 17 a (new): (17a) The European Commission, in cooperation with Member States and organisations representing persons with disabilities and recognised assistance dog handlers, should assess the situation in each Member State, while taking into account their specificities and act, including through legislation, to ensure that recognised assistance dogs are mutually recognised throughout the EU. In case a person with disability is permitted to travel with a recognised assistance dog on the outbound flight, the dog shall be regarded as a recognised assistance dog for the entire duration of the journey, including the return flight, in order to ensure uniform access and non-discrimination throughout the Union.

After consulting the Committee of the Regions▌,

Recital 17 b (new): (17b) A proactive, collaborative approach is needed to identify and remove accessibility barriers for PRMs while maintaining aviation safety as the top priority. To ensure consistency and a data-based legislation, a comprehensive study should assess how PRMs are accommodated by airlines and airports and thus eventually identifying inconsistencies in current practices. Particular attention should be paid to the fact that, according to Article 4(1) of Regulation (EC) No 1107/2006 (PRM Regulation), airlines may only refuse carriage to PRMs based on their disability or reduced mobility due to safety reasons, and it is questionable whether there are different interpretations of the latter. Coordination between EASA, the airline industry, airports and representatives of PRM is essential to establish clear, uniform safety criteria. Based on the findings, EASA should set common standards for European flights, with efforts to align globally through ICAO.

Acting in accordance with the ordinary legislative procedure,

Recital 21 a (new): (21a) “The Flight Emissions Label established pursuant to Article 14 of Regulation (EU) 2023/2405 of the European Parliament and the Council is at the disposal of the service providers should they want to display, easily accessible on their websites and on tickets, accurate and objective information regarding the environmental impact of their travel on a comparable way.”

Whereas:

Regulation (EC) No 261/2004

(1) In order to ensure effective protection of passengers’ rights in the Union when travelling by air, rail, sea and inland waterways, and by bus and coach transport, a number of amendments should be made to Regulations (EC) No 261/2004, (EC) No 1107/2006, ▌ (EU) No 1177/2010, ▌ (EU) No 181/2011 and (EU) 2021/782 ▌ of the European Parliament and of the Council.

Article 1 – paragraph 1 – point -1 (new), Article 2 – paragraph 1 – point l: (-1) In Article 2, point l is replaced by the following: / ‘(l) ‘cancellation’ means the non-operation of a flight which was previously planned and on which at least one place was reserved. It shall be considered a cancelled flight when the aircraft took off but was subsequently forced to land at an airport other than the airport of destination, or to return to the airport of departure, or where the passengers of the aircraft concerned were transferred to departure on other flights, or when the departure time was brought forward by more than an hour by the air carrier.’

(2) Effective passenger rights should encourage an increase in travel by public transport, which is an objective set out in the Commission’s Communication of 9 December 2020 entitled ‘Sustainable and Smart Mobility Strategy – putting European transport on track for the future’.

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Regulation (EC) No 261/2004

(3) Following its comprehensive evaluations of Regulations (EC) No 1107/2006, ▌ (EU) No 1177/2010 and ▌ (EU) No 181/2011 ▌ carried out between 2019 and 2020, the Commission concluded that the effectiveness of Union passenger rights legislation is compromised by a lack of awareness among passengers of their rights and of the existing provisions about exercising those rights. In addition, those evaluations also concluded that passengers, including persons with disabilities and persons with reduced mobility, do not fully benefit from their rights due to shortcomings in the application of those rights by carriers, airport managing bodies, station managers, port terminal operators, bus terminal managing bodies and intermediaries, on the one hand, and shortcomings in the enforcement of passengers’ rights by the national enforcement authorities, on the other. ▌

Article 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point z a (new): (za) “cost of the air ticket” means final price to be paid at the end of the reservation process that includes the air fare and all applicable taxes, charges, surcharges and fees paid for all optional and non-optional services included in the ticket, excluding intermediation fees, regardless whether those extras and fees have been paid together with the fares for the transport service or separately at a later stage;

(4) There is a need for simplification, consistency and harmonisation across the various transport modes of the ▌ rules concerning: the designation and the tasks of national enforcement bodies; complaints; complaint handling by designated bodies; the obligation to share information on alternative dispute resolution; the procedure for requesting reimbursement or compensation; and the obligation of carriers to share information with national enforcement bodies. Regulation (EU) 2021/782 on rail passengers’ rights and obligations is a good starting point for revising the passenger rights acquis contained in Regulations (EC) No 261/2004, (EC) No 1107/2006, (EU) No 1177/2010 and (EU) No 181/2011.

Regulation (EC) No 261/2004

(5) The growing prevalence of claim agencies, which are private entities assisting passengers in claiming compensation under Regulation (EC) No 261/2004, clearly indicates that passengers continue to face difficulties in exercising their rights vis-à-vis air carriers. Strengthened enforcement of passenger rights could significantly reduce passengers’ reliance on such entities, which often retain for themselves a significant portion of the compensation otherwise due to the passengers.

Article 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point z b (new): (zb) “intermediation fee” means any difference between the amount paid by the passenger and the amount received by the air carrier for the same service, and which is collected by the intermediary;

(6) Passengers who book their flight through authorised intermediaries should be fully reimbursed for the price paid, including any intermediation fee, where applied, in the event of disruptions of their flight triggering the right to reimbursement. Full reimbursement of the intermediation fee serves the following objectives: ensuring a high level of protection for passengers ; preserving passengers’ freedom to make an informed choice in favour of the most financially advantageous booking channel without being put at a disadvantage in the event of disruptions triggering a right to reimbursement; and providing legal certainty for air carriers and intermediaries as to the scope of the reimbursement obligation. In order to ensure legal clarity for the passengers, air carriers and intermediaries alike, it is necessary to set out the principles and procedures governing the reimbursement of the intermediation fee.

Regulation (EC) No 261/2004

(7) In the context of the Union’s transport policy, in addition to the objective of protecting passengers it is also important to ensure a wide choice of intermediaries in order to facilitate travel and strengthen the internal market. However, the full application of all provisions set out in Regulation (EC) No 261/2004 also to micro-enterprises is likely to jeopardise the achievement of that aim, since that would be likely to put at risk the financial viability of intermediaries that are autonomous micro-enterprises within the meaning of Commission Recommendation 2003/361/EC. Therefore, such micro-enterprises should have the option not to reimburse passengers the entirety of the intermediation fee, provided that appropriate safeguards are in place, in particular that the passenger is informed at the start of the booking process that the intermediation fee would not be fully reimbursed. Since most bookings made through intermediaries do not involve micro-enterprises, it can reasonably be expected that such a derogation will not affect the smooth functioning of the internal market.

Article 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point z c (new): (zc) ‘service quality standards’ means key performance indicators measuring levels of performance and elements of compliance with passengers rights.

(8) At present, as regards tickets booked through an intermediary, the reimbursement process is unclear and should therefore be clarified. The intermediaries are involved in the reimbursement process in two different ways. Either they transmitted the passenger’s payment details directly to the carrier (a so-called ‘pass-through’ intermediary), and the air carrier reverses the original payment flow so that the reimbursement arrives directly on the passenger’s account. Alternatively, the intermediary pays the air carrier from its own account (a so-called ‘merchant of record’ intermediary), and when the air carrier reverses the payment flow, the reimbursement payment arrives on the intermediary’s account; the intermediary then transfers the final reimbursement payment to the passenger. Passengers are often not aware which reimbursement process is being chosen. Intermediaries ▌ should therefore inform passengers when offering tickets and before passengers finalise bookings whether the air carrier agrees to process reimbursement through the intermediary and about the reimbursement process as such.

Regulation (EC) No 261/2004

(9) Processing reimbursement payments through the intermediary that made the payment to the air carrier from its own account is a widespread air transport industry practice, and should therefore remain an option for air carriers.

Article 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point z d (new): (zd) 'recognised assistance dog' means a dog specifically trained to increase independence and self-determination of persons with disabilities, officially recognised in accordance with applicable national rules, where such rules exist.

(10) Regulation (EC) No 261/2004 provides that, in the case of a disruption, a passenger has a right to reimbursement within seven calendar days of the full price of the tickets and the intermediation fee, where applied. In accordance with this Regulation, if the air carrier elects to process reimbursements through the intermediary, the period for reimbursing the passenger should be extended to a maximum of 14 calendar days, in order to take into account the fact that there are two steps in the reimbursement process. The air carrier should therefore transfer the reimbursement payment to the intermediary within a maximum of seven calendar days, and the intermediary should transfer it to the passenger within no more than a further seven calendar days. If the passenger is not reimbursed at the latest within 14 calendar days, the passenger should, however, be entitled to receive the reimbursement directly from the air carrier.

Regulation (EC) No 261/2004

(11) If an intermediation fee is to be reimbursed, the question of whether it is the air carrier or the intermediary who bears the financial burden for that reimbursement should be a matter for the business-to-business relationship between that air carrier and that intermediary, independently of which one of them is to make the payment to the passenger.

Article 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point z e (new): (ze) ‘accessible format’ means a format that gives a person with disabilities or with reduced mobility access to any relevant information, including allowing such a person to have access to such information as easily and comfortably as a person without any impairments or disabilities, and that meets accessibility requirements defined in accordance with the applicable law, in particular with Annex I to Directive (EU) 2019/882;

(12) The intermediation fee constitutes an unavoidable component of booking a flight through an intermediary and should, if the ticket is not issued by the air carrier itself, be considered to have been authorised by it. Where an air carrier accepts that the intermediary issues airline tickets in its name and on its behalf, it should be assumed that the air carrier is necessarily aware of the intermediary’s commercial practice of charging the passenger an intermediation fee. Air carriers should be able to authorise the issuing or sale of their tickets through intermediaries in various ways, such as through direct commercial agreements, or indirectly through agreements with third parties issuing and reselling their tickets, or through industry agreements. However, the practice of ‘screen-scraping’, whereby an intermediary does not disclose to the airline that it is booking tickets as an intermediary, should not be permitted.

Regulation (EC) No 261/2004

(13) A passenger’s invoice from the intermediary should be considered to be sufficient evidence of the full price of the ticket and any intermediation fee paid, and should be accepted as such by the air carrier. However, the passenger should also be able to decide to rely on any other document or record showing the full price and any fee paid, such as bank transfer statements.

Article 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point z f (new): (zf) ‘personal item’: means a small bag or an article with maximum dimensions of 40x30x15cm that the air carrier shall allow the passenger to carry on board, on condition that it fits under the front seat and complies with applicable security requirements.

(14) No intermediation fee should be deemed to exist in relation to individual tickets in cases where the intermediary charges a legal person a lump-sum or volume-based service fee that covers all the tickets booked by the intermediary for that legal person over a certain period.

Regulation (EC) No 261/2004

(15) The booking of tickets through intermediaries in accordance with Regulation (EC) No 261/2004 would entail the processing of personal data, including passengers’ contact details. The processing of personal data pursuant to Regulation (EC) No 261/2004 should be carried out in accordance with Union law on the protection of personal data, in particular with Regulation (EU) 2016/679 of the European Parliament and the Council, for the purposes and the duration set out in that Regulation. Air carriers and intermediaries should be allowed to retain passengers’ contact details collected for the purpose of fulfilling their obligations in respect of providing passengers with information relating to their journey for no longer than 96 hours after the completion of the air transport contract. In the case of disruption to the journey, a longer retention period might be necessary to allow air carriers and intermediaries to comply with their obligations under Regulation (EC) No 261/2004 regarding the provision of compensation, reimbursement or rerouting, and assistance, as well as regarding complaint-handling. Any processing of passengers’ personal data, including retention of such data by air carriers and intermediaries for purposes other than the purpose for which the personal data was initially collected under Regulation (EC) No 261/2004, should be carried out in accordance with Regulation (EU) 2016/679. Air carriers and intermediaries should be able to use passengers’ personal data or keep such data for a longer period than the retention period provided for in Regulation (EC) No 261/2004 and for other lawful purposes where such processing is based on another Union or national law, in accordance with Regulation (EU) 2016/679.

Article 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point z g (new): (zg) ‘hand baggage’ means a piece of unchecked baggage which is not a personal item of a maximum size of 120cm and which complies with security and safety requirements.’

Such other lawful purposes can include processing for the purpose of dispute-resolution, including judicial proceedings, concerning the application of Regulation (EC) No 261/2004. Moreover, Regulation (EC) No 261/2004 is without prejudice to the processing of personal data based on Union or national law which constitutes a necessary and proportionate measure in a democratic society to safeguard the objectives referred to in Article 23(1) of Regulation (EU) 2016/679. In particular, Regulation (EC) No 261/2004 is without prejudice to the processing of personal data pursuant to Directive (EU) 2016/681 of the European Parliament and of the Council and Regulation (EC) No 2111/2005 of the European Parliament and of the Council, or pursuant to national law in accordance with Article 6(4) of Regulation (EU) 2016/679 or to applicable Union law on aviation safety and security. Passengers’ contact details should not be used for commercial purposes unless the passengers have consented to such processing, including when processing is taking place for direct marketing as laid down in Directive 2002/58/EC of the European Parliament and of the Council. It should also be noted that the obligations to provide information to passengers concerning their rights are without prejudice to the obligation of the controller to provide information to the data subject pursuant to Articles 12, 13 and 14 of Regulation (EU) 2016/679.

Regulation (EC) No 261/2004

(16) Where the passenger has a ticket issued by an intermediary or by an air carrier which did not operate the disrupted flight, that air carrier should transmit the necessary personal data and related information concerning that passenger to the operating air carrier so that the operating air carrier is able to contact the passenger directly where necessary in order to ensure that the passenger receives the relevant information concerning his or her journey, and that the air carrier fulfils its obligations under this Regulation, under Regulation (EC) No 2111/2005 as regards the information about the identity of the operating air carrier, and under applicable Union law on aviation safety and security . ▌

Article 1 – paragraph 1 – point 1 a (new), Article 3 – paragraph 1 – point b: (1a) In Article 3(1), point b is amended as follows: / ‘(b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received comparable benefits or compensation and were given assistance in that third country.’

(17) With a view to improving the enforcement of passengers’ rights in the Union, the national enforcement bodies or other competent bodies should have powers allowing them to take sufficient enforcement actions to effectively deter infringements of Regulations (EC) No 261/2004, (EC) No 1107/2006, (EU) No 1177/2010, (EU) No 181/2011 and (EU) 2021/782. Such enforcement actions should take into account not only complaints made by passengers, but also other activities such as audits, inspections or interviews.

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(18) The monitoring activities of the national enforcement bodies should be effective and proportionate to the aim of ensuring general compliance with this Regulation, and should be performed with an appropriate regularity and follow-up, if possible, allowing reports of the national enforcement bodies to present the enforcement priorities consistently.

Regulation (EC) No 261/2004

▌

Article 1 – paragraph 1 – point 1 b (new), Article 6 a (new): (1b) the following article is inserted : / ‘Article 6a / Extraordinary circumstances / 1. Extraordinary circumstances shall be considered events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are outside that air carrier’s actual control. For the purposes of this Regulation, extraordinary circumstances are limited to the circumstances set out in Annex IIa; / 2. When a passenger has a right to compensation from the air carrier in accordance with Articles 4, 5 and 6, the air carrier shall send to the passenger in a written form, within 48 hours, the information about the presence or absence of extraordinary circumstances and provide access to a pre-filled common form in accordance with 16aa. / 3. Where an unusual event outside the control of one or more Member States has occurred, which has a major impact on air travel with major unfavourable consequences for the aviation sector and that is not covered under Annex IIa, the Commission is empowered to adopt a delegated act in accordance with Article 16cb in order to amend the exhaustive list set out in Annex IIa by adding the relevant extraordinary circumstance, provided that this is strictly necessary to respond to such an unusual event.’

(19) Information provided to passengers on their rights before and during their journeys should lead to enhanced awareness. Such information should be concise and made easily, prominently, and directly available. It should be provided in a clear and comprehensible manner, and by electronic means as far as possible.

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(20) National enforcement bodies should coordinate with each other in order to ensure a harmonised interpretation and cross-border application of Regulations (EC) No 261/2004, (EC) No 1107/2006, (EU) No 1177/2010, (EU) No 181/2011 and (EU) 2021/782. Where relevant, national enforcement bodies and bodies designated for dealing with passenger complaints should exchange relevant information in order to facilitate cooperation and effective implementation of tasks. A regular flow of information from carriers, terminal managers and intermediaries to national enforcement bodies on all aspects related to the application of the Regulations concerned should enable national enforcement bodies to better fulfil their monitoring role.

Regulation (EC) No 261/2004

(21) The Commission should support dialogue and promote cooperation between Member States concerning the application of this Regulation, including through adopting guidelines and promoting best practices.

Article 1 – paragraph 1 – point 2, Article 8a – paragraph 1: 1. Where the passenger has bought a ticket through an intermediary, the operating air carrier may make the reimbursement referred to in Article 8(1) point (a) through that intermediary. In such a case, the intermediary shall be responsible to reimburse the passenger in accordance with this Article.

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Regulation (EC) No 261/2004

(22) Reimbursement and compensation procedures should be non-discriminatory and easily accessible. To make it easier for passengers to request reimbursement or compensation in accordance with Regulations (EC) No 261/2004, (EC) No 1107/2006, (EU) No 1177/2010, (EU) No 181/2011 and (EU) 2021/782, forms that are valid throughout the Union should be established for such requests. Passengers should have the possibility to submit their requests by using such a form. Although submitting requests for reimbursement and compensation through electronic means has become a widespread practice, passengers should have sufficient opportunities both to submit requests and to have their matters efficiently handled by other means, for example by telephone or post.

Article 1 – paragraph 1 – point 2, Article 8a – paragraph 2: 2. The intermediary shall inform the passenger of the reimbursement process as provided for in this Article in a clear, comprehensible and easily accessible manner at the time of booking and on the booking confirmation.

(23) Passengers seeking individual redress should be informed of the possibilities to complain to alternative dispute resolution bodies about alleged infringements of Regulations (EC) No 261/2004, (EC) No 1107/2006, (EU) No 1177/2010, (EU) No 181/2011 and (EU) 2021/782. The national enforcement bodies, or any other bodies designated by Member States to handle passenger complaints, are best placed to do this.

Regulation (EC) No 261/2004

(24) In the light of Article 9 of the United Nations Convention on the Rights of Persons with Disabilities, and in order to give persons with disabilities and persons with reduced mobility opportunities for air travel comparable to those of other passengers, Union law guarantees the right to non-discrimination in access to transport and other rights. Such rights include the right of passengers with disabilities and persons with reduced mobility to receive assistance, free of charge, while travelling by air, rail, sea or inland waterways, or by bus and coach. A person with disabilities or person with reduced mobility should be able to travel accompanied by another person who is capable of providing the assistance required by applicable safety requirements under the international law, Union law or national law or required by the competent authorities. Where the air carrier introduces such a requirement, but cannot provide the assistance needed by the disabled person or person with reduced mobility, that person should be allowed to travel accompanied by another person of their choice, who should travel free of charge and be seated next to that disabled person or person with reduced mobility. Air carriers should be able to request that those persons prove their recognised disability status in accordance with Union or national law, before granting such a service. In such cases, air carriers can accept a European Disability Card issued in accordance with Directive (EU) 2024/2841 of the European Parliament and of the Council as proof of recognised disability status. The air carrier or its authorised agent should make publicly available, in accessible formats, the safety rules that it applies to the carriage of persons with disabilities and persons with reduced mobility, in accordance with the applicable Union or national law, such as the accessibility requirements set out in Annex I to Directive (EU) 2019/882 of the European Parliament and of the Council.

Article 1 – paragraph 1 – point 2, Article 8a – paragraph 3: 3. Reimbursements through the intermediary shall be free of charge for passengers. No costs shall be borne by the passenger in the reimbursement procedure.

(25) The Commission, in cooperation with Member States and organisations representing persons with disabilities and recognised assistance dog handlers, should assess the situation in each Member State, while taking into account specific situations, and act, including through legal acts, to ensure that recognised assistance dogs are mutually recognised throughout the Union. Where a person with disability is permitted to travel with a recognised assistance dog on an outbound flight, the dog should be regarded as a recognised assistance dog for the entirety of both the outbound and the inbound journey, in order to ensure uniform access and non-discrimination throughout the Union.

Regulation (EC) No 261/2004

(26) Regulations (EC) No 1107/2006, (EU) No 1177/2010 and (EU) 2021/782 already require airport managing bodies, port terminal operators, carriers and railway undertakings and station managers respectively to establish and make publicly available service quality standards relating to the implementation of the rights of persons with disabilities and persons with reduced mobility. Consistency across transport modes should be ensured while specificities of the various modes should duly be taken into account. Therefore, the obligation to establish service quality standards relating to the rights of persons with disabilities and persons with reduced mobility should be extended to air carriers, bus and coach carriers, and bus and coach terminal operators, and the service quality standards applicable across transport modes should be aligned. Service quality standards should provide a clear added value for passengers, in particular for persons with disabilities and persons with reduced mobility. At the same time, they should remain proportionate and should not impose unnecessary administrative burdens on market actors and authorities, in particular considering the ambition of promoting a modal shift towards more sustainable modes of transport. With this in mind, the Commission should, as part of the first report on the operation, enforcement and the results of Regulations (EC) No 1107/2006, (EU) No 1177/2010, (EU) 181/2011 and (EU) 2021/782, undertake a comprehensive evaluation of the implementation and effectiveness of all service quality standards across Union passenger rights legislation. The Commission should, where appropriate, make legislative proposals based on that evaluation.

Article 1 – paragraph 1 – point 2, Article 8a – paragraph 4: 4. The intermediary shall state publicly and inform in a clear, unambiguous and comprehensible manner, at the time of selection of flights, whether they are in agreement with the air carrier selected to sell their tickets and to process reimbursements.

(27) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council. The advisory procedure should be used for the adoption of the common form for reimbursement and compensation requests.

Regulation (EC) No 261/2004

(28) Since the objective of this Regulation, namely to ensure the effective enforcement of passengers‘ rights when travelling by air, rail, sea and inland waterway, and bus and coach, cannot be sufficiently achieved by the Member States, but can rather, by reason of the need for the same rules within the internal market, 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.

Article 1 – paragraph 1 – point 2, Article 8a – paragraph 5 – point a: (a) the air carrier shall reimburse the intermediary the cost of the air ticket as it had received for the ticket from the intermediary, within seven days, in one transaction through the same payment method which was used at the time of booking, and linking the payment to the original booking reference. The seven-day period shall start on the date of the passenger’s choice of a reimbursement in accordance with Article 8 (1) (a), first indent. The intermediary shall reimburse the passenger the cost of the air ticket and the intermediation fees via the original payment method, at the latest within a further seven days, and inform the passenger and the air carrier thereof.

(29) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular Articles 21, 26, 38 and 47 thereof concerning, respectively, the prohibition of any form of discrimination, the integration of persons with disabilities, ensuring a high level of consumer protection, and the right to an effective remedy and to a fair trial.

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(30) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council and delivered an opinion on 24 January 2024,

Article 1 – paragraph 1 – point 2, Article 8a – paragraph 5 – pont b: (b) The intermediary is required to notify the air carrier without delay upon processing the reimbursement to the passenger. If the passenger does not receive the reimbursement within 14 days as of the date of choosing a reimbursement in accordance with Article 8 (1) (a), first indent, or if the operating air carrier has not received confirmation of payment fulfilment within 14 days, the operating air carrier shall contact the passenger at the latest on the day following the expiry of the 14-day period in order to receive the payment details for the reimbursement. Upon receipt of these payment details, the operating air carrier shall reimburse the passenger within seven days and inform the passenger and the intermediary thereof. Air carriers and intermediaries shall provide passengers with the references of the money transfer such as the transaction number.

HAVE ADOPTED THIS REGULATION:

Article 1 Amendments to Regulation (EC) No 261/2004

Article 1 – paragraph 1 – point 2, Article 8a – paragraph 5 a (new): 5a. Intermediaries are liable for duly processing the reimbursement set out in paragraph 5. In case of a breach of their obligations, intermediaries are subject to a penalty regime as defined by Member States in accordance with Article 16bcc.

Regulation (EC) No 261/2004 is amended as follows:

Regulation (EC) No 261/2004

(1) Article 2 is amended as follows:

Article 1 – paragraph 1 – point 2 a (new), Article 8 b (new): Article 8b / Right of passengers to transfer their ticket to another holder in exceptional circumstances and change of name of the ticket holder. / 1. Passengers who, for exceptional reasons, are no longer able to make a journey they have booked, shall be entitled to request a change in the name of the ticket holder. / 2. Air carriers, operators or intermediaries shall be obliged to offer one of the following two options, made available at the time of reservation: / (a) change in the name of the ticket holder free of charge in justified cases of force majeure, such as: / (i) Death of the passenger or of a close family member; / (ii) Serious medical problems preventing travel (proven by medical certificates); / (iii) Other exceptional circumstances set out in national law or by the carrier; or / (b). transfer of the ticket to another passenger. / 3. Passengers may transfer the ticket to another person after providing reasonable notification to the carrier or intermediary on a durable medium prior to the flight. Notification provided at least 72 hours prior to the flight shall in all cases be considered reasonable and shall not be subject to any additional charge. / 4. Where passengers transfer a ticket in the 72 hours prior to departure, the intermediary’s carrier may charge fees. The intermediary’s carrier shall inform the transferor of the actual costs of the transfer. These costs must not be unreasonable and must not exceed the actual cost borne by the carrier or intermedia…

(a) the following points are inserted:

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‘(fa) “full price of the ticket” means the final price to be paid at the end of the booking process that includes the air fare and all applicable taxes, charges, surcharges and fees paid for all optional and non-optional services included in the ticket, but excludes intermediation fees, regardless of whether those taxes, charges, surcharges and fees have been paid together with the fare for the transport service or separately at a later stage;

Article 1 – paragraph 1 – point 2 a (new), Article 11: (2a) Article 11 is replaced by the following: / ‘Article 11 / -1. The rights of persons with disabilities and persons with reduced mobility laid down under this Article shall be without prejudice to the rights they enjoy under Regulation (EC) No 1107/2006. / 1. Operating air carriers shall give priority to carrying persons with reduced mobility and any persons or recognised assistance dogs accompanying them, as well as unaccompanied children. / 2. In cases of denied boarding, cancellation, delays of any length and missed flight due to a lack of airport assistance services, persons with disabilities and persons with reduced mobility and any persons accompanying them, as well as unaccompanied children, shall have the right to compensation, reimbursement or re-routing as provided for in Article 7 and 8 and the right to care in accordance with Article 9 as soon as possible. / 2a. Infants of less than 24 months and children under 12 years old shall be considered special category of passengers (SCP) in accordance with the EU air safety legislation under Regulation 965/2012. Allocation of seats for infants with the accompanying passenger and for children under 12 years old next to the accompanying passenger, made under the same booking, shall be provided free of charge by the air carrier.

(fb) “intermediation fee” means the amount of any positive difference between the amount paid by the passenger and the amount received by the air carrier for the same service, and which is collected by the intermediary;’;

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(b) the following points are added:

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‘(aj) “intermediary” means any natural or legal person, other than an air carrier, acting, for purposes relating to their trade, business or profession, on behalf of an air carrier or a passenger for the conclusion of an air transport contract;

Article 1 – paragraph 1 – point 2 b (new), Article 11 a (new): (2b) The following article is inserted : / ‘Article 11a / Right to personal item and hand luggage / 1. Passengers shall always have the right to a carry on board one personal item, such as a small bag, handbag, backpack or laptop bag under the condition that it can be safely stowed under the seat in front of the passenger. Air carriers shall not charge the passenger any supplement or additional fees on top of the price of the flight ticket for this personal item. It is mandatory that carriers provide clear, transparent, and easily accessible information on the weight and dimension requirements for the personal item at the time of booking and after the booking is completed, ensuring passengers are fully informed before their journey. / 2. Passengers shall always have the right to carry on board, one piece of hand luggage. The hand luggage shall not be subject to price supplement on the price of the flight ticket within the maximum dimensions of 100 cm (sum of length, width, and height) and maximum weight of 7 kilos. Air Carriers may apply different provisions regarding additional or larger hand luggage. / The hand luggage may be stored either in the aircraft cabin (as carry-on baggage) or in the aircraft hold, as checked baggage. The carrier may refuse to allow such hand luggage on board only on grounds of security connected with the weight or size of the hand luggage in relation to the characteristics of the aircraft. / Air carriers shall provide clear, transparent, and easil…

(ak) “recognised assistance dog” means a dog specifically trained to increase the independence and self-determination of persons with disabilities, officially recognised in accordance with applicable national rules, where such rules exist.’;

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(2) the following article is inserted:

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‘Article 8b Reimbursement where the ticket was booked through an intermediary

Article 2 – paragraph 1 – point 2 c (new), Article 14: (2c) Article 14 is replaced by the following: / ‘Article 14 / 1. The airport managing body and operating air carrier shall ensure that at check-in, online and at the boarding gate, a clearly legible notice containing the following text is displayed in a manner clearly visible to passengers: "If you are denied boarding or if your flight is cancelled or delayed for at least two hours at departure, or of more than 3 hours at arrival at your final destination, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance”. This notice shall be displayed physically and electronically in as many relevant languages as possible." / 1a. Air carriers shall set up, at each airport where they operate, contact points at which they shall ensure the presence of contact personnel or a third parties commissioned by the air carrier concerned, to provide passengers with the necessary information regarding their rights, including complaint procedures, to assist them and to take immediate action in the event of cancelled or delayed flights, denied boarding and lost or delayed baggage. During the air carriers operating hours and until the last passengers disembark from the last plane, those contact points shall be available for the purpose of assisting passengers inter alia concerning reimbursement, re-routing, rebooking and of accepting the lodging of their complaints. / 1b. The operating air carrier shall provide the passen…

1. When offering tickets and before a passenger finalises a booking, the intermediary shall inform the passenger in a clear, comprehensible and easily accessible manner whether the air carrier agrees to process reimbursement through that intermediary, and of the reimbursement process provided for in this Article.

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2. Where reimbursement is processed through the intermediary, the reimbursement shall be free of charge for passengers.

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3. Before a passenger finalises a booking, the intermediary shall inform the passenger of the applicable intermediation, administrative, service or cancellation fee, as well as of the passenger's right to obtain full reimbursement of the intermediation fee, subject to the exception set out in paragraph 5, point (c).

Article 1 – paragraph 1 – point 3, Article 14a – title: Obligation on transfer of information

4. In the case of reimbursement provided for in Article 8(1), first subparagraph, point (a), the following rules shall apply:

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(a) where the passenger booked a ticket through an intermediary, the air carrier may make the reimbursement, through that intermediary, in which case, the intermediary shall reimburse the passenger; the air carrier may, in agreement with the intermediary, deviate from the procedure set out in paragraph 5 of this Article, provided that it grants the passenger an equivalent level of protection, regarding in particular the reimbursement of the intermediation fee and regarding deadlines for payments;

Article 1 – paragraph 1 – point 3, Article 14a – paragraph 1: 1. The information for, and the correspondence with passengers under this Regulation shall be provided by electronic means, where technically possible. Where information is provided by such means, air carriers and intermediaries shall ensure that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. The burden of proof concerning the questions as to whether and when they have provided the necessary information to passengers shall rest with air carriers and intermediaries. All means of communication shall enable the passenger to contact air carriers and intermediaries quickly, free of charge and to communicate effectively.

(b) where the intermediary is not involved in the reimbursement process, or has transmitted the passenger’s payment details to the air carrier without paying the air carrier for tickets from its own account, the air carrier shall reimburse the passenger; the air carrier shall reimburse the passenger the full price of the ticket and the intermediation fee, where applied, within seven calendar days from the date of the passenger’s transmission of the evidence of the full price of the ticket and any intermediation fee paid, where applied, and the passenger’s payment details if the intermediary is not involved in the reimbursement process.

Regulation (EC) No 261/2004

▌

Article 1 – paragraph 1 – point 3, Article 14a – paragraph 1 a (new): 1a. When offering a ticket, intermediaries shall inform passengers about the cost of the air ticket and all other costs such as the intermediation, administrative, service or cancellation fees. Optional price supplements shall be clearly visible next to ticket price and at every step of the booking process.

5. The following rules shall apply in the case of reimbursement through intermediaries that have paid an air carrier for tickets from their own accounts in accordance with paragraph (4), point (a), of this Article:

Regulation (EC) No 261/2004

(a) the air carrier shall, within seven calendar days, reimburse the intermediary the price of the ticket which it received from the intermediary, in a single transaction by means of the same payment method which was used at the time of booking, and shall ensure that the payment is linked to the original booking reference, the seven-day period shall start on the date of the passenger’s choice for a reimbursement in accordance with Article 8(1), first subparagraph, point (a); the intermediary shall reimburse the passenger the full price of the ticket and the intermediation fee, where applied, by means of the same payment method which was used at the time of booking, at the latest within a further seven calendar days, and shall inform the passenger and the air carrier thereof; if that payment method is no longer available, the intermediary shall contact the passenger to obtain the necessary payment details and the reimbursement timeline is suspended from the moment the intermediary requests the payment details from the passenger until the intermediary receives them; the intermediary shall provide the passenger with the details of the reimbursement, including in particular the transaction number of an electronic bank transfer after it has been effected;

Article(b) 1if –the paragraphair 1carrier –has pointnot 3,received Articleconfirmation 14aof –payment paragraphfulfilment 2:from 2.the Whereintermediary within 14 calendar days from the passengerdate doesof notthe acquirepassenger choosing a ticketreimbursement directlyin fromaccordance thewith airArticle carrier,8(1), butfirst throughsubparagraph, anpoint intermediary,(a), thisthe intermediary▌ shallair providecarrier allshall contact detailsthe receivedpassenger fromat the passenger,latest andon the booking detailsday tofollowing the airexpiry carrier.of Thethat air14-day carrierperiod mayin onlyorder useto theseobtain contactthe payment details tofor the extentreimbursement, necessaryas towell complyas withevidence itsof contractthe offull carriageprice withof the passenger,ticket itsand informationany obligationintermediation underfee Articlepaid 14by andthe topassenger, fulfilwhere theapplied; airupon carrier’sreceipt obligationsof underthis applicableinformation, Unionthe lawair oncarrier aviationshall safetyreimburse andthe securitypassenger andthe tofull provideprice informationof tothe passengersticket onand the operatingintermediation carrierfee, inwhere accordanceapplied, withwithin itsseven obligationscalendar underdays Chapterof IIIreceiving ofthat Regulationinformation, (EC)and Noit 2111/2005.shall Theinform contactthe detailspassenger mayand not▌ beintermediary usedthereof; forthe commercialair purposescarrier unlessshall provide the passenger haswith activelythe anddetails explicitlyof requestedthe reimbursement, including in particular the contrary.transaction number of an electronic bank transfer after it has been effected;

Regulation (EC) No 261/2004

(c) if the intermediary is an autonomous micro-enterprise within the meaning of Article 2(3) and Article 3(1) of the Annex to Commission Recommendation 2003/361/EC*, it may decide not to reimburse a specified amount of its intermediation fee provided that it has informed the passenger thereof at the start of the booking process in a clear, unambiguous and prominent manner.

Article 1 – paragraph 1 – point 3, Article 14a – paragraph 3: 3. The air carrier and the intermediary shall keep the passenger’s contact details no longer than 72 hours after the completion of the contract of carriage unless in the case of a flight disruption where further retention of the contact details is justified to fulfil obligations in respect of the passenger’s right such as provision of care, re-routing, reimbursement, or compensation and complaint handling. The air carrier and the intermediary shall process the passenger’s contact details solely for the purpose of fulfilling their respective obligations.

6. This Article does not apply to tickets booked as part of a package as defined in Article 3, point (2), of Directive (EU) 2015/2302.

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Article 1 – paragraph 1 – point 3, Article 14a – paragraph 4 a (new): 4a. Intermediaries shall provide accessible, effective remote assistance for all passengers once a flight has been booked and provide help and assistance on electronic tickets and electronic and printed versions of a boarding card. This service shall provide information and may provide alternative proposals in the event of disruption and shall under no circumstances exceed the cost of a local call. / Intermediaries shall provide the passengers with clearly legible and transparent information about the passenger’s rights and shall clearly inform passengers of the information to be provided about the process of requesting compensation or reimbursement under, respectively, Article 7 and Articles 8, 8a, 9 and 10 of this Regulation. / The contact details of the national enforcement body or other body designated under Article 16 shall also be given to the passenger in written form.

* Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36, ELI: http://data.europa.eu/eli/reco/2003/361/oj).’;

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(3) the following article is inserted:

Article 1 – paragraph 1 – point 4, Article 15a – paragraph 1: 1. Air carriers shall establish service quality standards and implement a quality management system to maintain and improve service quality. The service quality standards shall at least cover the items listed in Annex II.

‘Article 14a Transfer of personal data and information

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Article 1 – paragraph 1 – point 4, Article 15a – paragraph 2 a (new): 2a. Air carriers shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on their website by [2 years after the Regulation becomes applicable], and every two years thereafter. This report shall not contain personal data.

1. Where the passenger has not been issued a ticket directly by the air carrier, but through an intermediary, the intermediary shall provide to the air carrier all contact details received from the passenger, as well as the booking details. The air carrier may use those contact details only to the extent necessary to comply with its air transport contract with the passenger and with its obligations under this Regulation, and in order to fulfil the air carrier’s obligations under applicable Union law on aviation safety and security, as well as to provide information to passengers on the operating air carrier in accordance with its obligations under Chapter III of Regulation (EC) No 2111/2005 of the European Parliament and of the Council*.

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2. The air carrier involved in the conclusion or performance of an air transport contract with a passenger shall transmit to any operating air carrier all personal data and information necessary to enable it to fulfil its obligations under this Regulation, including its obligation to inform passengers of their rights.

Article 1 – paragraph 1 – point 4, Article 15a – paragraph 3: 3. Airport managing bodies located in a Member State shall establish service quality standards based on the relevant items listed in Annex II and which are under their direct responsibility. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request.

3. For the purposes of fulfilling their obligations in respect of the passenger’s right to information, the air carrier and the intermediary shall keep the personal data and information for no longer than 96 hours after the completion of the air transport contract.

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4. In the case of a flight disruption where retention of the personal data and information is justified by the need to fulfil obligations in respect of the passenger’s rights, such as the provision of compensation, reimbursement, re-routing, or assistance, the air carrier and the intermediary may keep the personal data and information for more than 96 hours after the completion of the air transport contract to the extent strictly necessary to fulfil those obligations.

Article 1 – paragraph 1 – point 4, Article 15a – paragraph 3 a (new): 3a. Intermediaries which are not SMEs, located in a Member State shall establish service quality standards based at least on the relevant items listed in Annex II. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to national public authorities on request.;

5. Where an intermediary intends to book a ticket on behalf of a passenger, the intermediary shall inform the air carrier concerned before booking ▌ that it intends to book the ticket as an intermediary. It shall provide the air carrier with its own postal address and electronic contact details. ▌

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Article 1 – paragraph 1 – point 4 a (new), Article 15a a (new): (4a) the following articleis inserted: / Article 15aa / Complaint-handling by air carries and intermediaries / 1. Each air carrier and intermediary shall set up a complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility. At the time of booking, they shall provide information to passengers on the complaint handling processes and the relevant time limits under this Article. Information on complaint handling shall also be accessible on the air carriers’ and intermediaries’ websites and applications and shall be communicated in the email that notifies any event that could give rise to the rights enshrined in this Regulation. / 2. Passengers may submit a complaint to any air carriers or intermediaries regarding their respective fields of responsibility via the mechanisms referred to in paragraph 1. Such a complaint shall be submitted within one year from the date on which the flight was performed or was scheduled to be performed. / 3. Within 7 working days of receiving the complaint, the addressee shall confirm the receipt of the complaint to the passenger. Within two months of receiving the complaint, the addressee shall provide a reasoned answer to the passenger. Where the addressee does not provide that full answer within that two-month period, it shall be deemed to have accepted the passenger’s claims. / 4. With the reasoned answer, the addressee shall also communicate to the passenger concerned the rel…

6. This Article does not apply to tickets booked as part of a package as defined in Article 3, point (2), of Directive (EU) 2015/2302.

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Article 1 – paragraph 1 – point 4 b (new), Article 16: (4b) Article 16 is replaced by the following: / ‘Article 16 / Designation of national enforcement bodies / 1. Each Member State shall designate a body or bodies responsible for the enforcement of this Regulation as regards flights from airports situated on its territory and flights from a third country to such airports. Each body shall take the measures necessary to ensure that the rights of passengers are respected. / 2. Each body shall be independent in its organisation, funding decisions, legal structure and decision-making of any air carrier, airport managing body and intermediary. / 3. Member States shall inform the Commission of the body or bodies designated in accordance with this Article and of its or their respective responsibilities. The Commission and the bodies designated shall publish that information on their websites.’

* Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC (OJ L 344, 27.12.2005, p. 15, ELI: http://data.europa.eu/eli/reg/2005/2111/oj)’;

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(4) Article 16 is replaced by the following:

Article 1 – paragraph 1 – point 4 c (new), Article 16 a (new): (4c) The following article is inserted : / ’Article 16a / Enforcement tasks / 1. The National Enforcement Body shall closely monitor compliance with this Regulation and shall take the measures necessary to ensure that the rights of passengers are upheld. For this purpose, air carriers, airport managing bodies and intermediaries shall provide the national enforcement body with relevant documents and information at their request within one month of its request. In complex cases, the national enforcement body may extend this period to a maximum of three months from the receipt of the request. In carrying out their functions, the national enforcement bodies shall take account of the information submitted to them by the other body designated to handle complaints as defined in Article 16 paragraph 1. / 2. Monitoring activities may be performed jointly by national enforcement bodies in the event of air services between two or several EU Member States. / 3. Member States shall ensure that their respective National Enforcement Bodies are given sufficient power to penalise effectively infringements. National Enforcement Bodies shall be able to take enforcement actions based on individual complaints as defined in Article 16b. / 4. In the event that the air carrier invokes extraordinary circumstances as a justification for refusing compensation under this Regulation, the carrier shall substantiate its claim by providing adequate evidence on those circumstances and related technical issue…

‘Article 16 Designation of national enforcement bodies

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1. Each Member State shall designate a national enforcement body or bodies responsible for the enforcement of this Regulation as regards flights from airports situated in its territory and flights from a third country to such airports.

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2. Each national enforcement body shall be independent in its organisation, funding decisions, legal structure and decision-making of any air carrier, airport managing body and intermediary or the commercial interests of other persons or entities.

Article 1 – paragraph 1 – point 4 d (new), Article 16 b (new): (4d) the following article is inserted : / ‘Article 16b / Complaint handling by national enforcement bodies and other bodies / 1. Without prejudice to the rights of consumers to seek alternative redress pursuant to Directive 2013/11/EU of the European Parliament and of the Council , after having complained unsuccessfully to the air carrier or intermediary pursuant to Article 13a, the passenger may complain to the national enforcement body or any other body designated under paragraph 2 of this Article no later than one year from receiving information on the rejection of the original complaint by the air carrier or the intermediary. / 2. Any passenger may complain about an alleged infringement of this Regulation at any airport situated on the territory of a Member State or concerning any flight from any airport situated on the territory of a Member State or of a third country to such airports, either to the national enforcement body, or to any other body designated by a Member State for that purpose. / 3. The national enforcement body or any other body designated under paragraph 2 shall acknowledge receipt of the complaint within two weeks of receiving it. The complaint-handling procedure shall take a maximum of three months from the date of the establishment of the complaint file. The complaint-handling procedure shall be made accessible to persons with disabilities and to persons with reduced mobility in accessible format. / 4. Where a complaint relates to alleged infringemen…

3. Member States shall inform the Commission of the national enforcement body or bodies designated in accordance with this Article and the respective responsibilities of those bodies, including any changes thereto. The Commission and the designated national enforcement bodies shall publish that information on their websites.’;

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(5) the following articles are inserted:

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‘Article 16a Enforcement tasks

Article 1 – paragraph 1 – point 4 e (new), Article 16 c (new): (4e) the following article is inserted / ‘Article 16c / Exchange of information and cross-border cooperation between national enforcement bodies / 1. Where different bodies are designated under Articles 16 and 16b, reporting mechanisms shall be set up to ensure the exchange of information between them, in accordance with Regulation (EU) 2016/679, in order to help the national enforcement body to carry out its tasks of supervision and enforcement, and so that the complaint-handling body designated under Article 16b can collect the information necessary to examine individual complaints. / 2. National enforcement bodies shall exchange information on their work and decision-making principles and practices for the purpose of coordination. The Commission shall support them in that task.’

1. The national enforcement bodies shall closely monitor compliance with this Regulation and shall take the measures necessary to ensure that the rights of passengers are upheld.

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2. The monitoring shall be carried out in accordance with Union law, national standards and applicable rules. It may be based on a factual assessment that takes into account complaints made by passengers under Article 16b, where available, as well as on findings of the previous monitoring activities carried out by the national enforcement bodies, on information received in accordance with paragraph 3 of this Article and with Article 16c, as well as on other sources of information pertaining to the application of this Regulation in the territory of the respective Member State. Monitoring activities may include audits, inspections, interviews, and the examination of documents.

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3. The national enforcement bodies may request air carriers, intermediaries and airport managing bodies to provide documents and information that are relevant for the purposes of carrying out their functions as referred to in paragraph 1. Such documents and information shall be provided within one month from the receipt of the request, unless a different deadline is specified by the national enforcement body.

Article 1 – paragraph 1 – point 5, Article 16aa – paragraph 1: 1. The Commission shall adopt an implementing act establishing a common form for compensation and reimbursement requests (the ‘common form’) under Articles 7 and 8. That common form shall be established in an accessible format and available in all official Union languages. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 38 (2) of Regulation (EU) 2021/782 of the European Parliament and the Council15 .

4. In carrying out their functions, the national enforcement bodies shall, where relevant, take into account the information submitted to them by a body designated to handle complaints in accordance with Article 16b(1).

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5. In the event of air services between two or more Member States, monitoring activities may be performed jointly by national enforcement bodies.

Article 1 – paragraph 1 – point 5, Article 16aa – paragraph 1 a (new): 1a. Air carriers shall send to passengers the pre-filled common form within 48 hours following travel disruption for the purpose of reimbursement and compensation in accordance with Article 5a(2).

6. Member States shall ensure that their respective national enforcement bodies are given sufficient powers to take enforcement actions.

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7. Where an air carrier invokes extraordinary circumstances as a justification for refusing compensation under this Regulation, that air carrier shall substantiate its claim by providing, upon the request of the national enforcement body, all necessary evidence in line with the requirements laid down in Article 6c(2).

Article 1 – paragraph 1 – point 5, Article 16aa – paragraph 1 b (new): 1b. This requirement set out in paragraph 1a shall not apply to air carriers and intermediaries where other automated electronic means of communication allowing passengers to request reimbursement or compensation exist, provided that such means offer the choice and information set out in the common form and are also available in the language of the booking and in the language internationally accepted in this field.

8. By 30 June 2030, and every five years thereafter, the national enforcement bodies shall publish reports on their activities, including, where relevant, on penalties applied. Those reports shall be made available on the website of the European Union Aviation Safety Agency.

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9. Air carriers and intermediaries shall give their contact details to the national enforcement body or bodies of the Member States in which they operate and shall promptly update them when necessary.

Article 1 – paragraph 1 – point 5, Article 16aa – paragraph 2: 2. Passengers shall have the right to submit their requests for reimbursement and compensation using the common form referred to in paragraph 1 or by other means. Operating air carriers and intermediaries shall not reject a request solely on the grounds that the passenger has not used the common form. Passengers shall have the right to submit their request in at least the language of the booking. If a request is not sufficiently precise, the air carrier shall ask the passenger to clarify or complete the request and shall duly motivate the request for additional information and assist the passenger in doing so.

Article 16b Passengers' complaints to designated bodies

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1. Without prejudice to the rights of consumers to seek alternative dispute resolution pursuant to Directive 2013/11/EU of the European Parliament and of the Council*, Member States shall each designate a body for passenger complaints pursuant to this Regulation (the “body for passenger complaints”).

Article 1 – paragraph 1 – point 5, Article 16aa – paragraph 3: 3. Without prejudice to paragraph 1a, air carriers and intermediaries shall provide clear information on their websites regarding the different electronic means that allow passengers to request reimbursement or compensation, such as an e-mail address, electronic forms or mobile applications. Regardless of the electronic means used, passengers shall be provided with electronic confirmation as proof that such a request has been submitted.

2. If the body for passenger complaints is different from the national enforcement body designated pursuant to Article 16, Member States shall inform the Commission of the body for passenger complaints. The Commission and the body for passenger complaints shall publish that information on their websites.

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3. Any passenger may submit a complaint, in accordance with national law, to the body for passenger complaints, about an alleged infringement of this Regulation.

Article 1 – paragraph 1 – point 5, Article 16aa – paragraph 4: 4. The Commission shall make the common form available in all official Union languages on its website. The body or bodies designated by Member States in accordance with Articles 16(1) and 16a(3) shall ensure that passengers have access to the common form.

4. After having submitted a complaint to the air carrier or the intermediary pursuant to Article 15a, the passenger may submit a complaint to the body designated in accordance with paragraph 1 of this Article:

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(a) no later than three months from the date of being informed of the rejection of the original complaint by the air carrier or the intermediary; or

Article 1 – paragraph 1 – point 6, Article 16ba – title: Tasks of national enforcement bodies related to risk-based approach concerning monitoring of compliance with passenger rights

(b) where no reply is received from the air carrier or the intermediary within two months from the date of the original complaint submitted to the air carrier or the intermediary.

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5. The body for passenger complaints shall acknowledge receipt of the complaint within 14 calendar days of receiving it. Where the body for passenger complaints has the power to issue enforceable decisions in individual cases, it shall provide the passenger with a substantiated reply to their complaint within a reasonable period of time. Where the body for passenger complaints does not have such a power, it may issue an opinion or recommendation on the complaint and it shall inform the passenger about available means to seek redress, including the right to submit a complaint to alternative dispute resolution bodies, and shall inform the passenger of the applicable deadlines.

Article 1 – paragraph 1 – point 6, Article 16ba – paragraph 4: 4. Compliance monitoring activities shall be based on the assessment of risks that could be carried out by means of audits, inspections, interviews, verifications and examination of documents and discussions as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified.

6. The obligation under paragraph 5 of this Article to inform the passengers about their right to seek redress with an alternative dispute resolution body may be fulfilled by referring them to the interactive tool hosting a list of notified alternative dispute resolution entities maintained by the Commission pursuant to Article 20 of Directive 2013/11/EU, or, where appropriate, to the designated alternative dispute resolution contact points notified to the Commission under Article 24 of that Directive.

Regulation (EC) No 261/2004

Article 16c Exchange of information and cross-border cooperation between national enforcement bodies

Article 1 – paragraph 1 – point 6, Article 16ba – paragraph 5: 5. National enforcement bodies shall ensure the swift rectification of non-compliance by air carriers, airport managing bodies and intermediaries as identified during their monitoring activities. They shall require carriers, airport managing bodies and intermediaries to submit an action plan to remedy non-compliance, as appropriate.

1. Where a Member State designates different bodies pursuant to Articles 16 and 16b of this Regulation, those bodies shall ensure the exchange of relevant information between them, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council**, in order to help the national enforcement body to carry out its tasks of supervision and enforcement, and so that the body for passenger complaints designated pursuant to Article 16b of this Regulation can collect the information necessary to examine individual complaints.

Regulation (EC) No 261/2004

2. The national enforcement bodies of the Member States shall exchange information on their work and decision-making principles and practices for the purpose of cross-border coordination. The Commission shall support them in that task.

Article 1 – paragraph 1 – point 6, Article 16ba – paragraph 5 a (new): 5a. If action plans are deemed insufficient, or if non-compliance necessitates an immediate action, National Enforcement Bodies may take enforcement actions as defined in Article 16a.

Article 16d Information about suspected practices of non-compliance

Regulation (EC) No 261/2004

1. The Commission may alert the national enforcement bodies about specific suspected practices of non-compliance with the obligations laid down in this Regulation by one or more air carriers, intermediaries or airport managing bodies. Where, in accordance with its powers and procedures pursuant to national law, the national enforcement body initiates any investigation, it shall inform the Commission, upon request, of its findings.

Article 1 – paragraph 1 – point 6, Article 16bb: deleted / (deleted) / (deleted) / (deleted) / (deleted)

2. Paragraph 1 shall be without prejudice to the operational independence of the national enforcement bodies.

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Article 16e Common form for reimbursement and compensation requests

Article 1 – paragraph 1 – point 6, Article 16bc a (new): Article 16bca / Inspections of national enforcement bodies / 1. The Commission may conduct inspections of national enforcement bodies in order to monitor the application by Member States of the Regulation and to make recommendations to improve its enforcement. / 2. The Commission shall in good time before an inspection inform the Member State concerned thereof. / 3. Each Commission inspection report shall be communicated to the national enforcement authority of the Member State concerned, which shall, in its answer, set out the measures taken to remedy the non-compliances identified and address the recommendations. / 4. The report, together with the answer of the national enforcement body, shall subsequently be communicated to the national enforcement bodies of the other Member States, where appropriate.

1. The Commission shall adopt an implementing act establishing a common form for compensation and reimbursement pursuant to Articles 7, 8, 8b, 9 and 10 (the “common form”). That common form shall be established in an accessible format. The Commission shall make the common form available on its website in all official languages of the Union. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 16h(2).

Regulation (EC) No 261/2004

2. Air carriers and intermediaries shall provide contact details on their websites, such as an email address to which the common form may be sent by electronic means.

Article 1 – paragraph 1 – point 6, Article 16bc – paragraph 1 a (new): 1a. The participation of air carriers and intermediaries under the scope of this Regulation in alternative dispute resolution procedures shall be mandatory and their decisions binding, without prejudice to the right of parties to access the judicial system, [in accordance with the Directive (EU) 2024/… on alternative dispute resolution for consumer disputes]

3. Without prejudice to Article 8(1), first subparagraph, point (a), passengers shall have the right to submit their requests using the form provided by the air carrier, the common form or by other means. Air carriers and intermediaries shall not reject a request ▌ on the grounds that the passenger has not used the form provided by the air carrier or the common form, or that the passenger has sent the form by means other than electronic means. Passengers shall have the right to submit their request in at least the language of the booking. If a request is not sufficiently precise, the air carrier or intermediary shall ask the passenger to clarify or complete that request ▌.

Regulation (EC) No 261/2004

▌

Article 1 – paragraph 1 – point 6 a (new), Article 16bc b (new): Article 16bc b / Oversight of intermediaries established in third countries. / 1. The Commission shall perform the oversight of intermediaries established in third countries in order to verify their compliance with this regulation.

Article 16f Legal representatives of third-country intermediaries

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1. Intermediaries which are not established in the Union, but which offer services in the Union, shall designate in writing a legal or natural person to act as their legal representative in one of the Member States where the intermediary offers its services. For intermediaries covered by Regulation (EU) 2022/2065 of the European Parliament and of the Council***, the legal representative designated pursuant to that Regulation may also act as a legal representative pursuant to this Regulation.

Article 1 – paragraph 1 – point 6 b (new), Article 16bc c (new): (6b) The following Article 16bcc is inserted / ‘Article 16bcc / Penalties / 1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them. / 2. In the framework of cooperation referred to in Article 16c the national enforcement body which is competent for the purposes of Article 16 b (4) or (5) shall, at the request of the national enforcement body handling the complaint, investigate the infringement of this Regulation identified by that body and, if necessary, impose penalties. ‘

2. The intermediaries referred to in paragraph 1 shall mandate their legal representative for the purpose of being addressed in addition to or instead of such intermediaries regarding the receipt of, compliance with and enforcement of decisions issued in relation to this Regulation. Intermediaries shall provide their legal representatives with the necessary powers and sufficient resources to guarantee their efficient and timely cooperation with those bodies, and to comply with such decisions.

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3. It shall be possible for a designated legal representative to be held liable for non-compliance with an intermediary’s obligations under this Regulation, without prejudice to the liability of the intermediary and legal actions that could be initiated against the intermediary.

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4. Intermediaries shall notify the name, postal address, email address and telephone number of their legal representative to the bodies designated under Article 16(1) in the Member State where that legal representative resides or is established. The intermediaries shall ensure that such information is publicly available, easily accessible, accurate and kept up to date.

Article 1 – paragraph 1 – point 6 c (new), Article 17: (6c) Article 17 is replaced by the following : / ‘Article 17 / The Commission shall report to the European Parliament and the Council four years after the entry into force on the operation and the results of this Regulation, in particular with regard to the impact of the compensation for long delays and the limitation of accommodation in extraordinary circumstances of long duration, issues concerning the interpretation of extraordinary circumstances, the statistics published by the National Enforcement Bodies on their activities, including on sanctions and their findings regarding suspected infringing practices by air carriers, the progress made in establishing national bodies responsible for the out-of-court resolution of disputes and the activities of the latter. The Commission shall also report on the enhanced protection of air passengers on flights from third countries operated by non Union carriers, in the context of international air transport agreements. In addition, the Commission shall report on the effectiveness of the measures taken and sanctions imposed by the bodies referred to in Article 16 and the possible need for a harmonised approach; the report shall be accompanied where necessary by legislative proposals.’ / (deleted) / (deleted) / (deleted)

5. The designation of a legal representative within the Union pursuant to paragraph 1 shall not constitute an establishment in the Union.

(32004R0261)

Article 16g Penalties

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1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them.

Article 2 – paragraph 1 – point -1 (new), Article 2 – paragraph 1 – point l a (new): (-1) in Article 2(1), the following point is added : / (la) ‘service quality standards’ means key performance indicators measuring levels of performance and elements of compliance with passengers rights.”

2. In the framework of cooperation referred to in Article 16c(1), the national enforcement body designated under Article 16, or any other competent national authority acting on its behalf may, at the request of the body handling the complaint pursuant to Article 16b, investigate an alleged infringement of this Regulation, and, where necessary, impose penalties.

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________________

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* Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) (OJ L 165, 18.6.2013, p. 63, ELI: http://data.europa.eu/eli/dir/2013/11/oj);

Article 2 – paragraph 1 – point -1 a (new), Article 2 – paragraph 1 – point l b (new): (-1a) in Article 2(1), the following point is added: / ‘(lb) “recognised assistance dog” means a dog specifically trained to increase independence and self-determination of persons with disabilities, officially recognised in accordance with applicable national rules, where such rules exist

** 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 (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj);

(32006R1107)

*** Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/2065/oj).’.

Regulation (EC) No 1107/2006

▌

Article 2 – paragraph 1 – point -1 b (new), Article 2 – paragraph 1 – point l c (new): (-1b) in Article 2(1), the following point is added : / ‘(lc) "‘accessible format’ means a format that gives a person with disabilities or with reduced mobility access to any relevant information, including allowing such a person to have access to such information as easily and comfortably as a person without any impairments or disabilities, and that meets accessibility requirements defined in accordance with the applicable law, in particular with Annex I to Directive (EU) 2019/882;

Article 2 Amendments to Regulation (EC) No 1107/2006

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Regulation (EC) No 1107/2006 is amended as follows:

Regulation (EC) No 1107/2006

(1) in Article 2, the following points are added:

Article 2 – paragraph 1 – point 1, Article 4 – paragraph 2: Air carriers, their agents or a tour operator shall ensure that such an accompanying person travels free of charge and, where practicable, sits next to the person with disabilities or to the person with reduced mobility, if it is necessary for safety reasons for that person to be accompanied during the flight.

‘(m) “recognised assistance dog” means a dog specifically trained to increase the independence and self-determination of disabled persons, officially recognised in accordance with applicable national rules, where such rules exist;

Regulation (EC) No 1107/2006

(n) “accessible format” means a format that gives a disabled person or a person with reduced mobility access to any relevant information, including by providing that person with access in as feasible and as comfortable a manner as a person without an impairment or disability, and which meets accessibility requirements defined in accordance with the applicable Union law, in particular Directive (EU) 2019/882 of the European Parliament and of the Council*.

Article 2 – paragraph 1 – point 2, Article 10a - title: Service quality standards

________________

Regulation (EC) No 1107/2006

* Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70, ELI: http://data.europa.eu/eli/dir/2019/882/oj).’;

Article 2 – paragraph 1 – point 2, Article 10a – paragraph 1: 1. Air carriers shall establish service quality standards and implement a quality management system to maintain and improve service quality. The service quality standards shall at least cover the items listed in Annex III.

(2) in Article 4, paragraph 2 is replaced by the following ▌:

Regulation (EC) No 1107/2006

‘2. Under the same conditions referred to in paragraph 1, first subparagraph, point (a), an air carrier may require that a disabled person or person with reduced mobility be accompanied by another person who is capable of providing the assistance required by that person. Where the air carrier introduces such a requirement, but does not provide the assistance needed by the disabled person or person with reduced mobility, that person shall be allowed to travel accompanied by another person of their choice, who will travel free of charge and be seated next to that disabled person or person with reduced mobility. ▌

Article 2 – paragraph 1 – point 2, Article 10a – paragraph 2 a (new): 2a. Airport managing bodies located in a Member State shall establish service quality standards based at least on the relevant items listed in Annex III. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities;

The air carrier, its agents or the tour operator shall allow the disabled person or the person with reduced mobility to designate a different accompanying person without any charge for the change and up to 48 hours before the scheduled time of departure.’;

Regulation (EC) No 1107/2006

(3) Article 9 is amended as follows:

Article 2 – paragraph 1 – point 2 a (new), Article 12: (2a) Article 12 is replaced by the following: / ‘Article 12 / Compensation in respect of mobility equipment, assistive devices and recognised assistance dogs / 1. Where air carriers or airport managing bodies, including ground operators, cause the loss of, or damage to mobility equipment, including wheelchairs, and assistive devices or the loss of, or injury to, recognized assistance dogs used by persons with disabilities and persons with reduced mobility, they shall be liable for that loss, damage or injury, and provide compensation without undue delay. That compensation shall comprise: / (a) the cost of replacement or repair of the mobility equipment or assistive devices lost or damaged; / (b) the cost of replacement or the treatment of the injury of an assistance dog that was lost or injured; and / (c) reasonable costs of temporary replacement for mobility equipment, assistive devices or recognized assistance dogs where such replacement is not provided by the air carriers or airport managing body in accordance with paragraph 2. / 2. Where paragraph 1 applies, air carriers and airport managing bodies shall rapidly make all reasonable efforts to provide immediately needed temporary replacements for mobility equipment or assistive devices. The person with disabilities or the person with reduced mobility shall be permitted to keep that temporary replacement equipment or device until the compensation referred to in paragraph 1 has been paid. / 3. Where it cannot be proven or it…

(a) the following paragraph is inserted:

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‘1a. Air carriers that do not qualify as micro, small or medium-sized enterprises within the meaning of the Annex to Commission Recommendation 2003/361/EC* shall establish service quality standards for the carriage of disabled persons and persons with reduced mobility, covering at least the issues specified in Annex II to this Regulation.

Regulation (EC) No 1107/2006

________________

Article 2 – paragraph 1 – point 2 b (new), Article 14: (2b) Article 14 is replaced by the following: / ‘Article 14 / Designation of national enforcement bodies / 1. Each member State shall designate a body or bodies responsible for the enforcement of this Regulation as regards flights from airports situated on its territory and flights from a third country to such airports. Each body shall take the measures necessary to ensure that the rights of disabled persons and persons with reduced mobility are respected and shall be independent in its organisation, funding decisions, legal structure and decision-making of from any air carrier, airport managing body and intermediary. / 2. Member States shall inform the Commission of the body or bodies designated in accordance with this Article and of its or their respective responsibilities. The Commission and the bodies designated shall publish that information on their websites.’

* Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36, ELI: http://data.europa.eu/eli/reco/2003/361/oj).’;

(32006R1107)

(b) the following paragraph is inserted:

Regulation (EC) No 1107/2006

‘2a. The managing bodies and air carriers shall also set quality standards for structured dialogue with organisations representing disabled persons and persons with reduced mobility and for the implementation of the disability awareness and assistance training of their staff.’;

Article 2 – paragraph 1 – point 2 c (new), Article 14 -a (new): (2c) the following article is inserted: / Article 14-a / Enforcement tasks / 1. The National Enforcement Body shall closely monitor compliance with this Regulation and shall take the measures necessary to ensure that the rights of disabled persons and persons with reduced mobility are upheld. / 2. For this purpose, air carriers and airport managing bodies shall provide national enforcement body with relevant documents and information at their request within one month of its request. In carrying out their functions, the national enforcement bodies shall take account of the information submitted to them by the other body designated to handle complaints as defined in Article 14 paragraph 1. / 3. Member States shall ensure that their respective National Enforcement Bodies are given sufficient power to penalise effectively with infringements and shall be able to take enforcement actions based on individual complaints as defined in Article 15. / 4. The National Enforcement Bodies shall perform a monitoring of compliance with passenger rights as laid down in Article 14a. Monitoring activities may be performed jointly by national enforcement bodies in the event of air services between two or several EU Member States.The National Enforcement Body shall disseminate such information to the bodies designated for alternative dispute resolution pursuant to this Regulation. / 5. Every two years, the national enforcement bodies shall publish reports with statistics on their activity, includi…

(c) paragraph 3 is replaced by the following:

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‘3. The managing bodies and air carriers shall make their quality standards publicly available and shall monitor their performance in accordance with those standards. Upon request, they shall provide the national enforcement body or bodies with information on that performance. With a view to the evaluation by the Commission of the service quality standards under Article 17a, the managing bodies and air carriers shall, upon request, provide the Commission with information on that performance during the first five years from … [the date of entry into force of this amending Regulation].’;

Regulation (EC) No 1107/2006

(4) Article 14 is replaced by the following:

Article 2 – paragraph 1 – point 3, Article 14a – title: Tasks of national enforcement bodies related to risk-based approach concerning monitoring of compliance with passenger rights

‘Article 14 Designation of national enforcement bodies

Regulation (EC) No 1107/2006

1. Each Member State shall designate a national enforcement body or bodies responsible for the enforcement of this Regulation as regards flights from airports situated in its territory and flights from a third country to such airports.

Article 2 – paragraph 1 – point 3, Article 14a – paragraph 4: 4. Compliance monitoring activities shall be based on the assessment of risks that could be carried out by means of audits, inspections, interviews, verifications and examination of documents and discussions as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified.

2. Each national enforcement body shall be independent in its organisation, funding decisions, legal structure and decision-making of any air carrier, agent, tour operator or airport managing body, or the commercial interests of other persons or entities.

Regulation (EC) No 1107/2006

3. Member States shall inform the Commission of the national enforcement body or bodies designated in accordance with this Article and of the respective responsibilities of those bodies, including any changes thereto. The Commission and the designated national enforcement bodies shall publish that information on their websites.’;

Article 2 – paragraph 1 – point 3, Article 14a – paragraph 5 a (new): 5a. If action plans are deemed insufficient, or if non-compliance necessitates an immediate action, National Enforcement Bodies may take enforcement actions as defined in Article 16a

(5) the following articles are inserted:

Regulation (EC) No 1107/2006

‘Article 14a Enforcement tasks

Article 2 – paragraph 1 – point 3, Article 14b: deleted / (deleted) / (deleted) / (deleted) / (deleted)

1. The national enforcement body shall closely monitor compliance with this Regulation and shall take the measures necessary to ensure that the rights of disabled persons and persons with reduced mobility are upheld.

Regulation (EC) No 1107/2006

2. The monitoring shall be carried out in accordance with Union law, national standards and applicable rules. It may be based on a factual assessment that takes into account complaints made by passengers under Article 15a, where available, as well as on findings of the previous monitoring activities carried out by the national enforcement bodies, on information received in accordance with paragraph 3 of this Article and with Article 15b, as well as on other sources of information pertaining to the application of this Regulation in the territory of the respective Member State. Monitoring activities may include audits, inspections, interviews, and the examination of documents.

Article 2 – paragraph 1 – point 3, Article 14c – paragraph 1 a (new): 1a. The participation of air carriers and intermediaries under the scope of this Regulation in alternative dispute resolution procedures shall be mandatory and their decisions binding, without prejudice to the right of parties to access the judicial system, [in accordance with the Directive (EU) 2024/… on alternative dispute resolution for consumer disputes].

3. The national enforcement bodies may request air carriers, their agents, tour operators and airport managing bodies to provide documents and information that are relevant to the purposes of carrying out their functions as referred to in paragraph 1. Such documents and information shall be provided within one month from the receipt of the request, unless a different deadline is specified by the national enforcement body.

Regulation (EC) No 1107/2006

4. In carrying out their functions, the national enforcement bodies shall, where relevant, take into account the information submitted to them by a body designated to handle complaints in accordance with Article 15a(1).

Article 2 – paragraph 1 – point 3, Article 14d – paragraph 2 a (new): 2a. The Commission shall support dialogue and promote cooperation between Member States concerning national interpretation and application of this Regulation through the Committee referred to in Article 16a.

5. Member States shall ensure that their respective national enforcement bodies are given sufficient powers to take enforcement actions.

Regulation (EC) No 1107/2006

6. In the event of air services between two or more Member States, monitoring activities may be performed jointly by national enforcement bodies.

Article 2 – paragraph 1 – point 3, Article 14d – paragraph 2 b (new): 2b. At the request of a Member State, a National Enforcement body, or on its own initiative, the Commission shall examine cases where differences in the application and enforcement of any of the provisions of this Regulation arise.

7. By 30 June 2030, and every five years thereafter, the national enforcement bodies shall publish reports on their activities, including, where relevant, on penalties applied. Those reports shall be made available on the website of the European Union Aviation Safety Agency.

Regulation (EC) No 1107/2006

8. Air carriers shall give their contact details to the national enforcement body or bodies of the Member States in which they operate and shall promptly update them when necessary.

Article 2 – paragraph 1 – point 3, Article 14d – paragraph 2 c (new): 2c. The Commission may, where appropriate, adopt guidelines with a view to promote common application and, where necessary, propose amendments to this Regulation to the European Parliament and Council under article 27 of this Regulation.

▌

Regulation (EC) No 1107/2006

Article 14b Information about suspected practices of non-compliance

Article 2 – paragraph 1 – point 3, Article 14d a (new): Article 14da / Inspections of national enforcement bodies / 1. The Commission may conduct inspections of national enforcement bodies in order to monitor the application by Member States of the Regulation and to make recommendations to improve its enforcement. / 2. The Commission shall in good time before an inspection inform the Member State concerned thereof. / 3. Each Commission inspection report shall be communicated to the national enforcement authority of the Member State concerned, which shall, in its answer, set out the measures taken to remedy the non-compliances identified and address the recommendations. / 4. The report, together with the answer of the national enforcement body, shall subsequently be communicated to the national enforcement bodies of the other Member States, where appropriate.

▌

Regulation (EU) No 1107/2006

1. ▌The Commission may alert the national enforcement bodies about specific suspected practices of non-compliance with the obligations laid down in this Regulation by one or more air carriers, airport managing bodies or tour operators. Where, in accordance with its powers and procedures pursuant to national law, the national enforcement body initiates any investigation, it shall inform the Commission, upon request, of its findings.

Article 2 – paragraph 1 – point 3 a (new), Article 15: (3a) Article 15 is replaced by the following: / ‘Article 15 / Complaint-handling / 1. Each air carriers and airport managing bodies shall set up a complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility. At the time of booking, they shall provide information to passengers on the complaint handling processes and the relevant time limits under this Article. Information on complaint handling shall also be accessible on the air carriers’ and intermediaries’ websites and applications and shall be communicated in the email that notifies any event that could give rise to the rights enshrined in this Regulation. / 2. Disabled persons and persons with reduced mobility may submit a complaint to any air carriers or airport managing body regarding their respective fields of responsibility via the mechanisms referred to in paragraph 1. Such a complaint shall be submitted within one year from the date on which the flight was performed or was scheduled to be performed. / 3. Within seven working days of receiving the complaint, the addressee shall confirm the receipt of the complaint to the passenger. Within two months of receiving the complaint, the addressee shall provide a reasoned answer to the passenger. Where the addressee does not provide that full answer within that two-month period, it shall be deemed to have accepted the passenger’s claims. / 4. With the reasoned answer, the addressee shall also communicate…

2. Paragraph 1 shall be without prejudice to the operational independence of the national enforcement bodies.’;

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(6) Article 15 is replaced by the following:

Regulation (EC) No 1107/2006

‘Article 15 Complaints to the air carrier or airport managing body

Article 2 – paragraph 1 – point 3 b (new), Article 15a (new): (3b) the following article , is inserted : / ‘Article 15a / Complaint handling by national enforcement bodies and other bodies / 1. Without prejudice to the rights of consumers to seek alternative redress pursuant to Directive 2013/11/EU of the European Parliament and of the Council , after having complained unsuccessfully to the air carrier or airport managing body pursuant to Article 15, the disabled persons and persons with reduced mobility may complain to the national enforcement body or any other body designated under paragraph 2 of this Article no later than one year from receiving information on the rejection of the original complaint by the air carrier. / 2. Disabled persons and persons with reduced mobility may complain about an alleged infringement of this Regulation at any airport situated on the territory of a Member State or concerning any flight from any airport situated on the territory of a Member State or of a third country to such airports, either to the national enforcement body, or to any other body designated by a Member State for that purpose. / 3. The national enforcement body or any other body designated under paragraph 2 shall acknowledge receipt of the complaint within two weeks of receiving it. The complaint-handling procedure shall take a maximum of three months from the date of the establishment of the complaint file. The complaint-handling procedure shall be made accessible to persons with disabilities and to persons with reduced mobility in acce…

1. Each air carrier and airport managing body shall set up a complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility.

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2. Disabled persons and persons with reduced mobility may submit a complaint to any air carrier or airport managing body regarding their respective fields of responsibility by means of the mechanism referred to in paragraph 1. Such a complaint shall be submitted within 12 months from the date on which the flight was performed or was scheduled to be performed, or three months after submitting a request for compensation, whichever is later.

Regulation (EC) No 1107/2006

3. Within seven working days of receiving the complaint, the addressee shall confirm receipt of the complaint to the passenger. Within one month of receiving the complaint, the addressee shall either provide a reasoned reply or, in duly justified cases, inform the passenger that they will receive a final reply within a period of less than two months from the date of receipt of the complaint.

Article 2 – paragraph 1 – point 3 c (new), Article 16: (3c) Article 16 is replaced by the following: / ‘Article 16 / Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them.’

4. The final reply shall also contain the relevant contact details of the body or bodies responsible for the handling of complaints under Article 15a. This obligation may be fulfilled by referring the passenger to the list of complaint-handling bodies made available by the Commission.

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5. The burden of proof with regard to the provision of the requisite information to passengers shall be on the air carrier and the airport managing body.

Regulation (EC) No 1177/2010

6. Details of the complaint-handling procedure shall be accessible to the public, including to disabled persons and to persons with reduced mobility, in an accessible format. This information shall be made publicly available, in accessible formats and in at least the same languages as the general information made available to passengers.’;

Article 3 – paragraph 1 – point -1 (new), Article 3 – paragraph 1 – point u a (new): (-1) in Article 3(1), the following point is added : / ‘(ua) ‘service quality standards’ means key performance indicators measuring levels of performance and elements of compliance with passengers rights.’

(7) the following articles are inserted:

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‘Article 15a Passengers' complaints to designated bodies

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1. Without prejudice to the rights of consumers to seek alternative dispute resolution pursuant to Directive 2013/11/EU of the European Parliament and of the Council*, Member States shall each designate a body for passenger complaints pursuant to this Regulation (the “body for passenger complaints”).

Article 3 – paragraph 1 – point -1 a (new), Article 3 – paragraph 1 – point u b (new): (-1a) in Article 3(1), the following point is added / ‘(ub) “recognised assistance dog” means a dog specifically trained to increase independence and self-determination of persons with disabilities, officially recognised in accordance with applicable national rules, where such rules exist.’

2. If the body for passenger complaints is different from the national enforcement body designated pursuant to Article 14, Member States shall inform the Commission of the body for passenger complaints. The Commission and the body for passenger complaints shall publish that information on their websites.

(32010R1177)

3. Any disabled person or person with reduced mobility may submit a complaint, in accordance with national law, to the body for passenger complaints, or to any other competent body designated by a Member State, about an alleged infringement of this Regulation.

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4. After having submitted a complaint to the air carrier or airport managing body pursuant to Article 15, the disabled person or person with reduced mobility may submit a complaint to the body designated in accordance with paragraph 1 of this Article:

Article 3 – paragraph 1 – point -1 b (new), Article 3 – paragraph 1 – point u c (new): (-1b) in Article 3(1), the following point is added : / ‘(uc) ‘accessible format’ means a format that gives a person with disabilities or with reduced mobility access to any relevant information, including allowing such a person to have access to such information as easily and comfortably as a person without any impairments or disabilities, and that meets accessibility requirements defined in accordance with the applicable law, in particular with Annex I to Directive (EU) 2019/882;’

(a) no later than three months from the date of being informed of the rejection of the original complaint by the air carrier or the airport managing body; or

(32010R1177)

(b) where no reply is received from the air carrier or the airport managing body within two months from the date of the original complaint submitted to the air carrier or airport managing body .

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5. The body for passenger complaints shall acknowledge receipt of the complaint within 14 calendar days of receiving it. Where the body for passenger complaints has the power to issue enforceable decisions in individual cases, it shall provide the disabled person or person with reduced mobility with a substantiated reply to their complaint within a reasonable period of time. Where the body for passenger complaints does not have such a power, it may issue an opinion or recommendation on the complaint and it shall inform the passenger about available means to seek redress, including the right to submit a complaint to alternative dispute resolution bodies, and shall inform the passenger of the applicable deadlines.

Article 3 – paragraph 1 – point 1 – point a a (new), Article 16 – paragraph 3: (aa) paragraphs 3 is replaced by the following: / ‘3. The carrier or, where appropriate, the terminal operator, shall ensure that persons with disabilities and reduced mobility receive the information required under paragraphs 1 and 2 in accessible format.’

6. The obligation under paragraph 5 of this Article to inform the passengers about their right to seek redress with an alternative dispute resolution body may be fulfilled by referring them to the interactive tool hosting a list of notified alternative dispute resolution entities, maintained by the Commission pursuant to Article 20 of Directive 2013/11/EU, or, where appropriate, to the designated alternative dispute resolution contact points notified to the Commission under Article 24 of that Directive.

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7. The complaint-handling procedure shall be made available to disabled persons or persons with reduced mobility in an accessible format.

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Article 15b Exchange of information and cross-border cooperation between national enforcement bodies

Article 3 – paragraph 1 – point 1 – point b, Article 16 – paragraph 4: 4. The information required under paragraphs 1 and 2 shall be also provided by electronic means to all passengers, within the time-limit stipulated in paragraph 1, via the contact details shared with the carrier or, where appropriate, to the terminal operator, when purchasing the ticket.;

1. Where a Member State designates different bodies pursuant to Articles 14 and 15a of this Regulation, those bodies shall ensure the exchange of relevant information between them, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council**, in order to help the national enforcement body to carry out its tasks of supervision and enforcement, and so that the body for passenger complaints designated pursuant to Article 15a of this Regulation can collect the information necessary to examine individual complaints.

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2. The national enforcement bodies of the Member States shall exchange information on their work and decision-making principles and practices for the purpose of cross-border coordination. The Commission shall support them in that task.

Article 3 – paragraph 1 – point 2, Article 19a – paragraph 1: 1. The Commission shall adopt an implementing act establishing a common form for reimbursement and compensation requests (the ‘common form’) under Articles 18 and 19. That common form shall be established in an accessible format and available in all Union languages. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 38 (2) of Regulation (EU) 2021/782.17

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* Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) (OJ L 165, 18.6.2013, p. 63, ELI: http://data.europa.eu/eli/dir/2013/11/oj);

Article 3 – paragraph 1 – point 2, Article 19a – paragraph 1 a (new): 1a. Carriers shall automatically send to passengers the common form for reimbursement and compensation requests as defined in paragraph 1 in the case of a cancellation or a delay in departure or delay in arrival of a passenger service or a cruise as defined in Articles 18 and 19.

** 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 (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).’;

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(8) Article 16 is replaced by the following:

Article 3 – paragraph 1 – point 2, Article 19a – paragraph 1 b (new): 1b. This requirement shall not apply to the air carriers and intermediaries where other automated electronic means of communication allowing passengers to request reimbursement or compensation exist, provided that such means offer the choice and information set out in the common form and are also available in in the language of the booking and in the language internationally accepted in this field.

‘Article 16 Penalties

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Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them.’;

Article 3 – paragraph 1 – point 2, Article 19a – paragraph 2: 2. Passengers shall have the right to submit their requests for compensation or reimbursement using the common form referred to in paragraph 1 or by other means. Carriers shall not reject a request solely on the grounds that the passenger has not used the common form referred to in paragraph 1. Passengers shall have the right to submit their request in at least the language of the booking. If a request is not sufficiently precise, the carrier shall ask the passenger to clarify or complete the request and shall duly motivate the request for additional information and assist the passenger in doing so.

(9) the following article is inserted:

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‘Article 17a Review of service quality standards

Article 3 – paragraph 1 – point 2, Article 19a – paragraph 3: 3. Without prejudice to paragraph 1a, carriers shall provide details clear information on their websites regarding the different electronic means that allow passengers to request reimbursement or compensation, such as an e-mail address, electronic forms or mobile applications, to which requests under paragraph 1 may be sent. Regardless of the electronic mean used, passengers shall be provided with electronic confirmation as proof that such a request has been submitted.

1. By … [five years from the date of entry into force of this amending Regulation], the Commission shall carry out a comprehensive evaluation of all service quality standards, as part of the first report on the operation and the effects of this Regulation.

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2. That evaluation shall examine in particular:

Article 3 – paragraph 1 – point 3 – point a – point i, Article 23 – paragraph 1: When selling tickets for services falling within the scope of this Regulation, carriers, ticket vendors, travel agents, tour operators and terminal operators shall, within their respective areas of competence, ensure that passengers are provided with appropriate and comprehensible information regarding their rights under this Regulation. The information shall be provided in an accessible format.

(a) measurable benefits for passengers, in particular disabled persons and persons with reduced mobility, under this Regulation, including in comparison with the various service quality standards in other modes of transport;

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(b) the effectiveness of such standards when compared to other means with the potential to achieve comparable results for passengers, in terms of cost-efficiency, proportionality and administrative burdens incurred on market actors and authorities.

Article 3 – paragraph 1 – point 4, Article 23a – paragraph 1: The information and the correspondence, referred to in Articles 16, 22 and 23 shall be provided by electronic means, where technically possible and in accesible format.

3. On the basis of the findings in the comprehensive evaluation, the Commission may, where appropriate, submit a legislative proposal to adjust service quality standards in air passenger transport accordingly.’;

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(10) Annexes I and II are replaced by the text set out in Annex I to this Regulation.

Article 3 – paragraph 1 – point 4, Article 23a – subparagraph 2: Where information is provided by electronic means of communication, carriers, terminal operators, port authorities, travel agents, tour operators and ticket vendors shall ensure that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. The burden of proof concerning the questions as to whether and when they have provided the necessary information to passengers shall rest with carriers, terminal operators, port authorities, travel agents and ticket vendor. All means of communication shall enable the passenger to contact them quickly and communicate efficiently.

Article 3 Amendments to Regulation (EU) No 1177/2010

Regulation (EU) No 1177/2010 is amended as follows:

Article 3 – paragraph 1 – point 4 a (new), Article 24: (4a) Article 24 is replaced by the following: / ‘Article 24 / Complaint-handling / 1. Each carriers and terminal operator shall set up an accessible complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility. At the time of booking, they shall provide information to passengers on the complaint handling processes and the relevant time limits under this Article. Information on complaint handling shall also be accessible on the carriers’ and intermediaries’ websites and applications and shall be communicated in the email that notifies any event that could give rise to the rights enshrined in this Regulation. / 2. Passengers may submit a complaint to any carriers or terminal operators regarding their respective fields of responsibility via the mechanisms referred to in paragraph 1. Such a complaint shall be submitted within one year from the date on which the service was performed or when a service should have been performed . / 3. Within seven working days of receiving the complaint, the addressee shall confirm the receipt of the complaint to the passenger. Within two month of receiving the complaint, the addressee shall provide a reasoned answer to the passenger. Where the addressee does not provide that full answer within that two-month period, it shall be deemed to have accepted the passenger’s claims. / 4. With the reasoned answer, the addressee shall also communicate to the passenger concerned the rele…

(1) in Article 3, the following points are added:

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‘(v) “recognised assistance dog” means a dog specifically trained to increase the independence and self-determination of disabled persons, officially recognised in accordance with applicable national rules, where such rules exist;

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(w) “accessible format” means a format that gives a disabled person or a person with reduced mobility access to any relevant information, including by providing that person with access in as feasible and as comfortable a manner as a person without an impairment or disability, and which meets accessibility requirements defined in accordance with the applicable Union law, in particular Directive (EU) 2019/882 of the European Parliament and of the Council*.

Article 3 – paragraph 1 – point 5, Article 24a – paragraph 1: 1. Carriers, which are not SMEs, shall establish service quality standards and implement a quality management system to maintain and improve service quality. The service quality standards shall at least cover the items listed in Annex V.

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* Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70, ELI: http://data.europa.eu/eli/dir/2019/882/oj).’;

Article 3 – paragraph 1 – point 5, Article 24a – paragraph 2: 2. Carriers, which are not SMEs, shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on the Internet by [2 years after the day of application of this Regulation], and every two years thereafter. This report shall not contain personal data.

(2) Article 13 is amended as follows:

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(a) the following paragraph is inserted:

Article 3 – paragraph 1 – point 5 a (new), Article 25: (5a) Article 25 is replaced by the following : / ‘Article 25 / Designation of national enforcement bodies / 1. Each Member State shall designate a body or bodies responsible for the enforcement of this Regulation as regards passenger services and cruises from ports situated on its territory and passenger services from a third country to such ports . Each body shall take the measures necessary to ensure that the rights of passengers are respected. / Each body shall be independent in its organisation, funding decisions, legal structure and decision-making from any carrier or terminal operator or any other commercial interests. / 2. Member States shall inform the Commission of the body or bodies designated in accordance with this Article and of its or their respective responsibilities. The Commission and the bodies designated shall publish that information on their websites.’

‘2a. Terminal operators and carriers shall also set quality standards for structured dialogue with organisations representing disabled persons and persons with reduced mobility and for the implementation of the disability awareness and assistance training referred to in Article 14, point (a).’;

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(b) paragraph 3 is replaced by the following:

Article 3 – paragraph 1 – point 6, Article 25a – title: Tasks of national enforcement bodies related to risk-based approach concerning monitoring of compliance with passenger rights

‘3. The quality standards provided for in paragraph 1 shall be made publicly available by terminal operators and carriers physically or on the internet in accessible formats and in the same languages as those in which information is generally made available to all passengers. Terminal operators and carriers shall monitor their performance in accordance with those quality standards. Upon request, they shall provide the national enforcement body or bodies with information on that performance. With a view to the evaluation by the Commission of the service quality standards under Article 29a, terminal operators and carriers shall, upon request, provide the Commission with information on that performance during the first five years from … [the date of entry into force of this amending Regulation].’;

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(3) Article 16 is amended as follows:

Article 3 – paragraph 1 – point 6, Article 25a – paragraph 4: 4. Compliance monitoring activities shall be based on the assessment of risks that could be carried out by means of audits, inspections, interviews, verifications and examination of documents and discussions as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified.

(a) paragraph 1 is replaced by the following:

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‘1. In the case of a cancellation or a delay in departure of a passenger service or a cruise, passengers departing from port terminals or, if possible, passengers departing from ports shall be informed by the carrier or, where appropriate, by the terminal operator, of the situation and of their passenger rights under this Regulation as soon as possible and in any event no later than 30 minutes after the scheduled time of departure, and of the estimated departure time and estimated arrival time as soon as that information is available.’;

Article 3 – paragraph 1 – point 6, Article 25a – paragraph 5 a (new): 5a. If action plans are deemed insufficient, or if non-compliance necessitates an immediate action, National Enforcement Bodies may take enforcement actions as defined in Article 26.

(b) paragraph 3 is replaced by the following:

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‘3. The carrier or, where appropriate, the terminal operator, shall ensure that disabled persons or persons with reduced mobility receive the information required under paragraphs 1 and 2 in accessible format.’;

Article 3 – paragraph 1 – point 6, Article 25b: deleted / (deleted) / (deleted) / (deleted)

▌

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(4) the following article is inserted:

Article 3 – paragraph 1 – point 6 a (new), Article 26: (6a) Article 26 is replaced by the following: / ‘Article 26 / Enforcement tasks / 1. The National Enforcement Body shall closely monitor compliance with this Regulation and shall take the measures necessary to ensure that the rights of passengers are upheld. For this purpose, carriers and terminal operators shall provide national enforcement body with relevant documents and information at their request within one month of its request. In carrying out their functions, the national enforcement bodies shall take account of the information submitted to them by the other body designated to handle complaints as defined in Article 25 paragraph 1. / 2. Monitoring activities may be performed jointly by national enforcement bodies in the event of air services between two or several EU Member States. / 3. Member States shall ensure that their respective National Enforcement Bodies are given sufficient power to penalise effectively infringements. National Enforcement Bodies shall be able to take enforcement actions based on individual complaints as defined in Article 26a. / 4. In the event that the carrier invokes extraordinary circumstances as a justification for refusing compensation under this Regulation, the carrier shall substantiate its claim by providing adequate evidence on those circumstances and related technical issues to the NEB within 48 hours. Furthermore, the carrier shall demonstrate that all reasonable measures were taken to prevent the cancellation or delay of the passe…

‘Article 19a Submission of reimbursement and compensation requests

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1. The Commission shall adopt an implementing act establishing a common form for reimbursement and compensation pursuant to Articles 18 and 19 (the “common form”). That common form shall be established in an accessible format. The Commission shall make the common form available on its website in all official languages of the Union . The implementing act shall be adopted in accordance with the advisory procedure referred to in Article 28a(2).

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2. Following travel disruptions, carriers shall, where possible and without undue delay, provide to passengers a common form, or a link allowing a direct access to that form.

Article 3 – paragraph 1 – point 6 b (new), Article 26 a (new): (6b) the following article is inserted : / ‘Article 26a / Complaint handling by national enforcement bodies and other bodies / 1. Without prejudice to the rights of consumers to seek alternative redress pursuant to Directive 2013/11/EU of the European Parliament and of the Council , after having complained unsuccessfully to the carrier or terminal operator pursuant to Article 24, the passenger may complain to the national enforcement body or any other body designated under paragraph 1 of Article no later than one year from receiving information on the rejection of the original complaint by the carrier or terminal operator. / 2. Any passenger may complain about an alleged infringement of this Regulation at any terminal operator on the territory of a Member State or concerning a passenger service or a cruise, either to the national enforcement body, or to any other body designated by a Member State for that purpose. / 3. The national enforcement body or any other body designated under paragraph 2 shall acknowledge receipt of the complaint within two weeks of receiving it. The complaint-handling procedure shall take a maximum of three months from the date of the establishment of the complaint file. The complaint-handling procedure shall be made accessible to persons with disabilities and to persons with reduced mobility in accessible format. / 4. Where a complaint relates to alleged infringements by terminal operator, the complaint shall be handled by the national enforcement bo…

3. The requirement set out in paragraph 2 shall not apply to carriers who make use of other means of communication allowing passengers to request reimbursement or compensation, such as a carrier’s own electronic form made available on its website, a paper form or a mobile application, provided that such means offer, in an accessible format, the choice and information set out in the common form and are available in at least the language of the booking.

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4. ▌Passengers shall have the right to submit their requests for reimbursement or compensation using the form provided by the carrier in accordance with paragraph 2 or 3, or by other means. Carriers shall not reject a request ▌ on the grounds that the passenger has not used the common form or the form provided in accordance with paragraph 3, or that the passenger has sent the request by means other than electronic means.

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Passengers shall have the right to submit their request in at least the language of the booking.

Article 3 – paragraph 1 – point 6 c (new), Article 26 b (new): (6c) the following article is inserted : / Article 26b / Inspections of national enforcement bodies / 1. The Commission may conduct inspections of national enforcement bodies in order to monitor the application by Member States of the Regulation and to make recommendations to improve its enforcement. / 2. The Commission shall in good time before an inspection inform the Member State concerned thereof. / 3. Each Commission inspection report shall be communicated to the national enforcement authority of the Member State concerned, which shall, in its answer, set out the measures taken to remedy the non-compliances identified and address the recommendations. / 4. The report, together with the answer of the national enforcement body, shall subsequently be communicated to the national enforcement bodies of the other Member States, where appropriate.

If a request is not sufficiently precise, the carrier shall ask the passenger to clarify or complete the request. If requested additional information is outside the scope of standard information covered by the common form, the carrier shall give reasons for its request.

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5. Without prejudice to paragraphs 2 and 3, carriers shall provide clear information on their websites regarding the various electronic means that allow passengers to request reimbursement or compensation, such as an e-mail address, electronic forms or mobile applications. When passengers submit their requests through electronic means, they shall receive an electronic confirmation as proof that such requests have been submitted.’;

Article 3 – paragraph 1 – point 6 d (new), Article 27: (6d) Article 27 is replaced by the following: / ‘Article 27 / Exchange of information and cross-border cooperation between national enforcement bodies / Where different bodies are designated under Articles 25 and 26a, reporting mechanisms shall be set up to ensure the exchange of information between them, in accordance with Regulation (EU) 2016/679, in order to help the national enforcement body to carry out its tasks of supervision and enforcement, and so that the complaint-handling body designated under Article 26a can collect the information necessary to examine individual complaints.’

▌

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(5) Article 23 is amended as follows:

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(a) paragraph 1 is replaced by the following:

Article 3 – paragraph 1 – point 7, Article 27a – paragraph 2 a (new): 2a. The Commission shall support dialogue and promote cooperation between Member States concerning national interpretation and application of this Regulation through the Committee referred to in Article 16a.

‘1. When selling tickets for services falling within the scope of this Regulation, carriers, ticket vendors, travel agents, tour operators and terminal operators shall, within their respective areas of competence, ensure that passengers are provided with appropriate and comprehensible information regarding their rights under this Regulation. ▌

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Carriers, terminal operators and, where applicable, port authorities, shall also, within their respective areas of competence, ensure that information on the rights of passengers under this Regulation is publicly available on board ships, in ports, if possible, and in port terminals.’;

Article 3 – paragraph 1 – point 7, Article 27a – paragraph 2 b (new): 2b. At the request of a Member State, a National Enforcement body, or on its own initiative, the Commission shall examine cases where differences in the application and enforcement of any of the provisions of this Regulation arise.

(b) the following paragraph is inserted:

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‘1a. The information referred to in paragraph 1 shall be provided as far as possible in an accessible format and in the same languages as those in which information is generally made available to all passengers. When that information is provided, particular attention shall be paid to the needs of disabled persons and of persons with reduced mobility.’;

Article 3 – paragraph 1 – point 7, Article 27a – paragraph 2 c (new): 2c. The Commission may, where appropriate, adopt guidelines with a view to promote common application and, where necessary, propose amendments to this Regulation to the European Parliament and Council under article 27 of this Regulation.

(c) paragraph 3 is replaced by the following:

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‘3. Carriers, terminal operators and, where applicable, port authorities shall inform passengers in an appropriate manner on board ships, in ports, if possible, and in port terminals, of their contact details and the contact details of the enforcement body designated by the Member State concerned pursuant to Article 25(1).’;

Article 3 – paragraph 1 – point 7 a (new), Article 28: (7a) Article 28 is replaced by the following : / ‘Article 28 / 1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them. / 2. In the framework of cooperation referred to in Article 27 the national enforcement body which is competent for the purposes of Article 26a (4) or (5) shall, at the request of the national enforcement body handling the complaint, investigate the infringement of this Regulation identified by that body and, if necessary, impose penalties.’

(6) the following article is inserted:

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‘Article 23a Means of communication with passengers

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The information referred to in Articles 16, 22 and 23 shall be provided by electronic means, where technically possible, and in an accessible format.

Article 3 – paragraph 1 – point 8 a (new), Article 29: (8a) Article 29 is replaced by the following: / Every five years the Commission shall make a report on the implementation of this Regulation to the European Parliament and the Council based in particular on reports from the national enforcement bodies and results from its inspections. The report shall, where necessary, be accompanied by appropriate legislative proposals."

Where information is provided by electronic means , carriers, terminal operators, port authorities, travel agents, tour operators and ticket vendors shall ensure that ▌ any written correspondence, including the date and time of such correspondence, can be kept for further reference. The burden of proof with regard to the provision of the necessary information to passengers shall be on the carriers, terminal operators, port authorities, travel agents, tours operators and ticket vendors. All means of communication shall enable the passenger to contact them quickly and communicate efficiently. ▌’;

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(7) Articles 24, 25 and 26 are replaced by the following:

Regulation (EU) No 181/2011

‘Article 24 Complaints to the carrier or terminal operator

Article 4 – paragraph 1 – point -1 (new), Article 3 – paragraph 1 – point q a (new): (-1) In Article 3(1), the following point is added : / ‘(qa) “recognised assistance dog” means a dog specifically trained to increase independence and self-determination of persons with disabilities, officially recognised in accordance with applicable national rules, where such rules exist. ‘

1. Each carrier and terminal operator shall set up an accessible complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility.

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2. Passengers may submit a complaint to any carrier or terminal operator regarding their respective fields of responsibility by means of the mechanism referred to in paragraph 1. Such a complaint shall be submitted within three months from the date on which the service was performed or when a service should have been performed.

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3. Within seven working days of receiving the complaint, the addressee shall confirm receipt of the complaint to the passenger. Within one month of receiving the complaint, the addressee shall either provide a reasoned reply or, in duly justified cases, inform the passenger that they will receive a final reply no later than three months from the date of receipt of the complaint.

Article 4 – paragraph 1 – point -1 a (new), Article 3 – paragraph 1 – point q b (new): (-1a) In Article 3(1), the following point is added : / ‘(qb) ‘accessible format’ means a format that gives a person with disabilities or with reduced mobility access to any relevant information, including allowing such a person to have access to such information as easily and comfortably as a person without any impairments or disabilities, and that meets accessibility requirements defined in accordance with the applicable law, in particular with Annex I to Directive (EU) 2019/882;’

4. The final reply shall also contain the relevant contact details of the body or bodies responsible for the handling of complaints under Article 26a. This obligation may be fulfilled by referring the passenger to the list of complaint handling bodies made available by the Commission.

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5. Where the carrier invokes extraordinary circumstances, it shall inform the passenger in its reply of the specific circumstances responsible for the cancellation or delay.

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6. The burden of proof with regard to the provision of the requisite information to passengers shall be on the carrier and the terminal operator.

Article 4 – paragraph 1 – point -1 b (new), Article 3 – paragraph 1 – point q c (new): (-1b) In Article 3(1), the following point is added : / ‘(qc) ‘service quality standards’ means key performance indicators measuring levels of performance and elements of compliance with passengers rights.’

7. Details of the complaint-handling procedure shall be made available to the public, including to disabled persons and to persons with reduced mobility, in an accessible format. This information shall be available on board ships, in ports, if possible, and in port terminals at least in the same languages as those in which information is generally made available to all passengers. The carrier shall inform the passenger of the details of the complaint-handling procedure at the time of the reservation or the advance purchase of the ticket, where applicable.

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Article 25 Designation of national enforcement bodies

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1. Each Member State shall designate a national enforcement body or bodies responsible for the enforcement of this Regulation as regards passenger services and cruises from ports situated in its territory and passenger services from a third country to such ports.

Article 4 – paragraph 1 – point 1, Article 19a – paragraph 1: 1. The Commission shall adopt an implementing act establishing a common form for reimbursement and compensation requests under Article 19 of this Regulation. That common form shall be established in an accessible format and available in all Union languages. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 38 (2) of Regulation (EU) 2021/78219 .

2. Each national enforcement body shall be independent in its organisation, funding decisions, legal structure and decision-making of any carrier or terminal operator or the commercial interests of other persons or entities.

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3. Member States shall inform the Commission of the national enforcement body or bodies designated in accordance with this Article and of the respective responsibilities of those bodies, including any changes thereto. The Commission and the designated national enforcement bodies shall publish that information on their websites.

Article 4 – paragraph 1 – point 1, Article 19a – paragraph 1 a (new): 1a. Carriers shall automatically send to passengers the common form for reimbursement and compensation requests as defined in paragraph 1 in the case of a cancellation or a delay in departure as defined in Article 19.

Article 26 Enforcement tasks

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1. The national enforcement body shall closely monitor compliance with this Regulation and shall take the measures necessary to ensure that the rights of passengers are upheld.

Article 4 – paragraph 1 – point 1, Article 19a – paragraph 2: 2. Passengers shall have the right to submit their requests for compensation or reimbursement using the common form referred to in paragraph 1 or by other means. Carriers shall not reject a request solely on the grounds that the passenger has not used the common form referred to in paragraph 1. Passengers shall have the right to submit their request in at least the language of the booking and in the language internationally accepted in this field. If a request is not sufficiently precise, the carrier shall ask the passenger to clarify or complete the request and shall duly motivate the request for additional information and assist the passenger in doing so.

2. The monitoring shall be carried out in accordance with Union law, national standards and applicable rules. It may be based on a factual assessment that takes into account complaints made by passengers under Article 26a, where available, as well as on findings of the previous monitoring activities carried out by the national enforcement bodies, on information received in accordance with paragraph 3 of this Article and Article 27, as well as on other sources of information pertaining to the application of this Regulation in the territory of the respective Member State. Monitoring activities may include audits, inspections, interviews, and the examination of documents.

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3. The national enforcement bodies may request the carriers, ticket vendors, travel agents, tour operators or terminal operators to provide documents and information that are relevant for the purposes of carrying out their functions as referred to in paragraph 1. Such documents and information shall be provided within one month from the receipt of the request, unless specified otherwise by the national enforcement body.

Article 4 – paragraph 1 – point 1, Article 19a – paragraph 3: 3. Without prejudice to paragraph 1a, carriers shall provide clear information on their websites regarding the different electronic means that allow passengers to request reimbursement or compensation, such as an e-mail address, electronic forms or mobile applications, to which requests may be sent. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. Regardless of the electronic mean used, passengers shall be provided with electronic confirmation as proof that such a request has been submitted.

4. In carrying out their functions, the national enforcement bodies shall, where relevant, take into account the information submitted to them by a body designated to handle complaints in accordance with Article 26a(1).

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5. In the event of services between two or more Member States, monitoring activities may be performed jointly by national enforcement bodies.

Article 4 – paragraph 1 – point 2 – point a, Article 20 – paragraph 1 a (new): 1a. Carriers and intermediaries which are SMEs shall be exempted from the provisions on real-time information under this Article, in particular with regard to the time limit of 30 minutes.

6. Member States shall ensure that their respective national enforcement bodies are given sufficient powers to take enforcement actions.

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7. Where a carrier invokes extraordinary circumstances as a justification for refusing compensation under this Regulation, that carrier shall substantiate its claim by providing, upon the request of the national enforcement body, all necessary evidence.

Article 4 – paragraph 1 – point 2 – point b, Article 20 – paragraph 4: 4. The information required under paragraphs 1 and 2 shall also be also provided by electronic means to all passengers, including those departing from bus stops, within the time-limit provided in paragraph 1, via the contact details shared with the carrier or, where appropriate, to the terminal managing body, when purchasing the ticket.;

8. By 30 June 2030, and every five years thereafter, the national enforcement bodies shall publish reports on their activities, including, where relevant, on penalties applied. Those reports shall be made available on the website of the European Maritime Safety Agency.

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9. Carriers, travel agents and tour operators shall give their contact details to the national enforcement body or bodies of the Member States in which they operate and shall promptly update them when necessary.’;

Article 4 – paragraph 1 – point 2 a (new), Article 21: (2a) Article 21 is replaced by the following: / ‘Article 21 / 1. For a journey of a scheduled duration of more than 3 hours the carrier shall, in case of cancellation or delay in departure from a terminal of more than 90 minutes, offer the passenger free of charge: / 1a. Assistance must be provided proactively, without requiring a request from the passenger. It shall be offered in accessible formats and in the language of booking, including through announcements, SMS, and digital notifications. / 1b. Special attention must be paid to the needs of passengers with disabilities, reduced mobility, older persons, children, and other vulnerable travellers. Assistance shall be inclusive, dignified, and respect personal autonomy. / 1c. National Enforcement Bodies shall actively monitor compliance with this Article and impose sanctions for repeated failures, under Article 28.’

(8) the following article is inserted:

Regulation (EU) No 181/2011

‘Article 26a Passengers' complaints to designated bodies

Article 4 – paragraph 1 – point 4 – point a, Article 24 – first sentence: Carriers and terminal managing bodies shall, within their respective areas of competence, provide passengers with adequate information throughout their travel in formats which are accessible to all and in the same languages as those in which information is generally made available to all passengers. This information shall be provided by electronic means, where technically possible. Where providing such information by electronic means is not feasible, carriers shall ensure direct assistance to passengers such as availability of a physical point of contact.

1. Without prejudice to the rights of consumers to seek alternative dispute resolution pursuant to Directive 2013/11/EU of the European Parliament and of the Council*, Member States shall each designate a body for passenger complaints pursuant to this Regulation (the “body for passenger complaints”’).

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2. If the body for passenger complaints is different from the national enforcement body designated pursuant to Article 25, Member States shall inform the Commission of the body for passenger complaints. The Commission and the body for passenger complaints shall publish that information on their websites.

Article 4 – paragraph 1 – point 5, Article 25 – paragraph 1 – subparagraph 2: This information shall also be provided by electronic means via the passenger contact details shared with the carrier or, where appropriate, to the terminal operator, when purchasing the ticket. This information shall also be displayed via electronic means at terminals and, where applicable, on the Internet. At the request of a person with disabilities or person with reduced mobility the information shall be provided in an accessible format.

3. Any passenger may submit a complaint, in accordance with national law, to the body for passenger complaints, or to any other competent body designated by a Member State, about an alleged infringement of this Regulation.

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4. The passenger may also submit a complaint, in accordance with national law, to the body for passenger complaints where:

Article 4 – paragraph 1 – point 6, Article 25a – sparagraph 1: The information and the correspondence referred to in Article 20, Article 24 and Article 25(1) shall be provided by electronic means, where technically possible and in accesible format.

(a) the original complaint submitted to the carrier or the terminal operator pursuant to Article 24 was rejected; or

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(b) the carrier or terminal operator does not reply within three months from the date on which the passenger submitted the original complaint pursuant to Article 24.

Article 4 – paragraph 1 – point 6, Article 25a – paragraph 2: Where information is provided by electronic means of communication, carriers, terminal managing bodies, ticket vendors, travel agents and tour operators shall ensure that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. The burden of proof concerning the questions as to whether and when they have provided the necessary information to passengers shall rest with carriers, terminal operators, travel agents and ticket vendor. All means of communication shall enable the passenger to contact them quickly and communicate efficiently.’;

5. The body for passenger complaints shall acknowledge receipt of the complaint within 14 days of receiving it. Where the body for passenger complaints has the power to issue enforceable decisions in individual cases, it shall provide the passenger with a substantiated reply to their complaint within a reasonable period of time. Where the body for passenger complaints does not have such a power, it may issue an opinion or recommendation on the complaint and it shall inform the passenger about available means to seek redress, including the right to submit a complaint to alternative dispute resolution bodies, and shall inform the passenger of the applicable deadlines.

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6. The obligation under paragraph 5 of this Article to inform the passengers about their right to seek redress with an alternative dispute resolution body may be fulfilled by referring them to the interactive tool hosting a list of notified alternative dispute resolution entities, maintained by the Commission pursuant to Article 20 of Directive 2013/11/EU, or, where appropriate, to the designated alternative dispute resolution contact points notified to the Commission under Article 24 of that Directive.

Article 4 – paragraph 1 – point 6 a (new), Article 26: (6a) Article 26 is replaced by the following: / ‘Article 26 / Complaint-handling / 1. Each carriers and terminal operator shall set up an accessible complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility. At the time of booking, they shall provide information to passengers on the complaint handling processes and the relevant time limits under this Article. Information on complaint handling shall also be accessible on the carriers’ websites and applications and shall be communicated in the email that notifies any event that could give rise to the rights enshrined in this Regulation. / 2. Passengers may submit a complaint to any carriers or terminal operators regarding their respective fields of responsibility via the mechanisms referred to in paragraph 1. Such a complaint shall be submitted within one year from the date on which the service was performed or when a service should have been performed . / 3. Within seven working days of receiving the complaint, the addressee shall confirm the receipt of the complaint to the passenger. Within two month of receiving the complaint, the addressee shall provide a reasoned answer to the passenger. Where the addressee does not provide that full answer within that two-month period, it shall be deemed to have accepted the passenger’s claims. / 4. With the reasoned answer, the addressee shall also communicate to the passenger concerned the relevant contact details…

7. The complaint-handling procedure shall be made available to disabled persons or persons with reduced mobility in an accessible format.

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* Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) (OJ L 165, 18.6.2013, p. 63, ELI: http://data.europa.eu/eli/dir/2013/11/oj).’;

Article 4 – paragraph 1 – point 7, Article 26a – paragraph 1: 1. Carriers, which are not SMEs, shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex III.

(9) Article 27 is replaced by the following:

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‘Article 27 Exchange of information and cross-border cooperation between national enforcement bodies

Article 4 – paragraph 1 – point 7, Article 26a – paragraph 2: 2. Carriers, which are not SMEs, shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on the Internet by [2 years after the day of application of this Regulation], and every two years thereafter. This report shall not contain personal data.

1. Where a Member State designates different bodies pursuant to Articles 25 and 26a of this Regulation, those bodies shall ensure the exchange of relevant information between them, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council*, in order to help the national enforcement body to carry out its tasks of supervision and enforcement, and so that the body for passenger complaints designated pursuant to Article 26a of this Regulation can collect the information necessary to examine individual complaints.

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2. The national enforcement bodies of the Member States shall exchange information on their work and decision-making principles and practices for the purpose of cross-border coordination. The Commission shall support them in that task.

Article 4 – paragraph 1 – point 7 a (new), Article 27: (7a) Article 27 is deleted ;

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* 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 (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).’:

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(10) the following article is inserted:

Article 4 – paragraph 1 – point 7 b (new), Article 28: (7b) Article 28 is replaced by the following: / ‘Article 28 / Designation of national enforcement bodies / 1. Each Member State shall designate a National Enforcement Body or bodies responsible for the enforcement of this Regulation as regards regular services from points situated on its territory and regular services from a third country to such points passenger services. / (deleted) / 2. Each body shall take the measures necessary to ensure that the rights of passengers are respected. / 3. Each body shall be independent in its organisation, funding decisions, legal structure and decision-making of any carrier or terminal operator or any other commercial interests / (deleted) / 4. Member States shall inform the Commission of the body or bodies designated in accordance with this Article and of its or their respective responsibilities. The Commission and the bodies designated shall publish that information on their websites.’

‘Article 27a Information about suspected practices of non-compliance

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▌

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1. ▌The Commission may alert the national enforcement bodies about specific suspected practices of non-compliance with the obligations laid down in this Regulation by one or more carriers, terminal operators, port authorities, travel agents, ticket vendors or tour operators. Where, in accordance with its powers and procedures pursuant to national law, the national enforcement body initiates any investigation, it shall inform the Commission, upon request, of its findings.

Article 4 – paragraph 1 – point 8, Article 28a – title: Tasks of national enforcement bodies related to risk-based approach concerning monitoring of compliance with passenger rights

2. Paragraph 1 shall be without prejudice to the operational independence of the national enforcement bodies.’;

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▌

Article 4 – paragraph 1 – point 8, Article 28a – paragraph 4: 4. Compliance monitoring activities shall be based on the assessment of risks that could be carried out by means of audits, inspections, interviews, verifications and examination of documents and discussions as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified

(11) Article 28 is replaced by the following:

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‘Article 28 Penalties

Article 4 – paragraph 1 – point 8, Article 28a – paragraph 5 a (new): 5a. If action plans are deemed insufficient, or if non-compliance necessitates an immediate action, National Enforcement Bodies may take enforcement actions as defined in Article 29.

1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them.

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2. In the framework of cooperation referred to in Article 27, the national enforcement body designated under Article 25, or any other competent national authority acting on its behalf may, at the request of the body handling the complaint pursuant to Article 26a, investigate an alleged infringement of this Regulation and, where necessary, impose penalties.’;

Article 4 – paragraph 1 – point 8, Article 28b: deleted / (deleted) / (deleted) / (deleted) / (deleted)

(12) the following article is inserted:

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‘Article 28a Passenger Rights Committee

Article 4 – paragraph 1 – point 8 a (new), Article 29: (8a) Article 29 is replaced by the following: / ‘Article 29 / Enforcement tasks / 1. The National Enforcement Body shall closely monitor compliance with this Regulation and shall take the measures necessary to ensure that the rights of passengers are upheld. For this purpose, carriers and terminal operators shall provide the national enforcement body with relevant documents and information at their request within one month of its request. In complex cases, the national enforcement body may extend this period to a maximum of three months from the receipt of the request. In carrying out their functions, the national enforcement bodies shall take account of the information submitted to them by the other body designated to handle complaints as defined in Article 28 paragraph 1. / 2. Monitoring activities may be performed jointly by national enforcement bodies in the event of air services between two or several EU Member States. / 3. Member States shall ensure that their respective National Enforcement Bodies are given sufficient power to penalise effectively infringements. / 4. The National Enforcement Body shall disseminate such information to the bodies designated for alternative dispute resolution pursuant to this Regulation, where available. / 5. National Enforcement Bodies shall be able to take enforcement actions based on individual complaints as defined in Article 28. / 6. The National Enforcement Bodies shall perform a monitoring of compliance with passenger rights as lai…

1. The Commission shall be assisted by the committee referred to in Article 38 of Regulation (EU) 2021/782 of the European Parliament and of the Council*.

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

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________________

Article 4 – paragraph 1 – point 8 b (new), Article 29 a (new ): (8b) The following article is inserted: / "Article 29a / Complaint handling by national enforcement bodies and other bodies / 1. Without prejudice to the rights of consumers to seek alternative redress pursuant to Directive 2013/11/EU of the European Parliament and of the Council , after having complained unsuccessfully to the carrier or terminal operator pursuant to Article 26, the passenger may complain to the national enforcement body or any other body designated under paragraph 1 of Article 28 no later than one year from receiving information on the rejection of the original complaint by the carrier or terminal operator. Where necessary, that body shall inform the complainant about his or her right to complain to alternative dispute resolution bodies to seek individual redress. / 2. Any passenger may complain about an alleged infringement of this Regulation at any terminal operator on the territory of a Member State. / 3. The national enforcement body or any other body designated under paragraph 2 shall acknowledge receipt of the complaint within two weeks of receiving it. The complaint-handling procedure shall take a maximum of three months from the date of the establishment of the complaint file. The complaint-handling procedure shall be made accessible to persons with disabilities and to persons with reduced mobility in accessible format. / 4. Where a complaint relates to alleged infringements by terminal operator, the complaint shall be handled by the national enforce…

* Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (OJ L 172, 17.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/782/oj).’;

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(13) Article 29 is replaced by the following:

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‘Article 29 Report

Article 4 – paragraph 1 – point 8 c (new), Article 29 b (new): (8c) The following article is inserted: / "Article 29b / Inspections of national enforcement bodies / 1. The Commission may conduct inspections of national enforcement bodies in order to monitor the application by Member States of the Regulation and to make recommendations to improve its enforcement. / 2. The Commission shall in good time before an inspection inform the Member State concerned thereof. / 3. Each Commission inspection report shall be communicated to the national enforcement authority of the Member State concerned, which shall, in its answer, set out the measures taken to remedy the non-compliances identified and address the recommendations. / 4. The report, together with the answer of the national enforcement body, shall subsequently be communicated to the national enforcement bodies of the other Member States, where appropriate"

By … [five years from the date of entry into force of this amending Regulation], and every five years thereafter, the Commission shall report to the European Parliament and to the Council on the operation, enforcement and the results of this Regulation. The report shall, where necessary, be accompanied by appropriate legislative proposals.’;

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(14) The following article is inserted:

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‘Article 29a Review of service quality standards

Article 4 – paragraph 1 – point 8 d (new), Article 30: (8d) Article 30 is replaced by the following: / ‘Article 30 / Exchange of information and cross-border cooperation between national enforcement bodies / 1. Where different bodies are designated under Article 28, reporting mechanisms shall be set up to ensure the exchange of information between them, in accordance with Regulation (EU) 2016/679, in order to help the national enforcement body to carry out its tasks of supervision and enforcement, and so that the complaint-handling body designated under Article 28bis can collect the information necessary to examine individual complaints. / 2. National enforcement bodies shall exchange information on their work and decision-making principles and practices for the purpose of coordination. The Commission shall support them in that task.’

1. By … [five years from the date of entry into force of this amending Regulation], the Commission shall carry out a comprehensive evaluation of all service quality standards, as part of the first report on the operation, enforcement and the results of this Regulation.

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2. That evaluation shall examine in particular:

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(a) measurable benefits for passengers, in particular disabled persons and persons with reduced mobility, under this Regulation, including in comparison with the various service quality standards in other modes of transport;

Article 4 – paragraph 1 – point 9, Article 30a – paragraph 2 a (new): 2a. The Commission shall support dialogue and promote cooperation between Member States concerning national interpretation and application of this Regulation through the Committee referred to in Article 16a.

(b) the effectiveness of such standards when compared to other means with the potential to achieve comparable results for passengers, in terms of cost-efficiency, proportionality and administrative burdens incurred on market actors and authorities.

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3. On the basis of the findings in the comprehensive evaluation, the Commission may, where appropriate, submit a legislative proposal to adjust service quality standards in this Regulation accordingly.’;

Article 4 – paragraph 1 – point 9, Article 30a – paragraph 2 b (new): 2b. At the request of a Member State, a National Enforcement body, or on its own initiative, the Commission shall examine cases where differences in the application and enforcement of any of the provisions of this Regulation arise.

(15) Annexes II and III are replaced by the text set out in Annex II to this Regulation.

Article 4 Amendments to Regulation (EU) No 181/2011

Article 4 – paragraph 1 – point 9, Article 30a – paragraph 2 c (new): 2c. The Commission may, where appropriate, adopt guidelines with a view to promote common application and, where necessary, propose amendments to this Regulation to the European Parliament and Council under article 26 of this Regulation.

Regulation (EU) No 181/2011 is amended as follows:

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(1) in Article 2, paragraph 2 is replaced by the following:

Article 4 – paragraph 1 – point 9 a (new), Article 31: (9a) Article 31 is replaced by the following: / ‘Article 31 / 1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them. / 2. In the framework of cooperation referred to in Article 30 the national enforcement body which is competent for the purposes of Article 28 shall, at the request of the national enforcement body handling the complaint, investigate the infringement of this Regulation identified by that body and, if necessary, impose penalties.’

‘2. As regards the services referred to in paragraph 1 of this Article, but where the scheduled distance of the service is shorter than 250 km, Article 4(2), Article 9, Article 10(1), Article 13a, Article 16(1), point (b), Article 16(2), Article 17(1) and (2), Article 24, Article 25, Article 25a (in so far as it refers to information referred to in Articles 24 and 25), Article 26, Article 28, Article 29 and Article 29a shall apply.’;

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(2) in Article 3, the following points are added:

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‘(r) “recognised assistance dog” means a dog specifically trained to increase the independence and self-determination of disabled persons, officially recognised in accordance with applicable national rules, where such rules exist;

Article 4 – paragraph 1 – point 10 a (new), Article 32: (10a) Article 32 is replaced by the following: / ‘Article 32 / Every five years the Commission shall make a report on the implementation of this Regulation to the European Parliament and the Council based in particular on reports from the national enforcement bodies and results from its inspections. The report shall, where necessary, be accompanied by appropriate legislative proposals.’

(s) “accessible format” means a format that gives a disabled person or a person with reduced mobility access to any relevant information, including by providing that person with access in as feasible and as comfortable a manner as a person without an impairment or disability, and which meets accessibility requirements defined in accordance with the applicable Union law, in particular Directive (EU) 2019/882 of the European Parliament and of the Council*.

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* Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70, ELI: http://data.europa.eu/eli/dir/2019/882/oj).’;

Article 5 – paragraph -1 (new), Article 3 – paragraph 1 – point 22 a (new): (-1) in Article 3(1), the following point is added : / ’(22a) ‘recognised assistance dog’ means a dog specifically trained to increase independence and self-determination of persons with disabilities, officially recognised in accordance with applicable national rules, where such rules exist.’

(3) The following article is inserted:

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‘Article 13a Service quality standards for assistance

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Carriers that do not qualify as small or medium-sized enterprises within the meaning of the Annex to Commission Recommendation 2003/361/EC*, and, where relevant, terminal managing bodies of terminals referred to in Article 12 of this Regulation, shall establish and make publicly available, including in an accessible format, service quality standards for assistance to the disabled persons and persons with reduced mobility, covering at least the matters set out in Annex III to this Regulation.

Article 5 – paragraph -1 a (new), Article 3 – paragraph 1 – point 22 b (new): (-1a) in Article 3(1), the following point is added : / "(22b) ‘service quality standards’ means key performance indicators measuring levels of performance and elements of compliance with passengers rights.”

Carriers and terminal managing bodies referred to in the first subparagraph shall monitor their performance in accordance with those standards and shall, upon request, provide the national enforcement body or bodies with information on that performance. With a view to the evaluation by the Commission of the service quality standards under Article 32a, carriers and, where relevant, terminal managing bodies shall, upon request, provide the Commission with information on that performance during the first five years from … [the date of entry into force of this amending Regulation].

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* Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36, ELI: http://data.europa.eu/eli/reco/2003/361/oj).’;

Article 5 – paragraph -1 b (new), Article 3 – paragraph 1 – point 22 c (new): (-1b) in Article 3(1), the following point is added : / "(22c) ‘accessible format’ means a format that gives a person with disabilities or with reduced mobility access to any relevant information, including allowing such a person to have access to such information as easily and comfortably as a person without any impairments or disabilities, and that meets accessibility requirements defined in accordance with the applicable law, in particular with Annex I to Directive (EU) "

(4) the following article is inserted:

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‘Article 19a Submission of reimbursement and compensation requests

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1. The Commission shall adopt an implementing act establishing a common form for reimbursement and compensation pursuant to Article 19 ▌ (the “common form”). That common form shall be established in an accessible format. The Commission shall make the common form available on its website in all the official languages of the Union. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 31a(2).

Article 5 – paragraph 1 – point -1 c (new), Article 18 – paragraph 1 – point c a (new): (-1c) In Article 18(1), the following point is added: / ‘(ca) communication in a clear and comprehensive manner, without delay or automatically by electronic means, either of the common form or a hyperlink providing full information and details on rail undertaking' respective website or about its own compensation systems upon the passengers' eligibility for a refund or compensation under this Regulation.’

2. Following travel disruptions, carriers shall, where possible and without undue delay, provide to passengers a common form as referred to in paragraph 1, or a link allowing direct access to that form.

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3. The requirement set out in paragraph 2 shall not apply to carriers who make use of other means of communication allowing passengers to request reimbursement or compensation, such as a carrier's own electronic form made available on its website, a paper form or a mobile application, provided that such means offer, in an accessible format, the choice and information set out in the common form and are available in at least the language of the booking.

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4. ▌Passengers shall have the right to submit their requests for reimbursement or compensation using the form provided by the carrier in accordance with paragraph 2 or 3, or by other means. Carriers shall not reject a request ▌ on the grounds that the passenger has not used the common form or the form provided in accordance with paragraph 3, or that the passenger has sent the form by means other than electronic means.

Article 5 – paragraph -1 d (new), Article 28 – paragraph 2: (-1d) In article 28, paragraph 2 is replaced by the following: / ‘2. Passengers may submit a complaint to any railway undertaking or station manager regarding their respective fields of responsibility via the mechanisms referred to in paragraph 1. Such a complaint shall be submitted within one year of the incident that it concerns. Within one month of receiving the complaint, the addressee shall either give a reasoned reply or, in justified cases, inform the passenger that he or she will receive a reply within a period of less than three months from the date of receipt of the complaint. Railway undertakings and station managers shall keep the data necessary to assess the complaint for the duration of the entire complaint-handling procedure, including the complaint-handling procedures referred to in Articles 33 and 34, and shall make that data available to national enforcement bodies upon request.’

Passengers shall have the right to submit their request in at least the language of the booking.

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If a request is not sufficiently precise, the carrier shall ask the passenger to clarify or complete that request. If requested additional information is outside the scope of standard information covered by the common form, the carrier shall give reasons for its request.

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▌

Article 5 – paragraph -1 e (new), Article 28 – paragraphs 3: (-1e) In article 28, paragraph 3 is replaced by the following : / 3. Details of the complaint-handling procedure shall be accessible to the public, including to persons with disabilities and to persons with reduced mobility in accessible format. This information shall be available at least in the official language or languages of the Member State in which the railway undertaking is operating and in the language internationally accepted in this field.

5. Without prejudice to paragraphs 2 and 3, carriers shall provide clear information on their websites regarding the various electronic means that allow passengers to request reimbursement or compensation ▌, such as an e-mail address, electronic forms or mobile applications. When passengers submit their request through electronic means, they shall receive an electronic confirmation as proof that such requests have been submitted.’;

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▌

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(5) in Article 20, paragraph 1 is replaced by the following:

Article 5 – paragraph 1 – point -1 f (new), Article 28 – paragraph 3 a (new): (-1f) In Article 28, the following paragraph is inserted: / 3a. Where the rail undertaking invokes extraordinary circumstances, it shall, in its answer, inform the passenger of the specific circumstances responsible for the cancellation or delay. The rail undertaking shall also show that it took all reasonable measures to avoid the cancellation or delay.

‘1. In the event of cancellation or delay in departure of a regular service, passengers departing from terminals shall be informed by the carrier or, where appropriate, the terminal managing body, of the situation and of their passenger rights under this Regulation as soon as possible and in any event no later than 30 minutes after the scheduled departure time, and of the estimated departure time as soon as that information is available.’;

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▌

Article 5 – paragraph 1 – point 1, Article 30a – paragraph 1: Where information under this Regulation is provided to passengers by electronic means of communication, railway undertakings, station managers, ticket vendors and tour operators shall ensure that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. The burden of proof concerning the questions as to whether and when they have provided the necessary information to passengers shall rest with carriers, terminal operators, travel agents and ticket vendor. All means of communication shall enable the passenger to contact them quickly and communicate efficiently;

(6) Article 24 is replaced by the following:

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‘Article 24 Right to travel information

Article 5 – paragraph 1 – point 1 a (new), Article 32 – paragraph 2 a (new): (1a) In Article 32, the following paragraph is inserted: / "2a. Member States shall ensure that their respective National Enforcement Bodies are given sufficient power to penalise effectively with infringements. National Enforcement Bodies shall be able to take enforcement actions based on individual complaints as defined in Article 28."

Carriers and terminal managing bodies shall, within their respective areas of competence, provide passengers with adequate information throughout their travel, in accessible format, and in the same languages as those in which information is generally made available to all passengers. That information shall be provided by electronic means, where technically possible.’;

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(7) in Article 25, paragraph 1 is replaced by the following:

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‘1. When selling tickets for bus and coach services, carriers and terminal managing bodies shall, within their respective areas of competence, ensure that passengers are provided with the following:

Article 5 – paragraph 1 – point 1 b (new), Article 32 – paragraph 2 b (new): (1b) In Article 32, the following paragraph is inserted: / ‘2b. Railway undertaking shall provide the National Enforcement Body with comprehensive information regarding extraordinary circumstances and the occurrence of technical issues, including the specific reasons for such circumstances. This information shall be provided within 48 hours following travel disruption. In the event that the railway undertaking invokes extraordinary circumstances as a justification for refusing compensation under this Regulation, the carrier shall substantiate its claim by providing adequate evidence. Furthermore, the carrier shall demonstrate that all reasonable measures were taken to prevent the cancellation or delay of the train in question.’

(a) appropriate and comprehensible information regarding their rights and obligations under this Regulation;

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(b) contact details of carriers or, where appropriate, terminal managing bodies;

Article 5 – paragraph 1 – point 2 a (new), Article 32a a (new): (2a) The following Article is inserted: / Article 32aa / Inspections of national enforcement bodies / 1. The Commission shall conduct inspections of national enforcement bodies in order to monitor the application by Member States of the Regulation and to make recommendations to improve its enforcement. / 2. The Commission shall in good time before an inspection inform the Member State concerned thereof. / 3. Each Commission inspection report shall be communicated to the national enforcement authority of the Member State concerned, which shall, in its answer, set out the measures taken to remedy the non-compliances identified and address the recommendations. / 4. The report, together with the answer of the national enforcement body, shall subsequently be communicated to the national enforcement bodies of the other Member States, where appropriate

(c) contact details of the enforcement body or bodies designated by the Member State pursuant to Article 28(1).

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The information referred to in the first subparagraph shall also be provided by electronic means, if technically possible and feasible, including at terminals and, where applicable, on the internet. At the request of a disabled person or a person with reduced mobility, that information shall be provided ▌ in an accessible format. ▌’;

Article 5 – paragraph 1 – point 2 a (new), Article 33 – paragraph 2 a (new): (2a) In Article 33, the following paragraph 2a is inserted: / "2a. National Enforcement bodies or any other body designated under paragraph 2 shall be able to deal with individual passenger complaints and be granted, at least, with the minimum investigative and enforcement powers defined in article 9 of the Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004. / National Enforcement Bodies’ or any other body designated under paragraph 2 decisions shall be binding on both parties and enforceable, without prejudice to the right of parties to access the judicial system. "

(8) the following article is inserted:

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‘Article 25a Means of communication with passengers

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The information referred to in Articles 20, 24 and 25(1), shall be provided by electronic means, where technically possible, and in an accessible format.

Article 5 – paragraph 1 – point 3, Article 34a – paragraph 2 a (new): 2a. The Commission shall support dialogue and promote cooperation between Member States concerning national interpretation and application of this Regulation through the Committee referred to in Article 16a.

Where information is provided by electronic means, carriers, terminal managing bodies, ticket vendors, travel agents and tour operators shall ensure that ▌ any written correspondence, including the date and time of such correspondence, can be kept for further reference. The burden of proof with regard to the provision of the necessary information to passengers shall be on the carriers, terminal managing bodies, ticket vendors and travel agents. All means of communication shall enable the passenger to contact them quickly and communicate efficiently.’;

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(9) Article 26 is replaced by the following:

Article 5 – paragraph 1 – point 3, Article 34a – paragraph 2 b (new): 2b. At the request of a Member State, a National Enforcement body, or on its own initiative, the Commission shall examine cases where differences in the application and enforcement of any of the provisions of this Regulation arise.

‘Article 26 Complaints to the carrier or terminal managing body

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1. Each carrier and terminal managing body shall set up a complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility.

Article 5 – paragraph 1 – point 3, Article 34a – paragraph 2 c (new): 2c. The Commission may, where appropriate, adopt guidelines with a view to promote common application and, where necessary, propose amendments to this Regulation to the European Parliament and Council under article 27 of this Regulation.

2. Passengers may submit a complaint to any carrier or terminal managing body regarding their respective fields of responsibility by means of the mechanism referred to in paragraph 1. Such a complaint shall be submitted within three months from the date on which the service was performed or when a service should have been performed.

Regulation (EU) No 2021/782

3. Within seven working days of receiving the complaint, the addressee shall confirm receipt of the complaint to the passenger. Within one month of receiving the complaint, the addressee shall either provide a reasoned reply or, in duly justified cases, inform the passenger that they will receive a final reply no later than three months from the date of receipt of the complaint.

Article 5 – paragraph 1 – point 3 a (new), Article 39: (3a) Article 39 is replaced by the following: / "Article 39 / Every five years the Commission shall make a report on the implementation of this Regulation to the European Parliament and the Council based in particular on reports from the national enforcement bodies and results from its inspections. / The report shall, where necessary, be accompanied by appropriate legislative proposals."

4. The final reply shall also contain the relevant contact details of the body or bodies responsible for the handling of complaints under Article 29a. This obligation may be fulfilled by referring the passenger to the list of complaint handling bodies made available by the Commission.

(32021R0782)

5. The burden of proof with regard to the provision of the requisite information to passengers shall be on the carrier or terminal managing body.

Regulation (EC) No 261/2004

6. Details of the complaint-handling procedure shall be made available to the public, including to disabled persons and persons with reduced mobility, in an accessible format. This information shall be available at least in the same languages as those in which information is generally made available to all passengers. The carrier shall inform the passenger of the details of the complaint-handling procedure at the time of the reservation or the advance purchase of the ticket, where applicable.’;

Annex I – paragraph 5, Annex II – paragraph 5: deleted

(10) Article 27 is deleted;

Regulation (EC) No 261/2004

(11) Articles 28 and 29 are replaced by the following:

Annex I a (new), Annex II a (new): Annex IIa / Exhaustive list of circumstances capable of being considered as extraordinary circumstances for the purposes of this Regulation. / 1. The following circumstances shall be capable of being considered as extraordinary: / i. natural disasters rendering impossible the safe operation of the flight; / ii. technical problems afflicting the aircraft which are directly caused by a hidden manufacturing defect formally acknowledged as such by the manufacturer or a competent authority and that arose during the maintenance check preceding the flight or after the aircraft has been released to service, which impinges on flight safety; / iii. collision between an aircraft and a bird and any damage caused by such a collision ; / iv. war, political unrest, acts of sabotage or terrorism rendering impossible the safe operation of the flight; / v. health risks or medical emergencies necessitating the interruption or deviation of the flight concerned; / vi. unruly behaviour of a passenger which causes the pilot in command of the aircraft to divert the flight concerned to an airport other than the airport of arrival in order to disembark this passenger or passengers and their baggage ; / vii. unforeseen air traffic management restrictions or the unforeseen closure of the airspace, including runway closures by the authorities; / viii. shortage of staff at the airport providing baggage loading services; / ix. meteorological conditions incompatible with flight safety or that have damaged t…

‘Article 28 Designation of national enforcement bodies

Regulation (EC) No 1107/2006

1. Each Member State shall designate a national enforcement body or bodies responsible for the enforcement of this Regulation as regards regular services from points situated in its territory and regular services from a third country to such points.

Annex II – paragraph 3 – point d a (new), Annex III – paragraph 4 – point d a (new): (da) number of cases where the assistance was not provided or was provided with delay,

2. Each national enforcement body shall be independent in its organisation, funding decisions, legal structure and decision-making of any carrier, tour operator, terminal managing body or the commercial interests of other persons or entities.

Regulation (EC) No 1177/2010

3. Member States shall inform the Commission of the national enforcement bodies designated in accordance with this Article and of the respective responsibilities of those bodies, including any changes thereto. The Commission and the designated national enforcement bodies shall publish that information on their websites.

Annex III – paragraph 3 – point d a (new), Annex V – paragraph 8 – point d a (new): (da) number of cases where the assistance was not provided or was provided with delay,

Article 29 Enforcement tasks

Regulation (EC) No 1177/2010

1. The national enforcement body shall closely monitor compliance with this Regulation and shall take the measures necessary to ensure that the rights of passengers are upheld.

Annex III – paragraph 5, Annex V – paragraph 3: deleted

2. The monitoring shall be carried out in accordance with Union law, national standards and applicable rules. It may be based on a factual assessment that takes into account complaints made by passengers under Article 29a, where available, as well as on findings of the previous monitoring activities carried out by the national enforcement bodies, on information received in accordance with paragraph 3 of this Article and Article 30, as well as on other sources of information pertaining to the application of this Regulation in the territory of the respective Member State. Monitoring activities may include audits, inspections, interviews, and the examination of documents.

Regulation (EU) No 181/2011

3. The national enforcement bodies may request carriers, tour operators and terminal managing bodies to provide documents and information that are relevant for the purposes of carrying out their functions as referred to in paragraph 1. Such documents and information shall be provided within one month from the receipt of the request, unless specified otherwise by the national enforcement body.

Annex IV – paragraph 5, Annex III – paragraph 3: deleted

4. In carrying out their functions, the national enforcement bodies shall, where relevant, take into account the information submitted to them by a body designated to handle complaints in accordance with Article 29a(1).

Regulation (EU) No 181/2011

5. In the event of services between two or more Member States, monitoring activities may be performed jointly by national enforcement bodies.

Annex IV – paragraph 8 – point b a (new), Annex III – paragraph 4: (ba) number of cases where the assistance was not provided or was provided with delay,

6. Member States shall ensure that their respective national enforcement bodies are given sufficient powers to take enforcement actions.

Regulation (EU) No 2021/782

7. By 30 June 2030, and every five years thereafter, the national enforcement bodies shall publish reports on their activities, including, where relevant, on penalties applied.’;

Annex IV a (new), Annex III – paragraphs 7 and 8: Annex IVa / In Annex III, paragraphs 7 and 8 are replaced by the following: / "Complaint handling / (a) the number of complaints; / (b) types of complaints; / (c) the outcome of complaints; / (d) reimbursements; and / (e) compensation for non-compliance with service quality standards. / Assistance provided to persons with disabilities and persons with reduced mobility (PRM) / (a) number of denied transport services for a PRM, and the reason for it; / (b) number of denied transport services for their recognised assistance dog or their mobility equipment and the reasons for it; / (c) number of cases related to the loss or damages of mobility equipment and their outcome; / (d )number of cases where the carrier obliged a person with disability or reduced mobility to be accompanied by someone to comply with the safety requirements); / (e) number of cases where the assistance was not provided or was provided with delay, / (f) discussions concerning this assistance with representative organisations and, where relevant, representatives of PRM; / (g) the implementation of the disability awareness and assistance training, including the frequency of the sessions and participation of organisations representing persons with disabilities and reduced mobility."

(12) The following article is inserted:

EXPLANATORY STATEMENT

‘Article 29a Passengers’ complaints to designated bodies

Over the last decades, the EU has established a unique framework for protecting and enforcing passenger rights across all transport modes. Nevertheless, according to a Eurobarometer survey, barely one in three EU citizens are aware of their rights. Moreover, shortcomings in the implementation and enforcement are preventing passengers from fully benefiting from them.

1. Without prejudice to the rights of consumers to seek alternative dispute resolution pursuant to Directive 2013/11/EU of the European Parliament and of the Council*, Member States shall each designate a body for passenger complaints pursuant to this Regulation (the “body for passenger complaints”).

As a result, we have seen in recent years the spread of so-called "claim agencies" that help passengers obtain compensation from carriers for travel that is cancelled or suffers long delays. However, these services are rarely free and can cost passengers up to 50% of the compensation they are entitled to due to service fees and legal costs. The rise of these agencies underscores the inadequacy of the current framework.

2. If the body for passenger complaints is different from the national enforcement body designated in compliance with Article 28, Member States shall inform the Commission of the body for passenger complaints. The Commission and the body for passenger complaints shall publish that information on their websites.

In this context, the Commission launched on 29 November 2023 a review of the Passenger Rights framework to ensure effective and efficient enforcement of passenger rights across all Member States and to provide a more effective complaint handling for passengers. In particular, the Commission proposal aims at introducing more effective tools for national enforcement bodies (NEBs) for the monitoring of operators’ compliance with passenger rights. It also seeks to close regulatory loopholes in air transport, particularly regarding passengers who book flights through an intermediary. Special attention is also paid to the needs of passengers with disabilities or reduced mobility travelling by air, with a focus on harmonizing their rights across transport modes.

3. Any passenger may submit a complaint, in accordance with national law, to the body for passenger complaints, or to any other competent body designated by a Member State, about an alleged infringement of this Regulation.

The Rapporteur welcomes the revision of the Passenger Rights framework, particularly its efforts to close the enforcement gaps and to ensure that passenger rights are upheld in a uniform way across Member States and across transport modes. In amending the Commission's proposal, the Rapporteur focuses on three key principles: strengthening passenger rights, harmonizing regulations across transport modes and Member States, and enhancing enforcement mechanisms. The Rapporteur considers that the recent developments in the new rail passenger rights Regulation (EU) 2021/782 constitutes a good starting point for the review of the passenger rights acquis.

4. The passenger may also submit a complaint, in accordance with national law, to the body for passenger complaints where:

Reinforcing Passenger Rights, Including for Those with Special Needs and PRMs

(a) the original complaint submitted to the carrier or the terminal managing body pursuant to Article 26 was rejected; or

Harmonised conditions for cabin hand luggage and allocation of seats for minors free of charge are long-standing claims of passengers that the Rapporteur reckons deserve special attention.

(b) the carrier or terminal managing body does not reply within three months from the date on which the passenger submitted the original complaint pursuant to Article 26.

By the same token, the Rapporteur supports the provisions on the rights for persons with disabilities and reduced mobility (PRMs) when travelling by air to oblige airlines to provide an additional free ticket whenever they oblige a disabled person to travel accompanied.

5. The body for passenger complaints shall acknowledge receipt of the complaint within two weeks of receiving it. Where the body for passenger complaints has the power to issue enforceable decisions in individual cases, it shall provide the passenger with a substantiated reply to their complaint within a reasonable period of time. Where the body for passenger complaints does not have such a power, it may issue an opinion or recommendation on the complaint and shall inform the passenger about available means to seek redress including the passenger’s right to submit a complaint to alternative dispute resolution bodies, and shall inform the passenger of the applicable deadlines.

For passengers with reduced mobility, mobility equipment is essential, yet its replacement remains difficult and costly. Air transport is the sole transport mode where liability for the damage or loss of such equipment is limited. The Rapporteur therefore supports full compensation for passengers in cases where mobility equipment, assistive devices, or recognized assistance dogs are lost or damaged by an air carrier.

6. The obligation under paragraph 5 of this Article to inform the passengers about their right to seek redress with an alternative dispute resolution body may be fulfilled by referring them to the interactive tool hosting a list of notified alternative dispute resolution entities, maintained by the Commission pursuant to Article 20 of Directive 2013/11/EU, or, where appropriate, to the designated alternative dispute resolution contact points notified to the Commission under Article 24 of that Directive.

Transparency and Duties of Intermediaries

7. The complaint-handling procedure shall be made available to disabled persons and to persons with reduced mobility in accessible format.

Currently, clear responsibilities for intermediaries have not been established in the Passengers’ Rights regulatory framework (except in the updated Rail Passenger Rights Regulation). As a result, passengers are often bounced between airlines and intermediaries, facing prolonged reimbursement delays.

_________________

The Rapporteur welcomes the introduction of the clear refund rules. However, such a review should go beyond time limits and provide a more efficient mechanism and price transparency. The Rapporteur believes that when a passenger purchases a ticket through an intermediary, the total amount of the ticket price should be clearly indicated, including possible optional services and should be refunded at no additional cost to the passenger. Moreover, the intermediary should be responsible for assisting passengers with tickets and providing alternative proposals in the event of travel disruptions.

* Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) (OJ L 165, 18.6.2013, p. 63, ELI: http://data.europa.eu/eli/dir/2013/11/oj).’;

Clear Complaint-handling Mechanisms and Simplification

(13) Article 30 is replaced by the following:

The Rapporteur reckons that passengers should be adequately informed about the relevant procedures for submitting claims and complaints to air carriers, intermediaries and National Enforcement Bodies (NEBs) and should receive a reply within a reasonable time period.

‘Article 30 Exchange of information and cross-border cooperation between national enforcement bodies

The Rapporteur is in favour of the creation of a common European form for compensation and reimbursement and calls for it to be sent automatically to passengers in the event of service interruption by the carrier or the intermediary.

1. Where a Member State designates different bodies under Articles 28 and 29a of this Regulation, those bodies shall ensure the exchange of relevant information between them, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council*, in order to help the national enforcement body to carry out its tasks of supervision and enforcement, and so that the body for passenger complaints designated in accordance with Article 29a of this Regulation can collect the information necessary to examine individual complaints.

To streamline the process and to ensure that passengers’ rights are upheld, the Rapporteur proposes automatic compensation without any claim to be lodged by the passenger when extraordinary circumstances cannot be invoked by the air carrier for cancellation and long delays.

2. The national enforcement bodies of the Member States shall exchange information on their work and decision-making principles and practices for the purpose of cross-border coordination. The Commission shall support them in that task.

Enhanced Enforcement Mechanisms

________________

The 2021 special report from the European Court of Auditors concluded that NEBs do not have a good overview of operators’ compliance with passenger rights. Commission evaluations also concluded that the overall approach of NEBs toward monitoring the implementation of the Regulations varies significantly: while some NEBs tend to be very proactive, others seem only to react to complaints which they receive. In addition, only a small percentage of NEBs have issued penalties for the breach of these Regulations, and even such penalties were generally small.

* 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 (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).’;

To address these shortcomings, the Rapporteur proposes a harmonized framework that strengthens enforcement mechanisms by granting NEBs independence, establishing a cross-border cooperation mechanism, enhancing their power to obtain information from carriers, and implementing a more effective penalty regime. The Rapporteur also proposes that NEBs be granted minimum investigation and enforcement powers vis-à-vis all actors with obligations under these Passenger Rights Regulations.

(14) the following article is inserted:

Furthermore, a regular flow of information between the Commission and enforcement bodies and the possibility for the Commission to conduct inspections would enable the Commission to better fulfil its monitoring and coordinating role of the national bodies and to support them.

‘Article 30a Information about suspected practices of non-compliance

Providing Legal Certainty

▌

The EU legal framework for the air passengers’ rights is complex and on many occasions, the Court of Justice of the European Union (CJEU) has been requested by national courts to clarify certain provisions of Regulation (EC) No 261/2004 on air passenger rights. This is particularly relevant regarding the concepts of “extraordinary circumstances” and “cancellation”.

1. ▌The Commission may alert the national enforcement bodies about specific suspected practices of non-compliance with the obligations laid down in this Regulation by one or more carriers, terminal managing bodies, ticket vendors, travel agents or tour operators. Where, in accordance with its powers and procedures pursuant to national law, the national enforcement body initiates any investigation, it shall inform the Commission, upon request, of its findings.

To increase legal certainty for both air carriers and passengers, and to ensure a proper enforcement of passenger rights, the Rapporteur supports the introduction of clear and precise definitions of these concepts on the basis of the case law that has been consistently held in recent years.

2. Paragraph 1 shall be without prejudice to the operational independence of the national enforcement bodies.’;

The Rapporteur supports the EP mandate of the air passenger rights revision of February 2014 and acknowledges that it is in general still valid and fit for purpose. However, the Rapporteur considers that the above-mentioned elements would justify an update of the EP mandate on the concepts of “extraordinary circumstances” and “cancellation”.

(15) Article 31 is replaced by the following:

***

‘Article 31 Penalties

The revision of the Passenger Rights framework represents a crucial step toward strengthening and harmonizing protection for passengers across the EU. By addressing enforcement gaps, improving complaint-handling mechanisms, and ensuring clear responsibilities for all stakeholders, the proposed measures will enhance transparency, accessibility, and fairness for passengers. The Rapporteur supports these efforts and emphasizes the importance of effective enforcement, legal clarity, and strengthened rights. A robust and well-implemented framework will not only uphold passengers' rights but also foster greater trust in the EU's transport system as a whole.

1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them.

2. In the framework of cooperation referred to in Article 30, the national enforcement body, designated under Article 28, or any other competent national authority acting on its behalf may, at the request of the body designated pursuant to Article 29a, investigate an alleged infringement of this Regulation and, where necessary, impose penalties.’;

(16) the following article is inserted:

‘Article 31a Passenger Rights Committee

1. The Commission shall be assisted by the committee referred to in Article 38 of Regulation (EU) 2021/782 of the European Parliament and of the Council*.

2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 of the European Parliament and of the Council**shall apply. ▌

________________

* Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (OJ L 172, 17.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/782/oj).

** 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, ELI: http://data.europa.eu/eli/reg/2011/182/oj).’;

(17) Article 32 is replaced by the following:

‘Article 32 Report

By … [five years from the date of entry into force of this amending Regulation], and every five years thereafter, the Commission shall report to the European Parliament and to the Council on the operation, enforcement and the results of this Regulation. The report shall, where necessary, be accompanied by appropriate legislative proposals.’;

(18) the following article is inserted:

‘Article 32a Review of service quality standards

1. By … [five years from the date of entry into force of this amending Regulation], the Commission shall carry out a comprehensive evaluation of all service quality standards, as part of the first report on the operation, enforcement and the results of this Regulation.

2. That evaluation shall examine in particular:

(a) measurable benefits for passengers, in particular disabled persons and persons with reduced mobility, under this Regulation, including in comparison with various service quality standards in other modes of transport;

(b) the effectiveness of such standards when compared to other means with the potential to achieve comparable results for passengers, in terms of cost-efficiency, proportionality and administrative burdens incurred on market actors and authorities.

3. On the basis of the findings in the comprehensive evaluation, the Commission may, where appropriate, submit a legislative proposal to adjust service quality standards in this Regulation accordingly.’;

(19) the text set out in Annex III to this Regulation is added as Annex III to Regulation (EU) No 181/2011.

Article 5 Amendments to Regulation (EU) 2021/782

Regulation (EU) 2021/782 is amended as follows:

(1) in Article 3, the following points are added:

‘(23) “recognised assistance dog” means a dog specifically trained to increase the independence and self-determination of persons with disabilities, officially recognised in accordance with applicable national rules, where such rules exist;

(24) “accessible format” means a format that gives a person with disabilities or a person with reduced mobility access to any relevant information, including by providing that person with access in as feasible and as comfortable a manner as a person without an impairment or disability, and which meets accessibility requirements defined in accordance with the applicable Union law, in particular Directive (EU) 2019/882 of the European Parliament and of the Council*.

________________

* Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70, ELI: http://data.europa.eu/eli/dir/2019/882/oj).’;

(2) Article 8 is replaced by the following:

‘Article 8 Obligation to provide information concerning discontinuation of services

Railway undertakings or, where appropriate, competent authorities responsible for a public service railway contract shall make public by appropriate means, including in an accessible format, and before their implementation, decisions to discontinue services either permanently or temporarily.’;

(3) in Article 9, paragraph 3 is replaced by the following:

‘3. The information referred to in paragraphs 1 and 2 shall be provided in the most appropriate format, where possible based on real-time travel information, including by using appropriate communication technologies. Particular attention shall be paid to ensuring that this information is available in an accessible format.’;

(4) Article 20 is amended as follows:

(a) in paragraph 2, point (b) is replaced by the following:

‘(b) hotel or other accommodation, and transport between the railway station and place of accommodation, in cases where a stay of one or more nights becomes necessary or an additional stay becomes necessary, where and when physically possible. In cases where such a stay becomes necessary due to the circumstances referred to in Article 19(10), the railway undertaking may limit the duration of accommodation to a maximum of three nights. The access requirements of persons with disabilities and of persons with reduced mobility and the needs of recognised assistance dogs shall be taken into account, whenever possible;’;

(b) paragraph 5 is replaced by the following:

‘5. In applying paragraphs 1 to 4, the operating railway undertaking shall pay particular attention to the needs of persons with disabilities and of persons with reduced mobility, as well as to those of any accompanying persons and those of recognised assistance dogs.’;

(5) Article 22 is amended as follows:

(a) paragraph 1 is replaced by the following:

‘1. Upon request, a station manager, a railway undertaking, a ticket vendor or a tour operator shall provide persons with disabilities and persons with reduced mobility with information, including in an accessible format, on the accessibility of the station and associated facilities, and of rail services and on the access conditions of rolling stock in accordance with the access rules referred to in Article 21(1) and shall inform persons with disabilities and persons with reduced mobility about facilities on board.’;

(b) paragraph 3 is replaced by the following:

‘3. In unstaffed stations, railway undertakings and station managers shall ensure that easily available information, including in an accessible format, is displayed in accordance with the access rules referred to in Article 21(1) regarding the nearest staffed stations and regarding directly available assistance for persons with disabilities and persons with reduced mobility.’;

(6) in Article 23(1), point (c) is replaced by the following:

‘(c) a recognised assistance dog shall be permitted to accompany them in accordance with any relevant national law;’;

(7) Article 25 is amended as follows:

(a) the title is replaced by the following:

‘Article 25 Compensation in respect of mobility equipment, assistive devices and recognised assistance dogs’

(b) paragraph 1 is replaced by the following:

‘1. Where railway undertakings or station managers cause the loss of, or damage to, mobility equipment, including wheelchairs and assistive devices, or the loss of, or injury to, recognised assistance dogs used by persons with disabilities or persons with reduced mobility, they shall be liable for that loss, damage or injury, and shall provide compensation without undue delay. That compensation shall comprise:

(a) the cost of replacement or repair of the mobility equipment or assistive devices lost or damaged;

(b) the cost of replacement or the treatment of the injury of a recognised assistance dog that was lost or injured; and

(c) reasonable costs of temporary replacement for mobility equipment, assistive devices or recognised assistance dogs where such replacement is not provided by the railway undertaking or the station manager in accordance with paragraph 2.’;

(8) Article 28 is amended as follows:

(a) paragraph 3 is replaced by the following :

‘3. Details of the complaint-handling procedure shall be accessible to the public, including to persons with disabilities and to persons with reduced mobility in an accessible format. That information shall be available at least in the official language or languages of the Member State in which the railway undertaking is operating.’;

(b) the following paragraph is inserted:

‘3a. Where the rail undertaking invokes the exemption from paying compensation provided for in Article 19(10), it shall, in its reply, inform the passenger of the specific circumstances responsible for the delay, missed connection or cancellation.’;

(9) Article 30 is replaced by the following:

‘Article 30 Information to passengers about their rights

1. When selling tickets for journeys by rail, railway undertakings, station managers, ticket vendors and tour operators shall inform passengers of their rights and obligations under this Regulation. In order to comply with this information requirement, they may use a summary of the provisions of this Regulation prepared by the Commission in all official languages of the Union and made available to them. They shall provide that information, in either paper or electronic format, or by any other means, including in an accessible format. They shall specify where, in the event of cancellation, missed connection or long delay, such information can be obtained.

2. Railway undertakings and station managers shall inform passengers in an appropriate manner, including in an accessible format, at the station, on the train and on their website, of their rights and obligations under this Regulation, and of the contact details of the body or bodies designated by Member States pursuant to Article 31.’;

(10) the following article is inserted:

‘Article 30a Means of communication with passengers

Where information under this Regulation is provided to passengers by electronic means of communication, railway undertakings, station managers, ▌ ticket vendors and tour operators shall ensure that ▌ any written correspondence, including the date and time of such correspondence, can be kept for further reference. The burden of proof with regard to the provision of the necessary information to passengers shall be on the railway undertakings, station managers and ticket vendors. All means of communication shall enable the passenger to contact them quickly and communicate efficiently. ▌

(11) in Article 32, the following paragraphs are inserted:

‘2a. Member States shall ensure that their respective national enforcement bodies are given sufficient power to take enforcement actions.

2b. In the event that the railway undertaking invokes the exemption from paying compensation provided for in Article 19(10), it shall, upon the request of the national enforcement body, provide adequate evidence of such exemption.’;

▌

(12) the following article is inserted:

‘Article 34a Information about suspected practices of non-compliance

▌

1. ▌ The Commission may alert the national enforcement bodies about specific suspected practices of non-compliance with the obligations laid down in this Regulation by one or more railway undertakings, infrastructure managers, station managers, ticket vendors or tour operators. Where, in accordance with its powers and procedures pursuant to national law, the national enforcement body initiates any investigation, it shall inform the Commission, upon request, of its findings .

2. Paragraph 1 shall be without prejudice to the operational independence of the national enforcement bodies.’;

(13) In Article 38, paragraph 2 is replaced by the following:

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

(14) Article 39 is replaced by the following:

‘Article 39 Report

By … [five years from the date of entry into force of this amending Regulation], and every five years thereafter, the Commission shall report to the European Parliament and to the Council on the operation, enforcement and the results of this Regulation. The report shall, where necessary, be accompanied by appropriate legislative proposals.’;

(15) the following article is inserted

‘Article 39a Review of service quality standards

1. By … [five years from the date of entry into force of this amending Regulation], the Commission shall carry out a comprehensive evaluation of all service quality standards, as part of the first report on the operation, enforcement and the results of this Regulation.

2. That evaluation shall examine in particular:

(a) measurable benefits for passengers, in particular persons with disabilities and persons with reduced mobility, under this Regulation, including in comparison with various service quality standards in other modes of transport;

(b) the effectiveness of such standards when compared to other means with the potential to achieve comparable results for passengers, in terms of cost-efficiency, proportionality and administrative burdens incurred on market actors and authorities.

3. On the basis of the findings in the comprehensive evaluation, the Commission may, where appropriate, submit a legislative proposal to adjust service quality standards in this Regulation accordingly.’.

Article 6 Entry into force and application

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

It shall apply from 23 October 2027.

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

Done at …,

For the European Parliament For the Council

The President The President

▌

ANNEX I

‘ANNEX I Assistance under the responsibility of the managing bodies of airports

Assistance and arrangements necessary to enable disabled persons and persons with reduced mobility to:

– communicate their arrival at an airport and their request for assistance at the designated points inside and outside terminal buildings referred to in Article 5,

– move from a designated point to the check-in counter,

– check-in and register baggage,

– proceed from the check-in counter to the aircraft, with completion of border control, customs and security procedures,

– board the aircraft, with the provision of lifts, wheelchairs or other assistance needed, as appropriate,

– proceed from the aircraft door to their seats,

– store and retrieve baggage on the aircraft,

– proceed from their seats to the aircraft door,

– disembark from the aircraft, with the provision of lifts, wheelchairs or other necessary assistance, as appropriate,

– proceed from the aircraft to the baggage hall and retrieve baggage, with completion of border control and customs procedures,

– proceed from the baggage hall to a designated point,

– reach connecting flights when in transit, with assistance on the air and land sides and within and between terminals as needed,

– move to the toilet facilities if required.

Where a disabled person or a person with reduced mobility is assisted by an accompanying person, this accompanying person must, if requested, be allowed to provide the necessary assistance in the airport and with embarking and disembarking.

Ground handling of all necessary mobility equipment, including equipment such as electric wheelchairs, subject to advance warning of 48 hours and to possible limitations of space on board the aircraft, and subject to the application of relevant legislation concerning dangerous goods.

Temporary replacement of damaged or lost mobility equipment, albeit not necessarily on a like‐for‐like basis.

Complaints and compensation procedure for damaged or lost mobility equipment.

Ground handling of recognised assistance dogs, where relevant.

Communication, in accessible formats, of information needed to take flights, including:

– general guidance on minimum presentation time at the designated meeting points within the terminal and on minimum connecting time between terminals,

– safety provisions applied,

– accessibility of the terminal.

ANNEX II Assistance by air carriers

Carriage of recognised assistance dogs in the cabin, subject to national regulations. Transport of mobility equipment, including procedures for complaints and compensation for damage or loss of such equipment.

In addition to medical equipment, transport of up to two pieces of mobility equipment per disabled person or per person with reduced mobility, including electric wheelchairs (subject to advance warning of 48 hours and to possible limitations of space on board the aircraft, and subject to the application of relevant legislation concerning dangerous goods).

Communication, in accessible formats, of essential information concerning a flight, including:

– accessibility of aircrafts,

– conditions under which an accompanying person is required,

– conditions under which the transport service may be refused.

The making of all reasonable efforts to arrange seating to meet the needs of disabled persons or persons with reduced mobility on request and subject to safety requirements and availability.

Assistance in moving to toilet facilities if required.

Where a disabled person or person with reduced mobility is assisted by an accompanying person, the air carrier will make all reasonable efforts to give such accompanying person a seat next to the disabled person or the person with reduced mobility.’.

▌

ANNEX II

‘ANNEX II ASSISTANCE IN PORTS, INCLUDING EMBARKATION AND DISEMBARKATION, AS REFERRED TO IN ARTICLES 10 AND 13

1. Assistance and arrangements necessary to enable disabled persons and persons with reduced mobility to:

– communicate their arrival at a port terminal or, if possible, a port and their request for assistance,

– move from an entry point to the check-in counter, if any, or to the ship,

– check in and register baggage, if necessary,

– proceed from the check-in counter, if any, to the ship, through border control and security points,

– embark the ship, with the provision of lifts, wheelchairs or other assistance needed, as appropriate,

– proceed from the ship door to their seats/area,

– store and retrieve baggage on the ship,

– proceed from their seats to the ship door,

– disembark from the ship, with the provision of lifts, wheelchairs or other assistance needed, as appropriate,

– retrieve baggage, if necessary, and proceed through border control and customs points,

– proceed from the baggage hall or the disembarkation point to a designated point of exit,

– if required, make their way to the toilet facilities (if any).

2. Where a disabled person or person with reduced mobility is assisted by an accompanying person, that accompanying person must, if requested, be allowed to provide the necessary assistance in the port and with embarking and disembarking.

3. Handling of all necessary mobility equipment, including equipment such as electric wheelchairs.

4. Temporary replacement of damaged or lost mobility equipment with equipment which is a suitable alternative.

5. Complaints and compensation procedure for damaged or lost mobility equipment.

6. Ground handling of recognised assistance dogs, where relevant.

7. Communication, in accessible formats, of information needed to embark and disembark, including:

– general guidance on minimum presentation time at the designated meeting points within the port and on minimum connecting times between port terminals,

– safety provisions applied,

– accessibility of the terminal.

ANNEX III ASSISTANCE ON BOARD SHIPS AS REFERRED TO IN ARTICLES 10 AND 13

1. Carriage of recognised assistance dogs on board the ship, subject to national regulations.

2. Carriage of medical equipment and of the mobility equipment necessary for the disabled person or the person with reduced mobility, including electric wheelchairs.

3. Information on complaints and compensation procedures for damaged or lost equipment.

4. Communication, in accessible formats, of essential information concerning a route and the accessibility of the means of transport.

5. Conditions under which the transport service may be refused.

6. Making all reasonable efforts to arrange seating to meet the needs of disabled persons or persons with reduced mobility on request and subject to safety requirements and availability.

7. If required, assistance in moving to toilet facilities (if any).

8. Conditions under which an accompanying person is required.

9. Where a disabled person or a person with reduced mobility is assisted by an accompanying person, the carrier shall make all reasonable efforts to give such accompanying person a seat or a cabin next to the accompanied disabled person or the accompanied person with reduced mobility.’.

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ANNEX III

‘ANNEX III

MINIMUM SERVICE QUALITY STANDARDS FOR CARRIERS AND TERMINAL MANAGING BODIES

1. Information to disabled persons and persons with reduced mobility in a transparent, accessible, non-discriminatory, effective and proportionate manner about:

(a) their rights under this Regulation;

(b) the applicable safety provisions and restrictions;

(c) the requirements regarding the carriage of recognised assistance dogs;

(d) the conditions under which the presence of an accompanying person is required (for carriers only);

(e) the accessibility of the buses and coaches operated (for carriers only);

(f) the accessibility of the terminals (for terminal managing bodies only);

(g) general guidance on minimum check-in and presentation times at the designated meeting points within the terminal;

(h) the conditions for the transport of mobility equipment (for carriers only).

2. Procedure for complaints and compensation in respect of damaged or lost mobility equipment.

3. Implementation of the disability awareness and assistance training.

4. Cooperation with organisations representing disabled persons and persons with reduced mobility.

5. Conditions under which the transport service may be refused.’.