Sittings · Document

Draft recommendation for second reading (10015/1/2025 – 2013/0072(COD)) 2025-12-05

Amendment of Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and amendment of Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air

Committee on Transport and Tourism

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Amendment 239

Adrian-George Axinia

Council position

Recital 1

Council position

Amendment

(1) Regulation (EC) No 261/2004 of the European Parliament and of the Council3 and Council Regulation (EC) No 2027/974 have significantly contributed to protecting the rights of air passengers when their travel plans are disrupted by denied boarding, long delays, cancellations or mishandled baggage. However, experience gained since their adoption and extensive case-law of the Court of Justice of the European Union demonstrate that several provisions need to be strengthened and require clarification in order to ensure a high and uniform level of air passenger protection across the Union.

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3 Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ L 46, 17.2.2004, p. 1, ELI: http://data.europa.eu/eli/reg/2004/261/oj).

4 Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in respect of the carriage of passengers and their baggage by air (OJ L 285, 17.10.1997, p. 1, ELI: http://data.europa.eu/eli/reg/1997/2027/oj).

Or. en

Amendment 240

Andrey Novakov, Matteo Ricci, Jan-Christoph Oetjen, Kosma Złotowski, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Recital 1 a (new)

Council position

Amendment

(1 a) The Union legislator confirms the aims expressed by Recitals 1 and 4 for EU legislation in the field of air transport to ensure a high level of protection for passengers, to fully take into account the requirements of consumer protection in general and to raise the standards of protection set by this Regulation. This should be done by strengthening the rights of air passengers, by improving legal certainty for both air passengers and air carriers and by codifying the main rulings of the Court of Justice in its interpretation of Regulation No 261/2004, as well as by ensuring that air carriers operate under harmonised conditions in a liberalised market. This also means that standards of protection set by Regulation (EC) No 261/2004 shall in no way be downgraded. Accordingly, the full potential of air passenger rights, as protected under Regulations (EC) No 261/2004 and (EC) No 2027/97, should be realised and a more effective, efficient and consistent application of such rights should be ensured across the Union, while taking into account the interests of air carriers and continuing to strike a balance between the interests of air passengers and those of air carriers.

Or. en

Amendment 241

Adrian-George Axinia

Council position

Recital 1 a (new)

Council position

Amendment

(1 a) This Regulation aims to ensure a high level of consumer protection in accordance with Article 169 of the Treaty on the Functioning of the European Union (TFEU) and with the Charter of Fundamental Rights. Air travel is essential for personal, family and professional mobility, and disruptions have significant economic and social consequences.

Or. en

Amendment 242

Adrian-George Axinia

Council position

Recital 2 a (new)

Council position

Amendment

(2 a) Numerous passenger claims are rejected by air carriers on the basis of an excessively broad interpretation of “extraordinary circumstances”. In line with the case-law of the Court of Justice, it is necessary to codify a strict definition of extraordinary circumstances that is limited to events external to the carrier’s operations, beyond its actual control, and unavoidable even if all reasonable measures have been taken.

Or. en

Amendment 243

Adrian-George Axinia

Council position

Recital 3

Council position

Amendment

(3) The Study on the current level of protection of air passenger rights in the EU mandated and published by the Commission in 2020 (hereafter ‘the Study’) showed that passengers’ main priority is to be provided with assistance in the event of travel disruption and to be offered rerouting so that they arrive at their destination as soon as possible. The Study showed that the payment of compensation comes third in terms of the passengers’ priorities. On the other hand, the Study also showed that the absolute and relative costs incurred by air carriers through the implementation of Regulation (EC) No 261/2004 have grown significantly since 2011 which could result in a restriction on the number of routes operated or a reduction in connectivity offered by air carriers to passengers in the long term. The revision of Regulation (EC) No 261/2004 should therefore focus particularly on passengers’ rights to assistance and rerouting, while taking into account economic incentives of air carriers and impacts on connectivity.

deleted

Or. en

Amendment 244

Andrey Novakov, Matteo Ricci, Jan-Christoph Oetjen, Kosma Złotowski, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Recital 3

Council position

Amendment

(3) The Study on the current level of protection of air passenger rights in the EU mandated and published by the Commission in 2020 (the steer study) claims that the main priority of passengers is to be provided with assistance in the event of travel disruption and to be offered rerouting so that they arrive at their destination as soon as possible. To this end, the steer study shows that the payment of compensation comes third out of the three options provided in terms of the priorities of passengers. However, it cannot be inferred from this study that the payment of compensation would rank low in the priorities of passengers, for three reasons. First, the question design already carries a significant bias, narrowing down possible outcomes, as the three options given to the respondents are not comparable in their nature. While two of the options (assistance, rerouting) promise immediate relief from an urgent problem (flight disruption), the third option (compensation) is less immediate and less urgent by its nature. Compensation under this Regulation seeks to redress damage suffered as a consequence of a disruption, with a payment that helps the passenger in the long run, rather than solving the immediate problem (via assistance or rerouting). It is only natural that the average respondent ranks as third the least urgent and immediate of the three options (compensation). However, it would be logically and statistically invalid to conclude from this ranking that receiving compensation would be of significantly lower importance to the passenger. Second, the question design of the Study creates an artificial obligation on the respondent of having to choose between three options and ranking them, while in the current reality of Regulation 261/2004, those three options co-exist without being mutually exclusive in any way. Third, in order to escape the bias of the question design of the steer study, it is worth consulting further representative polls on air passengers’ opinions with regard to receiving compensation under this regulation. A statistical survey1a conducted by the European Court of Auditors (ECA) in 2018 of 10 350 randomly chosen citizens from ten Member States, showed the “right to compensation in the event of cancellations or denied boarding” in second place with 39.6% out of ten options out of which passengers were to select three rights which they “regard as most important”, while the preferred option, being the “right to receive alternative transport in the event of long delays, cancellations or denied boarding”, was only marginally higher, at 41.7 %. Given this negligible difference, no real order of preference should be deduced from these two closely ranking options. In a YouGov poll commissioned by a claims agency, conducted in spring 2025, of 3059 citizens in Germany, Spain and Denmark, 70% of respondents insisted on keeping the current compensation rule, stressing that passengers should not lose rights for a marginal cost saving, while only 14% preferred saving an assumed 1 EUR on the ticket price. Even the industry association Airlines for Europe (A4E) concludes from their own YouGov poll, reflecting the views of more than 6,000 consumers in five Member States, that “75% of passengers who have flown in the past 12 months support sticking to current compensation levels”1b. This evidence supports the decision of the Union legislator in the context of the revision of Regulation (EC) No 261/2004 not to downgrade any existing passengers’ rights to compensation, along with other equally important rights to assistance and rerouting. Both categories of rights examined in the above evidence, “compensation” and “assistance and rerouting”, have to be considered as whole and must not be artificially opposed one to the other. The economic incentives of air carriers and the impact on connectivity can be fully taken into account, while at the same time preserving existing air passengers’ rights and a high level of consumer protection.

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1a Cf. page 22 of https://www.eca.europa.eu/Lists/ECADocuments/SR18_30/SR_PASSENGER_RIGHTS_EN.pdf

1b Cf. A4E Press release of 14 October 2025 https://a4e.eu/publications/new-data-confirms-that-eu-passenger-rights-reform-is-out-of-sync-with-passenger-priorities/

Or. en

Amendment 245

Andrey Novakov, Matteo Ricci, Jan-Christoph Oetjen, Kosma Złotowski, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Recital 3 a (new)

Council position

Amendment

(3 a) In line with the objectives of Regulation (EC) No 261/2004, an independent peer-reviewed study from 20231a provides robust evidence that the Regulation in its current form is effective in reducing average flight delay times. It finds that this impact is clearly economically important in magnitude and is independent of air carriers’ decisions on scheduled flight duration. It confirms that statistically, the hypothesis of no impact can be very firmly rejected. It insists that its results hold for other measures of flight punctuality (arrival delay and share of ‘‘ontime flights’’), and is robust to alternative specifications. Moreover, it finds that the current Regulation is most effective at delay reduction on routes where competition is low. The findings of this study support the Union legislator's decision to maintain and render explicit the common three-hour threshold for compensation in the event of cancellation or a long delay, the current compensation levels and distance thresholds: ensuring that the current level of protection of passenger rights is not downgraded is effective in increasing connectivity and maintaining economic incentives for air carriers.

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1a Cf. Gnutzmann and Spiewanowski in: Transport Policy 136 (2023) 155–168, cf. https://www.sciencedirect.com/science/article/pii/S0967070X23000768

Or. en

Amendment 246

Adrian-George Axinia

Council position

Recital 3 a (new)

Council position

Amendment

(3 a) The compensation amounts established in 2004 have lost real value due to inflation and changes in travel costs. To maintain the deterrent effect of Regulation (EC) No 241/2006 and ensure fair compensation for passengers, the amounts should be increased and indexed annually according to the Harmonised Index of Consumer Prices (HICP).

Or. en

Amendment 247

Adrian-George Axinia

Council position

Recital 5

Council position

Amendment

(5) In order to increase legal certainty for air carriers and passengers, a definition of the concept of ‘extraordinary circumstances’ is needed, which takes into account the judgment of the Court of Justice in Case C-549/07 (Friederike Wallentin-Hermann v Alitalia – Linee Aeree Italiane SpA)5 (‘judgment in Case C-549/07’) on the interpretation of Regulation (EC) No 261/2004. The concept of ‘extraordinary circumstances’ should be clarified through non-exhaustive lists of circumstances that constitute extraordinary circumstances or that do not constitute extraordinary circumstances. The Commission should review the list of extraordinary circumstances every three years and propose, as appropriate, to the European Parliament and the Council to update that list.

(5) In order to increase legal certainty for air carriers and passengers, a definition of the concept of “extraordinary circumstances” is needed, taking into account the judgment of the Court of Justice in Case C-549/07 (Friederike Wallentin-Hermann v Alitalia – Linee Aeree Italiane SpA) (“judgment in Case C-549/07”) regarding the interpretation of Regulation (EC) No 261/2004. The concept of “extraordinary circumstances” should be clarified through non-exhaustive lists of situations that constitute, or do not constitute, extraordinary circumstances. Extraordinary circumstances shall be limited to events that are not inherent to the normal exercise of the activity of air carriers, are genuinely beyond the carrier’s control, and could not have been prevented even if all reasonable operational and maintenance measures had been taken in due time. The following situations shall not constitute extraordinary circumstances: technical faults discovered during routine maintenance or pre-flight checks; crew shortages or misplaced crew; aircraft rotation delays; delayed incoming aircraft; strikes by airline staff, including pilots, cabin crew, or ground staff employed directly or indirectly by the carrier. Inspections carried out by a National Aviation Authority shall be planned in advance and therefore, should they cause disruption to an airline’s activity, do not qualify as extraordinary circumstances. The Commission should review the list of extraordinary circumstances every three years and, where appropriate, propose updates to the European Parliament and the Council.

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5 Judgment of the Court (Fourth Chamber) of 22 December 2008, Friederike Wallentin‑Hermann v Alitalia – Linee Aeree Italiane SpA, Case C-549/07, ECLI:EU:C:2008:771.

Or. en

Amendment 248

Adrian-George Axinia

Council position

Recital 6

Council position

Amendment

(6) In its judgment in Case C-549/07 the Court of Justice held that an unexpected technical problem did not constitute an extraordinary circumstance, except when the unexpected technical problem arose from a hidden manufacturing defect revealed by the manufacturer of the aircraft or by a competent authority, or damage to the aircraft caused by acts of sabotage or terrorism. However, in the light of experience gained and given the overriding importance of ensuring that the rights granted to passengers under this Regulation are not detrimental to safety, in certain conditions technical issues with certain equipment should constitute extraordinary circumstances.

Or. en

Amendment 249

Adrian-George Axinia

Council position

Recital 7

Council position

Amendment

(7) In its judgment in Joined Cases C-156/22, C-157/22 and C-158/22 (TAP Portugal v flightright GmbH and Myflyright GmbH)6 on the interpretation of Regulation (EC) No 261/2004, the Court of Justice held that an unexpected absence due to illness or even an unexpected death, shortly before the departure of a flight, of a crew member whose presence is essential to its operation did not constitute an extraordinary circumstance. Nonetheless, even though air carriers have the duty to take all reasonable measures to ensure replacement of the pilot, co-pilot or minimum required cabin crew, ensuring compliance with that obligation in practice outside the air carrier’s home bases requires considerable time and high financial cost. Therefore, it is appropriate to provide that the unexpected illness or death of a crew member whose presence is essential, for example when it occurs the day before the departure of the flight, outside the home bases of an air carriers should constitute an extraordinary circumstance.

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6 Judgment of the Court (Third Chamber) of 11 May 2023, TAP Portugal v flightright GmbH and Myflyright GmbH, Joined Cases C-156/22 to C-158/22, ECLI:EU:C:2023:393.

Or. en

Amendment 250

Adrian-George Axinia

Council position

Recital 7 a (new)

Council position

Amendment

(7 a) During major disruptions, passengers often experience significant delays in receiving reimbursement. To safeguard consumer liquidity and ensure timely reimbursement, air carriers should process refunds within seven days. Compensation should be paid in cash or, if agreed by the passenger in a signed document or by any digital means on a durable medium, by other methods. For each additional day of delay, the airline should incur a financial penalty equal to 0.1% of the refundable amount per day; this means that the passenger would receive an extra 0.1% per day added to the reimbursement for every day the payment is delayed.

Or. en

Amendment 251

Adrian-George Axinia

Council position

Recital 8

Council position

Amendment

(8) In its judgments in Cases C-28/20 (Airhelp Ltd v Scandinavian Airlines System Denmark – Norway – Sweden)7 , C-195/17 (Helga Krüsemann and Others v TUIfly GmbH)8 , C-613/20 (CS v Eurowings GmbH)9 and in its order in Case C-287/20 (EL and CP v Ryanair DAC)10 on the interpretation of Regulation (EC) No 261/2004, the Court of Justice held that strikes by staff of the air carrier did not constitute extraordinary circumstances. Nonetheless, when a strike occurs, certain demands made by airline staff do not fall within the remit of the air carrier and are outside its control, such as changes to the retirement age or to financial contributions that can only be addressed by public authorities. Therefore, it is appropriate to provide that certain strikes by airline staff should constitute extraordinary circumstances.

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7 Judgment of the Court (Grand Chamber) of 23 March 2021, Airhelp Ltd v Scandinavian Airlines System Denmark – Norway – Sweden, Case C‑28/20, ECLI:EU:C:2021:226.

8 Judgment of the Court (Third Chamber) of 17 April 2018, Helga Krüsemann and Others v TUIfly GmbH, Case C-195/17, ECLI:EU:C:2018:258.

9 Judgment of the Court (Ninth Chamber) of 6 October 2021, CS v Eurowings GmbH, Case C-613/20, ECLI:EU:C:2021:820.

10 Order of the Court (Eighth Chamber) of 10 January 2022, EL and CP v Ryanair DAC, Case C-287/20, ECLI:EU:C:2022:1.

Or. en

Amendment 252

Andrey Novakov, Matteo Ricci, Jan-Christoph Oetjen, Kosma Złotowski, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Recital 11 a (new)

Council position

Amendment

(11 a) 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 journeys within the Union, as well as to all journeys departing from or arriving in the Union.

Or. en

Amendment 253

Andrey Novakov, Matteo Ricci, Jan-Christoph Oetjen, Kosma Złotowski, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Recital 52

Council position

Amendment

(52) The Draghi report emphasised the critical role of transport for Union competitiveness. It also outlined the risk of business diversion, resulting from asymmetric regulations, from transport hubs in the Union to hubs in the Union’s neighbourhood. Regulation (EC) No 261/2004 applies 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 Treaties apply, only if the operating air carrier of the flight concerned is a Union air carrier. Within three years of the application of Regulation (EC) No 261/2004, the Commission should assess the feasibility of revising the scope of that Regulation with a view to further enhancing the level of passengers’ protection and the level playing field between Union and third country air carriers.

(52) The Draghi report emphasised the critical role of transport for Union competitiveness. It also outlined the risk of business diversion, resulting from asymmetric regulations, from transport hubs in the Union to hubs in the Union’s neighbourhood. Regulation (EC) No 261/2004 applies 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 Treaties apply, only if the operating air carrier of the flight concerned is a Union air carrier. These findings support the Union legislator's decision to revise the scope of this Regulation with a view to further enhancing the level of passengers’ protection and the level playing field between Union and third country air carriers.

Or. en

Amendment 254

Daniel Attard

Council position

Article 1 – paragraph 1 – point 2 – point d a (new)

Regulation (EC) No 261/2004

Article 2 – paragraph 1 – point j

Council position

Amendment

(d a) (j) “denied boarding” means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 4(1), or where they were informed in advance that they will be denied boarding against their will, except where there are reasonable grounds to deny them boarding, such as health, safety, security or inadequate travel documentation.

Or. en

Justification

Reinsertion of text due to potential of risks to health, safety, security and inadequate travel documentation, especially the incentivisation of unruly behaviour.

Amendment 255

Andrey Novakov, Matteo Ricci, Jan-Christoph Oetjen, Kosma Złotowski, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 6

Regulation (EC) No 261/2004

Article 6 – paragraph 3 a (new)

Council position

Amendment

3 a. Passengers shall have the right to compensation from the operating carrier in accordance with Article 7 where they depart no more than one hour before the scheduled time of departure and reach their final destination with a delay of 2 hours or more after the scheduled time of arrival, provided that the total time lost by the passenger before departure and following the delay at arrival is equal to or exceeds the threshold set out in Article 7(2).

Or. en

Amendment 256

Andrey Novakov, Matteo Ricci, Jan-Christoph Oetjen, Kosma Złotowski, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 7

Regulation (EC) No 261/2004

Article 6b – paragraph 4

Council position

Amendment

4. Where a passenger plans, and makes, a stopover, the airport where the stopover is made shall be regarded as the final destination of the passenger.;

deleted

Or. en

Amendment 257

Daniel Attard

Council position

Article 1 – paragraph 1 – point 8

261/2004

Article 7 – paragraph 3

Council position

Amendment

1 a. By way of derogation from Article 7(1) and 7(2), in the absence of an extraordinary circumstance, on flights to and from islands, island Member States, outermost regions and flights subject to public service obligations, there shall be a right to compensation for delays of four hours or more, regardless of the distance of the journey and the compensation shall be limited to €200 on the condition that the flight is not cancelled.

Or. en

Justification

Amendment due to limited connectivity to and from certain territories of the European Union and to ensure that flights are actually operated and passengers are not left stranded.

Amendment 258

Andrey Novakov, Matteo Ricci, Jan-Christoph Oetjen, Kosma Złotowski, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 8

Regulation (EC) No 261/2004

Article 7 – paragraph 2

Council position

Amendment

2. In the case of a delay at arrival after rerouting following a cancellation under Article 5, a delay at arrival under Article 6 or a delay at arrival after a missed connecting flight under Article 6b, the right to compensation shall arise for delays at arrival of more than:

Or. en

Amendment 259

Andrey Novakov, Matteo Ricci, Kosma Złotowski, Jan-Christoph Oetjen, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 8

Regulation (EC) No 261/2004

Article 7 – paragraph 4

Council position

Amendment

4. Where the passengers have chosen to continue the journey pursuant to Article 8(1), point (b), and a further disruption occurs during rerouting, the passenger’s right to compensation can only arise once during the journey to the final destination.

4. Where the passengers have chosen to continue their journey pursuant to Article 8(1), points (a), (b) or (c), and a further disruption occurs during rerouting, the passenger’s right to compensation shall be upheld during rerouting to their initial point of departure or to their final destination.

Or. en

Amendment 260

Andrey Novakov, Matteo Ricci, Kosma Złotowski, Jan-Christoph Oetjen, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 8

Regulation (EC) No 261/2004

Article 7 – paragraph 4 a (new)

Council position

Amendment

4 a. The compensation referred to in paragraph 1 shall be paid by electronic bank transfer to the account indicated by the passenger submitting the request. The operating air carrier and the passenger submitting the request may agree, on a durable medium, that the compensation be paid only by credit card or cash.

Or. en

Amendment 261

Andrey Novakov, Matteo Ricci, Jan-Christoph Oetjen, Vicent Marzà Ibáñez, Kosma Złotowski, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 8

Regulation (EC) No 261/2004

Article 7 – paragraph 4 b (new)

Council position

Amendment

4 b. The burden of proof to establish when and how the passenger accepted the agreement concerning the form of payment of compensation set out in paragraph 4a of this Article shall rest with the operating air carrier.

Or. en

Amendment 262

Adrian-George Axinia

Council position

Article 1 – paragraph 1 – point 8

Regulation (EC) No 261/2004

Article 7 – paragraph 5 – subparagraph 1

Council position

Amendment

Requests for compensation under this Article shall be submitted by the passenger within six months of the actual date of departure indicated on the passenger’s ticket. Within 14 calendar days of the submission of the request, the operating air carrier shall either pay the compensation or provide the passenger with a justification for not paying the compensation in accordance with Article 5(5) or Article 6(6), including, if applicable, a clear and substantiated explanation on extraordinary circumstances. Where the airport managing body activates its contingency plan, that deadline may be extended to 30 calendar days.

Requests for compensation under this Article shall be submitted by the passenger within six months of the actual date of departure indicated on the passenger’s ticket. The operating air carrier shall pay the compensation within seven calendar days of receipt of the request. Where the airport managing body has activated its contingency plan, that period may be extended to 30 calendar days. For each day of delay in the payment of the compensation beyond the applicable deadline, the operating air carrier shall pay, in addition to the amount due, a financial penalty equal to 0.1% of the compensation per day. In the event of extraordinary circumstances, the operating air carrier shall provide the passenger, on a durable medium, with a justification for not paying the compensation.

Or. en

(Regulation (EC) No 261/2004)

Amendment 263

Andrey Novakov, Matteo Ricci, Jan-Christoph Oetjen, Vicent Marzà Ibáñez, Kosma Złotowski, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 8

Regulation (EC) No 261/2004

Article 7 – paragraph 5 – subparagraph 1

Council position

Amendment

Requests for compensation under this Article shall be submitted by the passenger affected by the disruption on the passenger’s own behalf or on behalf of any passenger whose ticket is part of the same air transport contract as the ticket of the passenger. Requests for compensation under this Article shall be submitted within 12 months of the date of departure indicated on the passenger’s ticket. Within 7 working days of the submission of the request, the operating air carrier shall pay the compensation.

Or. en

Amendment 264

Andrey Novakov, Matteo Ricci, Jan-Christoph Oetjen, Vicent Marzà Ibáñez, Kosma Złotowski, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 9

Regulation (EC) No 261/2004

Article 8 – paragraph 1 – introductry part

Council position

Amendment

In the case of a disruption, passengers shall be offered, free of charge, the choice between the following options under the conditions defined in Articles 4, 5, 6, or 6b and in this Article:

In the case of a disruption, the operating air carrier shall, without any further consideration and under the conditions set out in Articles 4, 5, 6, or 6b and in this Article, offer the passengers a choice between the following options, to be provided free of charge:

Or. en

Amendment 265

Andrey Novakov, Matteo Ricci, Jan-Christoph Oetjen, Vicent Marzà Ibáñez, Kosma Złotowski, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 9

Regulation (EC) No 261/2004

Article 8 – paragraph 1 – subparagraph 1 a (new)

Council position

Amendment

The operating air carrier shall provide the information to the passengers pursuant to this Article in a clear and unambiguous manner by electronic means, and at the passenger´s request by other means, such as in a paper form.

Or. en

Amendment 266

Andrey Novakov, Matteo Ricci, Jan-Christoph Oetjen, Vicent Marzà Ibáñez, Kosma Złotowski, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 9

Regulation (EC) No 261/2004

Article 8 – paragraph 4 a (new)

Council position

Amendment

4a. The burden of proof to establish when and how the passenger accepted the agreement concerning the form of reimbursement of the ticket costs set out in paragraph 1, point (a), of this Article shall rest with the operating air carrier.

Or. en

Amendment 267

Andrey Novakov, Matteo Ricci, Kosma Złotowski, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 10

Regulation (EC) No 261/2004

Article 9 – paragraph 4

Council position

Amendment

4. Where the operating air carrier does not meet its obligations under paragraphs 1, 2 and 3, the passengers concerned may make their own arrangements. The air carrier operating the disrupted flight shall reimburse the expenses incurred by the passengers within 14 calendar days of the submission of the request for reimbursement, to the extent those expenses are necessary, reasonable and proportionate to the duration of the waiting time and to the costs of accommodation, refreshments and meals at the location of the airport or the location of the accommodation where the passengers are stranded. In case the air carrier fails to provide hotel accommodation within three hours, the passenger shall have the right to arrange their own accommodation and be reimbursed by the air carrier upon the presentation of the corresponding receipt, within seven working days. Where the airport managing body activates its contingency plan, that deadline may be extended to [...] calendar days. The reimbursable amount shall be up to a hotel ceiling referred to in an index published by the Commission reflecting prices in Member States in line with Eurostat data multiplied by a coefficient of 2, in order to account for limited availability and peak-time pricing and to incentivise the provision of accommodation via the operating air carriers within the three-hour deadline. Where the ceiling multiplied by the coefficient is not sufficient to allow the concerned passenger to find appropriate accommodation, the right to self-arrangement of accommodation by the passenger shall not free the operating air carrier from its obligation to provide accommodation.

Or. en

Amendment 268

Andrey Novakov, Matteo Ricci, Kosma Złotowski, Jan-Christoph Oetjen, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 13

Regulation (EC) No 261/2004

Article 11 – paragraph 4 a (new)

Council position

Amendment

4 a. Where the airport does not fulfil its obligations under Articles 7 and 8 of Regulation 1107/2006 and, as a result, persons with disabilities and persons with reduced mobility or unaccompanied minors miss their flight, the air carrier shall be responsible for compensation, rerouting and assistance of those passengers in accordance with Articles 7, 8 and 9 of this Regulation. By ... [date of application of this amending Regulation], the Commission shall define the detailed arrangements for the application of the respective responsibilities of the air carrier and the airport managing body and the means of redress, through an implementing act in accordance with Article 16bd of this Regulation. This implementing act shall not undermine the air carrier’s responsibilities in relation to the compensation, rerouting and assistance of passengers under this paragraph.

Or. en

Amendment 269

Andrey Novakov, Matteo Ricci, Kosma Złotowski, Jan-Christoph Oetjen, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 13 a (new)

Regulation (EC) No 261/2004

Article 11 aa (new)

Council position

Amendment

(13 a) the following Article is inserted:

'Article 11aa

Right to transfer a ticket in the case of death of the passenger concerned or of a close family member

1. A transfer of a ticket to another person shall be permitted in the event of the death of the passenger concerned or of a close family member. The passenger concerned by the loss or the person handling the deceased passenger’s affairs may request the transfer of the ticket upon presentation of appropriate supporting documentation on a durable medium.

2. Air carriers, operators or intermediaries shall be obliged to process such requests under transparent and fair conditions.

3. Where such a request is provided at least 72 hours prior to the flight and upon presentation of appropriate supporting documentation on a durable medium, it shall in all cases be considered reasonable and shall not be subject to any additional charge.

4. Where such a request is provided in the 72 hours prior to the flight departure and upon presentation of appropriate supporting documentation on a durable medium, the air carrier or the intermediary shall inform the transferor of any possible charges that may be incurred. These charges must be reasonable and must not exceed the actual cost borne by the carrier or intermediary for transfer of the ticket.'

Or. en

Amendment 270

Andrey Novakov, Matteo Ricci, Jan-Christoph Oetjen, Vicent Marzà Ibáñez, Kosma Złotowski, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 14 a (new)

Regulation (EC) No 261/2004

Article 12 a (new)

Council position

Amendment

(14 a) the following Article is inserted:

'Article 12a

Correction of spelling mistakes

1. The operating air carrier shall, upon receipt of a request submitted at the latest 48 hours before the scheduled time of departure, correct spelling mistakes in a passenger’s name or update a passenger’s name in the case of an administrative change. Such a correction or update shall be made free of charge at least once.

2. The request referred to in paragraph 1 may be submitted by:

(a) a passenger in relation to that passenger’s name or the name of any passenger whose ticket is part of the same air transport contract as the ticket of the passenger submitting the request;

(b) an intermediary in relation to the name of a passenger in respect of whom the intermediary has made the booking.

Any correction or update made pursuant to paragraph 1 may not constitute a transfer of ticket from the passenger to another person.'

Or. en

Amendment 271

Andrey Novakov, Matteo Ricci, Kosma Złotowski, Jan-Christoph Oetjen, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 16

Regulation (EC) No 261/2004

Article 14 – paragraph 1

Council position

Amendment

1. The operating air carrier shall include on its website and mobile application an information notice specifying rights under this Regulation, including complaint handling process.

1. The operating air carrier and the intermediary shall include on its website and mobile application in a clear, accessible and unambiguous manner an information notice specifying rights under this Regulation, including information on the complaint handling process. In order to comply with this requirement, the operating air carrier may use a summary of the provisions of this Regulation prepared and made available to the public by the Commission in all official languages of the Union.

Or. en

Amendment 272

Andrey Novakov, Matteo Ricci, Jan-Christoph Oetjen, Kosma Złotowski, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 16

Regulation (EC) No 261/2004

Article 14 – paragraph 2 a (new)

Council position

Amendment

2 a. When offering tickets for a flight or connecting flights and prior to the purchase of such flights, air carriers and intermediaries shall inform the passenger of the following:

(a) the type of ticket or tickets being offered, in particular whether the ticket or tickets are covered by a single air transport contract or a combination of separate air transport contracts;

(b) the rights and obligations of the passenger, the operating air carrier and the intermediary under this Regulation, as attached to the air transport contract, including information on the reimbursement process;

(d) the deadline and the procedure by which passenger can request a change in name as specified in Article 4(6), without any additional charge; and

(e) the terms and conditions of the air transport contract.

Or. en

Amendment 273

Andrey Novakov, Matteo Ricci, Kosma Złotowski, Jan-Christoph Oetjen, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 16

Regulation (EC) No 261/2004

Article 14 – paragraph 4 a (new)

Council position

Amendment

4 a. At the time of booking, the operating air carriers shall provide information to passengers on the complaint handling processes and the relevant time limits as defined in Article 15 aa. 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 passengers of any event that could give rise to the rights enshrined in this Regulation.

Or. en

Amendment 274

Andrey Novakov, Matteo Ricci, Jan-Christoph Oetjen, Kosma Złotowski, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 16

Regulation (EC) No 261/2004

Article 14 – paragraph 4 b (new)

Council position

Amendment

4 b. 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 party commissioned by the air carrier concerned, to provide passengers with the necessary information regarding their rights, including complaint procedures, in order to assist them and to take immediate action in the event of cancelled or delayed flights, denied boarding or lost or delayed baggage. During the air carriers operating hours and until the last passenger disembarks from the last airplane and for the duration of time that can be reasonably expected to complete passport and customs formalities, retrieve any checked-in luggage and arrive at the designated contact point at an unhurried pace, those contact points shall be available for the purpose of assisting passengers concerning inter alia, reimbursement, re-routing, rebooking and of accepting the lodging of their complaints.

Or. en

Amendment 275

Andrey Novakov, Matteo Ricci, Kosma Złotowski, Jan-Christoph Oetjen, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 16

Regulation (EC) No 261/2004

Article 14 – paragraph 4 c (new)

Council position

Amendment

4 c. In the event of any travel disruption that would give rise to the rights set out in this Regulation, the operating air carrier shall, as soon as possible, fully inform the affected passengers and provide them with a notice setting out the rules for reimbursement, rerouting, compensation and assistance in line with this Regulation, including information on possible limitations pursuant to Article 9(4), where relevant, the operating air carrier shall also send the passenger the pre-filled common form pursuant to Article 15a. 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.

Or. en

Amendment 276

Andrey Novakov, Matteo Ricci, Kosma Złotowski, Jan-Christoph Oetjen, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 16

Regulation (EC) No 261/2004

Article 14 – paragraph 4 d (new)

Council position

Amendment

4 d. Air carriers and intermediaries, where relevant, shall provide the information pursuant to this Article in the language of the air transport contract and a in language that is used internationally and on a durable medium.

Or. en

Amendment 277

Andrey Novakov, Matteo Ricci, Kosma Złotowski, Jan-Christoph Oetjen, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 16

Regulation (EC) No 261/2004

Article 14 – paragraph 4 e (new)

Council position

Amendment

4 e. Air carriers and intermediaries shall provide accessible and effective telephone assistance for all passengers once a flight has been booked; this telephone assistance service shall provide information and alternative proposals in the event of flight disruption and shall under no circumstances exceed the cost of a local call.

Or. en

Amendment 278

Andrey Novakov, Matteo Ricci, Kosma Złotowski, Jan-Christoph Oetjen, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 16

Regulation (EC) No 261/2004

Article 14 – paragraph 4 f (new)

Council position

Amendment

4 f. 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 any written correspondence, including the date and time of such correspondence, can be kept for further reference. 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.

Or. en

Amendment 279

Andrey Novakov, Matteo Ricci, Kosma Złotowski, Jan-Christoph Oetjen, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 17

Regulation (EC) No 261/2004

Article 15a – paragraph 1

Council position

Amendment

1. Each air carrier and each intermediary shall set up a complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility. They shall make their contact details available in the language of the air transport contract and a language that is internationally used. Details of the complaint-handling procedure shall be accessible to the public, including in an accessible format for persons with disabilities and persons with reduced mobility. They shall also inform passengers in a clear manner of the contact details of the body or bodies designated by Member States pursuant to Article 16 and of the body or bodies responsible for the out-of-court resolution of disputes under Article 16a and, where relevant, their respective responsibilities. That information shall be available in the official language or languages of the Member States in which the air carrier and the intermediary are operating.

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.

Or. en

Amendment 280

Andrey Novakov, Matteo Ricci, Kosma Złotowski, Jan-Christoph Oetjen, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 17

Regulation (EC) No 261/2004

Article 15a – paragraph 2

Council position

Amendment

2. When passengers submit a complaint using the mechanism referred to in paragraph 1, such a complaint shall be submitted within six months of the disruption concerned. Within 30 calendar days of the submission of the complaint, the air carrier, or the intermediary, to which the complaint is addressed shall either provide a reasoned reply or, in duly justified exceptional cases, inform the passenger that the passenger will receive a final reply within a period of less than two months of the date of submission of the complaint. The answer shall also contain, in a case where the dispute could not be resolved, the relevant contact details of the body or bodies designated under Articles 16 or of the body or bodies responsible for the out-of-court resolution of disputes under Article 16a, including postal address, website and e-mail address of such body or bodies.

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 departed or was scheduled to depart.

Or. en

Amendment 281

Andrey Novakov, Matteo Ricci, Kosma Złotowski, Jan-Christoph Oetjen, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 17

Regulation (EC) No 261/2004

Article 15a – paragraph 3

Council position

Amendment

3. The submission of complaints by passengers using the mechanism referred to in paragraph 1 shall be without prejudice to their right to submit disputes for out-of-court resolution in accordance with Article 16a, or to seek redress through court proceedings, subject to periods of limitation in accordance with national law.;

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 such answer within that two-month period, it shall be deemed to have accepted the passenger’s claims.

Or. en

Amendment 282

Andrey Novakov, Matteo Ricci, Kosma Złotowski, Jan-Christoph Oetjen, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 17

Regulation (EC) No 261/2004

Article 15a – paragraph 3a

Council position

Amendment

3 a. With the reasoned answer, the addressee shall also inform the passenger in a clear manner of the contact details of the body or bodies designated by Member States pursuant to Article 16 and of the body or bodies responsible for the out-of-court resolution of disputes under Article 16a and, where relevant, their respective responsibilities.

Or. en

Amendment 283

Andrey Novakov, Matteo Ricci, Kosma Złotowski, Jan-Christoph Oetjen, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 17

Regulation (EC) No 261/2004

Article 15a– paragraph 3b

Council position

Amendment

3 b. Where the air carrier invokes extraordinary circumstances, it shall inform the passenger in its answer of the specific circumstances that led to the cancellation or delay. The air carrier shall also demonstrate that it took all reasonable measures to avoid the cancellation or delay.

Or. en

Amendment 284

Andrey Novakov, Matteo Ricci, Kosma Złotowski, Jan-Christoph Oetjen, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 17

Regulation (EC) No 261/2004

Article 15a – paragraph 3c

Council position

Amendment

3 c. The burden of proof regarding the provision of the requisite information to passengers shall rest with the air carrier and the intermediary.

Or. en

Amendment 285

Andrey Novakov, Matteo Ricci, Kosma Złotowski, Jan-Christoph Oetjen, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 18

Regulation (EC) No 261/2004

Article 16 – title

Council position

Amendment

Article 16 Enforcement

Article 16 Designation of national enforcement bodies

Or. en

Amendment 286

Andrey Novakov, Matteo Ricci, Kosma Złotowski, Jan-Christoph Oetjen, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 18

Regulation (EC) No 261/2004

Article 16 – paragraph 1

Council position

Amendment

1. Each Member State shall designate a national enforcement body or national Enforcement Bodies responsible for the enforcement of this Regulation as regards journeys to and from airports situated on its territory. The Member States shall inform the Commission of the body or bodies that have been designated in accordance with this paragraph.

1. Each Member State shall designate a body or bodies responsible for the enforcement of obligations laid down in this Regulation

Or. en

Amendment 287

Andrey Novakov, Matteo Ricci, Kosma Złotowski, Jan-Christoph Oetjen, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 18

Regulation (EC) No 261/2004

Article 16 – paragraph 2

Council position

Amendment

2. The national enforcement body shall closely monitor the compliance with the requirements of this Regulation and 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 or other commercial interests.

Or. en

Amendment 288

Andrey Novakov, Matteo Ricci, Kosma Złotowski, Jan-Christoph Oetjen, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 18

Regulation (EC) No 261/2004

Article 16 – paragraph 2 b

Council position

Amendment

2 a. Member States shall inform the Commission of the body or bodies designated in accordance with this Article and of its or their respective responsibilities, including any changes thereof. The Commission and the body or bodies designated shall publish that information on their websites.

Or. en

Amendment 289

Andrey Novakov, Matteo Ricci, Kosma Złotowski, Jan-Christoph Oetjen, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 18 a (new)

Regulation (EC) No 261/2004

Article 16 a (new)

Council position

Amendment

(18 a) 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.

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

3. In carrying out their functions, the national enforcement bodies shall take account, where relevant, of the information submitted to them by the other body designated to handle complaints as defined in Article 16b paragraph 2.

4. Monitoring activities may be performed jointly by national enforcement bodies in the event of air services between two or several Member States.

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

6. In the event that the air carrier invokes extraordinary circumstances as a justification for refusing compensation under this Regulation, the air carrier shall substantiate its claim by providing adequate evidence on those circumstances and related technical issues to the national enforcement bodies within 48 hours. Furthermore, the air carrier shall demonstrate that all reasonable measures were taken to prevent the cancellation or delay of the flight in question.

7. The national enforcement body shall disseminate such information to the bodies designated for alternative dispute resolution pursuant to this Regulation, where available.

8. Every two years by 30 June, the national enforcement bodies shall publish reports with statistics on their activity, including, where relevant, on penalties applied during the two preceding calendar years.

9. On the basis of data which air carriers, airport managing bodies and intermediaries are required to provide on service quality standards as defined in Article 15a, the national enforcement body shall publish statistics concerning the number and nature of complaints, the number of cancellations, denied boardings and delays and their duration and data on lost, delayed or damaged baggage.

10. Air carriers and intermediaries shall give their contact details to the national enforcement body or bodies of the Member States in which they operate.'

Or. en

Amendment 290

Andrey Novakov, Matteo Ricci, Kosma Złotowski, Jan-Christoph Oetjen, Vicent Marzà Ibáñez, Arash Saeidi

Council position

Article 1 – paragraph 1 – point 18 b (new)

Regulation (EC) No 261/2004

Article 16 b (new)

Council position

Amendment

(18 b) Article 16 b

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

1. Where different bodies are designated by a Member State under Articles 16 and 16b of this Regulation by, those bodies shall ensure the exchange of relevant 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 of different 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.

Or. en

Amendment 291

Adrian-George Axinia

Council position

Annex I

Regulation (EC) No 261/2004

Annex I – paragraph 2 – point b a (new)

Council position

Amendment

(b a) Inspections carried out by a national aviation authority shall be planned in advance and shall not qualify as extraordinary circumstances where they cause any disturbance to the air carrier’s operations.

Or. en

Amendment 292

Adrian-George Axinia

Council position

Annex I

Regulation (EC) No 261/2004

Annex I – paragraph 2 – point c

Council position

Amendment

(c) unavailability of flight crew or cabin crew (unless caused by strikes referred to in paragraph 1, point (c)(v) or unexpected absences due to illness or death referred to in paragraph 1, point (c)(vi)).

Or. en

Amendment 293

Adrian-George Axinia

Council position

Annex I

Regulation (EC) No 261/2004

Annex I – paragraph 2 a (new)

Council position

Amendment

2 a. strikes by airline staff, including pilots, cabin crew, or ground staff employed directly or indirectly by the carrier.

Or. en