‘Article 1

Subject matter

This Regulation establishes, under the conditions specified herein, minimum rights for air passengers in the event that:(a)they are denied boarding;(b)their flight is cancelled, delayed or rescheduled;(c)they miss a connecting flight;(d)they are upgraded or downgraded.’;

‘(b) “operating air carrier” means an air carrier that performs or intends to perform a flight under an air transport contract with a passenger or on behalf of another person, legal or natural, having a contract with that passenger, including an air carrier that uses the aircraft of another air carrier, with or without crew of that other air carrier, for the performance of its flights;(c)“Union air carrier” means an air carrier with a valid operating licence granted by a Member State in accordance with the provisions of Regulation (EC) No 1008/2008 of the European Parliament and of the Council*;(ca) "airport managing body" means a body which, in conjunction with other activities or not as the case may be, has as its objective under national laws, regulations or contracts the administration and management of the airport or airport network infrastructures and the coordination and control of the activities of the different operators present in the airports or airport network concerned; [Am. 56](d)“organiser” means a person within the meaning of Article 3, point (8), of Directive (EU) 2015/2302 of the European Parliament and of the Council**;(e)“package” means a combination of travel services as defined in Article 3, point (2), of Directive (EU) 2015/2302;(f)“ticket” means valid evidence, regardless of its form, of an air transport contract;(fa) “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; [Am. 57](fb) "reservation" means the fact that the passenger has a ticket, or other proof, which indicates that the reservation has been accepted and registered by the air carrier or organiser; [Am. 58]

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* Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3, ELI: http://data.europa.eu/eli/reg/2008/1008/oj).

** Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC (OJ L 326, 11.12.2015, p. 1, ELI: http://data.europa.eu/eli/dir/2015/2302/oj).’;

‘(h) “final destination” means the destination of the flight or of the last connecting flight on a journey;(i)“person with disabilities” and “person with reduced mobility” mean any person who has a permanent or temporary physical, mental, intellectual or sensory impairment which, in interaction with various barriers, may hinder that person’s full and effective use of transport on an equal basis with other passengers or whose mobility when using transport is reduced due to age any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation needs appropriate attention and the adaptation to his or her particular needs of the service made available to all passengers; [Am. 60](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;; [Am. 61](k)“volunteer” means a passenger who has presented himself or herself for boarding under the conditions laid down in Article 4(1) and responds positively to the air carrier’s call for passengers who are prepared not to board the aircraft for their flight in exchange for benefits;(l)“cancellation” means the non-operation of a flight which was previously planned and for which an air transport contract was issued, and includes situations where:(i)the aircraft took off but, for whatever reason, either diverted to an airport other than the airport of arrival indicated on the ticket, or returned to the airport of departure, and could not continue to the airport of arrival indicated on the ticket, unless the actual airport of arrival and the airport of arrival indicated on the ticket serve the same town, city or region and the air carrier provided transport to the passenger to the airport of arrival indicated on the ticket, or [Am. 62](ii)a passenger has been issued a ticket for a flight and the time of departure indicated on the passenger’s ticket has been brought forward by more than one hour, unless the check-in and boarding times remain unchanged, or unless the passenger has taken the rescheduled flight;;.’; [Am. 63]

‘(m) “third country” means any country or part of a territory of a Member State to which the Treaties do not apply;(n)“delay at departure” means the difference in time between the time of departure indicated on the passenger’s ticket and the actual time of departure of the flight;(o)“delay at arrival” means the difference in time between the time of arrival indicated on the passenger’s ticket and the actual time of arrival of the flight; a flight where the aircraft took off but was subsequently forced to return to the airport of departure and took off again at a later time is considered to be delayed at arrival; [Am. 64](p)“class of transport” means a part of the passenger cabin of the aircraft characterised by either a specific code indicated in the air transport contract or a combination of different seats, a different seat configuration or anyand other differencedifferences in the service, such as specific catering, provided to passengers compared to other parts of the cabin; [Am. 65](q)“air transport contract” means a contract of carriage concluded between an air carrier or its authorised agent and a passenger or passengers, for the provision of one or more flights; [Am. 66](r) “extraordinary circumstances” means circumstances which by their nature or origin are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control, such as the circumstances in the non-exhaustive list of extraordinary circumstances set out in point 1 of the Annex, but excludes the circumstances in the non-exhaustive list of circumstances set out in point 2 of the Annex; [Am. 67](s)“flight” means an air transport operation operated by a single aircraft between two airports as specified on the ticket through a predetermined itinerary, a schedule and a single identification number, regardless of whether there are intermediate stops exclusively for technical and operational purposes;(t)“connecting flight” means a flight under a single contract of carriage or a single booking reference, or both, which, as part of a journey, is intended to enable the passenger to depart from the initial point of departure and to arrive at a transfer point in order to depart on another flight, or is intended to enable the passenger to depart from a transfer point to enable the passenger to reach another transfer point or the passenger’s final destination; [Am. 68](u)“stopover” means an intentional interruption of a journey under a single air transport contract for a period of time beyond that required for direct transit through or, when changing flights, for a period normally extending to the time of departure of the next connecting flight and including, in exceptional cases, an overnight stay;(v)“journey” means a flight or connecting flights transporting the passenger from the initial point of departure to the passenger’s final destination in accordance with a single air transport contract, with outbound and return flights being separate journeys;(w)“time of departure” means the time when the aircraft leaves the departure stand, either by being pushed back or on its own power (off-block time);(x)“time of arrival” means the time when the aircraft reaches the arrival stand and its parking brakes are engaged (on-block time);(y)“tarmac delay” means a period of time exceeding 30 minutes during which the aircraft remains on the ground between the closing of the aircraft doors and the take-off time of the aircraft, at departure, or a period of time exceeding 30 minutes between the touch-down of the aircraft and the opening of the aircraft doors, at arrival;(z)“night” means the period between midnight and 06:00;(za)“child” means a person below the age of 14 years as of the date of departure of the flight or first connecting flight under an air transport contract;(zaa) "unaccompanied child" means a child travelling without an adult guardian and where the air carrier has accepted responsibility for care in accordance with its published rules; [Am. 69](zb)“infant” means a person below the age of two years as of the date of departure of the flight or first connecting flight under an air transport contract;(zc)“durable medium” means any instrument which enables the passenger to store information in a way accessible for future reference, for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;(zd)“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 legislation, in particular Directive (EU) 2019/882 of the European Parliament and of the Council*;(ze)“disruption” means denied boarding, cancellation, delay at departure, delay at arrival or tarmac delay;(zf)“initial point of departure” means the departure point of the flight or of the first connecting flight on a journey;(zfa) “personal item” means a piece of unchecked baggage, which complies with security and safety requirements, and either with maximum dimensions of 40x30x15cm or on condition that it fits under the seat in front of the seat in which the passenger is sitting; [Am. 70](zfb) “hand baggage” means a piece of unchecked baggage which is not a personal item and which complies with security and safety requirements. [Am. 71]

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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

Scope

1.This Regulation shall apply:(a)to passengers departing from an airport located in the territory of a Member State to which the Treaties apply;(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 Treaties apply, unless they received equivalent benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Union air carrier. [Am. 72]

2.Paragraph 1 shall apply on the condition that passengers:(a)have a ticket for the flight concerned; or(b)have been transferred by an air carrier or an intermediary from the flight for which they held a ticket to another flight, irrespective of the reason.

3. This Regulation shall not apply to passengers travelling free of charge or at a reduced fare not available, directly or indirectly, to the public. However, it shall apply to passengers having tickets issued under a frequent flyer programme or other commercial programme by an air carrier or intermediary. [Am. 73]

4.Without prejudice to Article 8(2), point (d), this Regulation shall only apply to passengers transported by motorised fixed wing aircraft.

5.Unless otherwise specified, the operating air carrier shall be responsible for meeting the obligations under this Regulation.

6.Without prejudice to Article 12 of this Regulation, this Regulation shall also apply to passengers transported on a flight covered by a package travel contract as defined in Article 3, point (3), of Directive (EU) 2015/2302, unless that package travel contract is terminated or its performance is affected for reasons other than a disruption of that flight.

7. Article 7 of this Regulation shall not apply, if the disruption occurs on a connecting flight that both departs from and arrives at an airport in Greenland. [Am. 74]

8. This Regulation is without prejudice to the legal position of the Kingdom of Spain regarding the territory of Gibraltar, as well as the isthmus and the airport constructed thereon. [Am. 75]

It shall apply to Gibraltar airport when, following a settlement of its dispute with the United Kingdom, the Kingdom of Spain is in a position to exercise effective control over that airport and to ensure the application of this Regulation to that airport. The Kingdom of Spain shall notify the Commission when these conditions are met and the Commission shall publish a notification regarding the resolution of the dispute in the Official Journal of the European Union. This Regulation shall apply to that airport from the first day of the month following the date of the publication of that notification in the Official Journal of the European Union.;’ [Am. 76]

‘Article 4

Denied boarding

1.This Article shall apply to passengers that present themselves for boarding at the gate, after they have completed an online check-in or a check-in at the airport, as stipulated and at the time indicated in advance and in writing (including by electronic means) by the operating air carrier, or the intermediary, or, if no boarding time is indicated, not later than 45 minutes before the time of departure indicated on the passenger’s ticket. This Article shall also apply to passengers who do not present themselves for boarding when they were informed in advance that they will be denied boarding against their will.

2.When an operating air carrier reasonably expects to deny boarding on a flight, it shall immediately inform the passengers concerned. The operating air carrier shall, at the same time, specify to the passengers concerned their specific rights under this Regulation applicable to the case, in particular as regards the right to reimbursement or, rerouting under Article 8and compensation and the right to assistance under Article 9this Regulation. [Am. 77]

The operating air carrier shall call for volunteers under conditions to be agreed between each volunteer and the operating air carrier. The air carrier shall inform the volunteers of their rights in accordance with this Regulation. This The agreement with each volunteer regarding the benefits shall only replace the volunteer’s right to compensation as laid down in Article 7(1) if the volunteer explicitly approves of it by means of a signed document or any digital means on a durable medium. In absence of such an approval, the volunteer shall be, without undue delay and at the latest within seven calendar days of the denied boarding, immediately compensated by the operating air carrier denying boarding in accordance with Articles 7(1). [Am. 78]

3.If the number of volunteers who come forward is insufficient to allow the remaining passengers with tickets to board the flight, the operating air carrier may then deny boarding to passengers against their will, with the exception of passengers referred to in Article 11.

4.The operating air carrier denying boarding shall immediately specify to the passengers concerned the information on the handling of complaints under Articles 15a and 16a.

The operating air carrier denying boarding shall, without undue delay, offer to the passengers concerned, in a clear manner, the choice between reimbursement and rerouting in accordance with Article 8. By way of derogation from Article 8(1), point (a), when the passengers who were denied boarding are entitled to reimbursement it shall be granted without undue delay and at the latest within seven calendar days of the denied boardingimmediately. [Am. 79]

The operating air carrier denying boarding shall offer assistance in accordance with Article 9 to the passengers concerned. By way of derogation from Article 9(1), point (a), refreshments shall be granted immediately.

The operating air carrier denying boarding to passengers against their will shall immediately compensate the passengers concerned in accordance with Article 7(1), without undue delay and at the latest within seven calendar days of the denied boarding. [Am. 80]

5. Paragraphs 3 and 4 shall also apply to return flights where the passenger is denied boarding on the ground that the passenger did not take an outbound flight covered by the same air transport contract. [Am. 81]

5a. Passenger shall not be denied boarding at the return journey, including one which consists of multiple flights, on the grounds that the passenger did not take the outbound flight of a return ticket or did not pay an additional charge for this purpose. If boarding is denied to passengers against their will on such grounds, this Article shall apply. In addition, the operating air carrier shall immediately compensate the passengers concerned in accordance with Article 7 and shall assist them in accordance with Articles 8 and 9.’; [Am. 82]

6. Where the passenger, or an intermediary, demands the correction of a spelling mistake in the name or given name(s) of one or several passengers or in case of administrative change to those names, the operating air carrier shall correct or change this at least once up until 48 hours before departure without any additional charge to the passenger or the intermediary.;’ [Am. 83]

‘Article 5

Cancellation

1.In case of cancellation of a flight, the operating air carrier of the cancelled flight shall immediately inform the passengers concerned. The operating air carrier shall, at the same time, specify to the passengers concerned their specific rights under this Regulation applicable to the case, in particular as regards reimbursement or rerouting under Article 8 and assistance under Article 9, as well as the information on the process for requesting compensation defined in Article 7 and on the handling of complaints under Articles 15a and 16a.

The operating air carrier shall, without undue delay, specify to inform the passengers concerned by electronic means of the reasons for the cancellation. The passengers shall be entitled, upon request, to receive in writing the reasons for the cancellation. The operating air carrier shall provide such as soon as this information in a clear manner within seven calendar days of the submission of the request is available, and in any event no later than 30 minutes after the scheduled departure time. [Am. 84]

2.The operating air carrier of the cancelled flight shall, without undue delay, offer the passengers concerned, in a clear manner, the choice between reimbursement and rerouting in accordance with Article 8.

3.The operating air carrier shall offer assistance to the passengers concerned in accordance with Article 9.

4.Passengers shall have the right to receive compensation from the operating air carrier of the cancelled flight in accordance with Articles 7(1) and 7(3) when they choose a reimbursement in accordance with Article 8(1), point (a), or rerouting in accordance with Article 8(1), point (c), or,and/or when they reach their final destination with a delay at arrival exceeding the thresholdsthreshold set out in Article 7(2) after they choose rerouting in accordance with Article 8(1), point (b). To that end, the air carrier shall systematically provide the passenger with a pre-filled form in an accessible format and on a durable medium in accordance with Article 16aa of Regulation [2023/0437(COD)] on enforcement of passenger rights in the Union. The air carrier shall provide a reply within the deadline set out in Article 7(5). [Am. 85]

5.An operating air carrier shall not be obliged to pay compensation in accordance with Article 7 if it can prove that the cancellation was caused by extraordinary circumstances and the cancellation could not have been avoided even if the air carrier had taken all reasonable measures. Such extraordinary circumstances may only be invoked in so far as they affect the flight concerned or at least one of the threethe preceding flights in the rotation sequence planned to beflight operated by the same aircraft, and provided that there is a direct causal link between the occurrence of that circumstance and the cancellation of the flight. The burden of proof regarding the existence of that direct causal link shall rest with the operating air carrier. Where no proof of the existence of extraordinary circumstances is provided by the air carrier in a written form, the compensation referred to in Article 7 shall be paid by the air carrier. [Am. 86]

6.The right to receive assistance under paragraph 3 and compensation under paragraph 4 shall not apply if the passengers have been informed of the cancellation at least 14 calendar days before the date of departure indicated on the passenger’s ticket. The burden of proof concerning the questions of whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air carrier.

6a. In the event of cancellation of a flight owing to insolvency, bankruptcy, or the suspension or cessation of the activities of an air carrier, passengers who are stranded shall be entitled to a reimbursement, the return flight to the point of departure or re-routing, and to care, as provided for in Articles 8 and 9 of this Regulation. Equally, air passengers who have not yet started their journey shall be entitled to reimbursement. Air carriers shall prove that they have taken all necessary measures, such as taking out an insurance policy or creating guarantee funds, to provide for the care, reimbursement or re-routing of stranded passengers where applicable. These rights shall apply to all passengers concerned irrespective of their place of residence, point of departure or where they bought their ticket.’; [Am. 87]

‘Article 6

Delay

1.When an operating air carrier expects a flight to be delayed, it shall inform the passengers concerned immediately, where possible, but at the latest, by the time of departure indicated on the passenger’s ticket. To the extent possible, passengers shall receive regular updates in real-time. The operating air carrier shall, at the same time, inform the passengers concerned of their specific rights under this Regulation applicable to the case, in particular as regards assistance under Article 9, the information on the process for requesting compensation defined in Article 7 and on the handling of complaints under Articles 15a and 16a.

The operating air carrier shall, without undue delayas soon as this information is available, and in any event no later than 30 minutes after the scheduled departure time, specify to the passengers concerned the reasons for the delay of the flight. The passengers are entitled, upon request, to receive in writing the reasons for the delay at arrival. The operating air carrier of the delayed flight shall provide such information in a clear mannersend to passengers the pre-filled common form within 7 calendar days of the submission of the request48 hours following travel disruption for the purpose of reimbursement and compensation in accordance with Article 6c. [Am. 88]

2.The operating air carrier shall offer to the passengers concerned assistance in accordance with Article 9.

3.When the delay reaches the thresholdsthreshold set out in Article 7(2) calculated from the time of departure indicated on the passenger’s ticket, the operating air carrier shall, without undue delay, offer the passengers concerned the choice between reimbursement and rerouting in accordance with Article 8. [Am. 89]

3a. 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). [Am. 90]

4.Passengers shall have the right to receive, upon request, compensation from the operating air carrier of the delayed flight in accordance with Articles 7(1) and 7(3) when they reach their final destination with a delay at arrival exceeding the thresholdsthreshold set out in Article 7(2). To that end, the operating air carrier shall, systematically within 48 hours following the delay, provide the passenger with a pre-filled form in accordance with Article 16aa of Regulation [2023/0437(COD)] on enforcement of passenger rights in the Union]. [Am. 91]

Passengers shall have the right to receive, upon request, compensation from the operating air carrier of the delayed flight in accordance with Articles 7(1) and 7(3) when they choose a reimbursement in accordance with Article 8(1), point (a), or rerouting in accordance with Article 8(1), point (c), or, when they reach their final destination with a delay at arrival exceeding the thresholdsthreshold set out in Article 7(2) after they choose rerouting in accordance with Article 8(1), point (b). [Am. 92]

5.This Article shall also apply if the time of departure indicated on the passenger’s ticket was postponed by the operating air carrier.

The right to receive assistance under paragraph 2 and compensation under paragraph 4 shall not apply if the passenger has been informed of such a change at least 14 calendar days before the time of departure indicated on the passenger’s ticket. The burden of proof concerning the questions as to whether and when the passenger has been informed of the change in time shall rest with the operating air carrier.

6.An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay at arrival was caused by extraordinary circumstances and the delay could not have been avoided even if the air carrier had taken all reasonable measures. Such extraordinary circumstances can only be invoked in so far as they affect the flight concerned or at least one of the threethe preceding flights in the rotation sequence planned to beflight operated by the same aircraft and provided that there is a direct causal link between the occurrence of that circumstance and the delay at departure of the subsequent flight. The burden of proof regarding the existence of that direct causal link shall rest with the operating air carrier.; Where no proof of the existence of extraordinary circumstances is provided by the air carrier in a written form, the compensation referred to in Article 7 shall be paid by the air carrier. The above does not exempt air carriers from the requirement to provide passengers with assistance in accordance with Article 9.’; [Am. 93]

‘Article 6a

Tarmac delay

1.In the event of tarmac delay, the operating air carrier shall, to the extent possible, provide passengers with regular and real-time updates.

2.Subject to safety or security constraints, where a tarmac delay occurs, the operating air carrier shall ensure adequate heating or cooling of the passenger cabin, free of charge access to toilet facilities on board and shall ensure that passengers referred to in Article 11 receive the required attention. Unless it would extend the tarmac delay or unless it cannot be reconciled with air safety or air security requirements, the operating air carrier shall provide free of charge drinking water on board.

3.Where a tarmac delay reaches threetwo hours in an airport with commercial passenger traffic situated in a territory of a Member State to which the Treaties apply, the aircraft shall proceed to the gate or another suitable disembarkation point where passengers shall be allowed to disembark. Beyond that deadline, a tarmac delay can only be prolonged if there are safety, immigration, air traffic control or security-related reasons why the aircraft cannot leave its position on the tarmac. [Am. 94]

4.Passengers disembarked in accordance with paragraph 3 shall be entitled to the rights provided for under Article 6 and, where applicable, Article 11, taking into account the tarmac delay and the time of departure indicated on the passenger’s ticket.

Article 6b

Missed connecting flight during journeys performed under a single air transport contract

1.Where a passenger misses a connecting flight during a journey as a result of a disruption on the preceding flight, the operating air carrier of the preceding flight shall be responsible for providing to the passenger rerouting in accordance with Article 8(1), point (b), and assistance in accordance with Article 9.

2.Where the operating air carrier cannot reroute the passenger within the time period set out in Article 7(2), points (a) and (b), calculated from the time of departure indicated on the passenger’s ticket of the missed connecting flight, the operating air carrier shall, without undue delay, offer the passengers concerned, in a clear manner, the choice between reimbursement and rerouting in accordance with Article 8.

3.Passengers shall also have a right to receive, upon request, compensation from the air carrier operating the disrupted flight in accordance with Articles 7(1) and 7(3), if they reach their final destination with a delay at arrival exceeding the thresholdsthreshold set out in Article 7(2). [Am. 95]

Passengers shall have the right to receive, upon request, compensation from the air carrier operating the disrupted flight in accordance with Articles 7(1) and 7(3) when they choose a reimbursement in accordance with Article 8(1), point (a), or rerouting in accordance with Article 8(1), point (c), or, when they reach their final destination with a delay at arrival exceeding the thresholdsthreshold set out in Article 7(2) after they choose rerouting in accordance with Article 8(1), point (b). [Am. 96]

Where paragraphs 2 and 3 of this Article apply, the operating air carrier shall, systematically within 48 hours following the missed connecting flight, provide the passenger with a pre-filled form in accordance with Article 16aa of Regulation [2023/0437(COD)] on enforcement of passenger rights in the Union. [Am. 97]

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.; [Am. 98]

Article 6c

Extraordinary circumstances

1. Extraordinary circumstances shall be considered to be 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 the Annex.

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 of Regulation [2023/..] on enforcement of passenger rights in the Union].

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 which is not covered under Annex to this Regulation, the Commission is empowered to adopt a delegated act in accordance with Article 16h in order to amend the exhaustive list set out in that Annex by adding the relevant extraordinary circumstance, provided that this is strictly necessary to respond to such an unusual event.’; [Am. 99]

‘Article 7

Right to compensation

1.In the case of a disruption, the following compensation amounts shall apply under the conditions defined in Articles 4, 5, 6 or 6a and in this Article:(a)300 EUR 300 for all intra-Union journeys and for journeys of 3 5001 500 kilometres or less; [Am. 100](b)500 EUR 400 for all for journeys above 1 500 km and up to 3 500 kilometres.km; [Am. 101](ba) EUR 600 for all journeys above 3 500 km; [Am. 102]

By way of derogation from point (a), for journeys between outermost regions and another territory of a Member State to which the Treaties apply, the compensation amounts shall be determined on the basis of the actual distance of the journeys. [Am. 103]

1a. Every three years, the Commission shall adopt a delegated act automatically adjusting the amounts of compensation referred to in this paragraph to the combined overall inflation rate of the three preceding years based on the European Index of Consumer prices published by Eurostat pursuant to Regulation (EU) 2016/792*. [Am. 104]

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 following a loss of time under Article 6, paragraph 3a, of three hours or more, regardless of the distance of the journey. [Am. 105](a) four hours for all intra-Union journeys and for journeys of 3 500 kilometres or less; [Am. 106](b) six hours for journeys above 3 500 kilometres. [Am. 107]

3.In determining the distances for the purpose of this Regulation, the basis for the calculation shall be the distance between the initial point of departure and the final destination. In the case of a connecting flight, only the initial point of departure and the airport of the final destination shall be taken into consideration. Those distances shall be measured by the great circle route method.

4.Where the passengers have chosen to continue thetheir journey pursuant to Article 8(1), point (b)points (a), (b) or (c), and a further disruption occurs during rerouting, the passenger’s right to compensation can only arise onceshall be upheld during the journey to thererouting to their initial point of departure or to their final destination. [Am. 108]

4a. 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. [Am. 109]

4b. 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. [Am. 110]

5.Requests for compensation under this Article shall be submitted by the passenger using the pre-filled common form sent by the operating air carrier within six months of the actual date of departure indicated one year from the date on which the flight was performed or was scheduled to be performed the passenger’s ticket. Within 14 calendarseven working 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) and Article 6c, 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. [Am. 111]

Where the operating air carrier does not pay the requested compensation, the passenger may submit a complaint in accordance with Article 16a.

6. The compensation shall be paid in cash or, if agreed by the passenger in a signed document or any digital means on a durable medium, by other means.; [Am. 112]

_____________

* Regulation (EU) 2016/792 of the European Parliament and of the Council of 11 May 2016 on harmonised indices of consumer prices and the house price index, and repealing Council Regulation (EC) No 2494/95 (OJ L 135, 24.5.2016, p. 11).’;

‘Article 8

Right to reimbursement or rerouting

1.In the case of a disruption, passengersthe operating air carrier shall be offered, free of charge, the choice between the following options, without any further consideration and under the conditions definedset 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: [Am. 113](a)automatic reimbursement following the completion via the pre-filled common form within 14 calendarseven working days from the date of departurepassenger’s request of the disrupted flight indicated on the passenger’s ticket, in cashonly by electronic bank transfer, credit card refund or, if agreed bank order to the account indicated by the authorised passenger in a signed document or any other digital means on a durable medium, by other means, of the full cost of the tickets, for the part or parts of the journey or journeys not made, and for the part or parts of the journey or journeys already made if the flight is no longer serving any purpose in relation to the passenger’'s original travel plans, together with, where relevant, a return flight to the initial point of departure, at the earliest opportunity after the time of departure indicated on the passenger’s ticket or, in agreement with the passenger, before that time; [Am. 114](b)continuation of the passenger’s journey under comparable transport conditions, by rerouting the passenger to his or her final destination at the earliest opportunity after the time of departure indicated on the passenger’s ticket or, in agreement with the passenger, before that time; or [Am. 115](c)rerouting, under comparable transport conditions, to their final destination at a later date at the passenger’s convenience, subject to availability of seats. [Am. 116]

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. [Am. 117]

Where the airport managing body activates its contingency plan in accordance with Article 10a, the deadline referred to in point (a) of this paragraph may be extended to 30 calendar days. [Am. 118]

2.In order for the passenger to reach his or her destination as determined under paragraph 1 at the earliest opportunity and with a total travel time as close as reasonably possible to the scheduled total travel time of the original flight, the operating air carrier shall, subject to availability and provided that these are under comparable transport conditions as set out in the air transport contract, offer at least one of the following alternative options for the passenger’s consideration and agreement in a signed document or any other digital means on a durable medium: [Am. 119](a)a flight or connecting flights, following the same route as set out in the air transport contract;(b)a different routing, including to or from alternative between the same airports to the airport of departure and of arrival as stated in the air transport contract, in which case, the operating air carrier shall bear the cost of transferring the passenger from the airport stated in the air transport contract to the alternative airport or to the airport stated in the air transport contract from the alternative airport; [Am. 120](ba) rerouting to or from alternative airports to the airports stated in the air transport contract, in which case, the operating air carrier shall bear the cost of transferring the passenger between the airport stated in the air transport contract and the alternative airport; [Am. 121](c)the use of services operated by another air carrier; or(d)where appropriate for the distance to be travelled, the use of another mode of transport.

In the event of rerouting via another mode of transport or with another air carrier, the operating air carrier shall remain responsible for information, assistance and rerouting only until the departure of that rerouting service. The operating air carrier shall remain responsible for compensation for delay at arrival at the final destination in accordance with Article 7. The carrier operating the rerouting service shall be responsible for all other rights connected to that service in accordance with the applicable Union law on passenger rights for that mode of transport. [Am. 122]

3.Where a passenger informed the operating air carrier of his or her choice to continue his or her journey in accordance with paragraph 1, point (b), and paragraph 4, and if the operating air carrier has not offered within three hours a rerouting under comparable transport conditions, the passenger may arrange his or her own rerouting in accordance with paragraph 2. If the passenger chooses to arrange his or her own rerouting, the passenger shall inform the operating air carrier accordingly. The passenger shall have the right to refuse re-routing options if those re-routing options are not under comparable transport conditions, and, in such case, shall maintain his or her rights to assistance in accordance with Article 9 while waiting for the re-routing. [Am. 123]

In the case of a cancellation, the first subparagraph shall apply from the time of departure indicated on the passenger’s ticket.

When arranging their own rerouting, the passengers shall limit the expenses to those that are necessary, reasonable and appropriate. The operating air carrier shall reimburse the expenses not exceeding 400 % of the full cost of the ticket or tickets incurred by the passenger within 14 calendarseven working days of the submission of the request. Where the airport managing body activates its contingency plan, that deadline may be extended to 30 calendar days. [Am. 124]

4.A passenger may choose between reimbursement in accordance with paragraph 1, point (a), or rerouting at a later date in accordance with paragraph 1, point (c), until when the passenger has accepted a rerouting at the earliest opportunity offered by the operating air carrier in accordance with paragraph 1, point (b), or until when the passenger has decided to self-reroute in accordance with paragraph 3.

The passenger shall inform the operating air carrier of his or her choice.

4a. 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. The burden of proof concerning the passenger's choice shall rest with the operating air carrier. To that end, the operating air carrier shall also ensure that the choice made by the passenger pursuant to this Article is confirmed by means of a signed document or any digital means on a durable medium.’; [Am. 125]

‘Article 9

Right to assistance

1.In the case of a disruption and subject to the conditions referred to in Articles 4, 5, 6, 6a and 6b and inWhere reference is made to this article, and when the waiting time for their flight or alternative transportation is prolonged by at least two hours, passengers shall be offered, free of charge, the following: [Am. 126](a)refreshments every two hours of waiting time;(b)a meal after three hours and then every five hours of waiting time with a maximum of three meals per day;(c)text messages, internet access and two telephone calls. [Am. 127]

The operating air carrier may limit or decline the assistance provided under the first subparagraph if its provision would further delay the departure of the delayed flight or the rerouting, including the departure of the alternative transportation.

2.In addition, where a stay of one or more nights becomes necessary while waiting for the flight or alternative transportation, passengers shall be offered, free of charge, the following:(a)hotel accommodation;(b)transport from the airport to the hotel accommodation and return.

3.The operating air carrier may use vouchers to meet its obligations under paragraph 1, points (a) and (b), and paragraph 2. The vouchers provided in accordance with paragraph 1 shall be able to be used in all shops providing food and refreshments at the airport where the passengers concerned are stranded, on board their flight, and, as appropriate, at the accommodation provided pursuant to paragraph 2, point (a). A voucher provided in accordance with paragraph 2, point (a), can only be issued if the operating air carrier has pre-booked a room for the passenger concerned. [Am. 128]

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 30[...] 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. [Am. 129]

5.At all Union airports with commercial passenger traffic, the airport managing body shall put in place arrangements to ensure that drinking water and recharging stations for electronic devices can be made available, free of charge, regardless of the time of day, flight or terminal. [Am. 130]

6.If the disruption is caused by extraordinary circumstances and the disruption could not have been avoided even if the air carrier had taken all reasonable measures, the air carrier may limit the accommodation provided in accordance with paragraph 2, point (a), to a maximum of three nights.

7.Where a passenger opts for reimbursement pursuant to Article 8(1), point (a), while being at the initial point of departure, or opts for rerouting at a later date pursuant to Article 8(1), point (c), the passenger shall have no further rights with regard to assistance under paragraphs 1 and 2 in relation to the relevant flight.’;

‘Article 10

Upgrading and downgrading

1.If an operating air carrier places a passenger in a class of transport higher than that for which the ticket was purchased, it shall not request any supplementary payment.

2.If an operating air carrier places a passenger in a class of transport lower than that for which the ticket was purchased, it shall, without request, within 14 calendarseven working days of the downgrading, by the means provided for in Article 7(6), provide the passenger with compensation at least equivalent toreimburse: [Am. 131](a)4030 % of the flight price for all flights of 3 5001 500 kilometres or less;, or [Am. 132](b)7550 % of the flight price for all intra-Union flights aboveof more than 1 500 kilometres and for all other flights between 1 500 and 3 500 kilometres., or [Am. 133](ba) 75 % of the cost of the flight price for all flights not falling under (a) or (b), including flights between the European territory of the Member States and the French outermost regions. [Am. 134]

3.Where the flight price is not indicated on the ticket, the compensation referred to in paragraph 2 shall be calculated based on the relevant proportion of the distance of the flight when compared to the total distance covered by the air transport contract, calculated in accordance with Article 7(3).

4.The flight price referred to in this Article excludes taxes and charges indicated on the ticket, as long as neither the requirement to pay those taxes and charges nor their amount depend on the class of transport for which that ticket has been purchased.

5.This Article shall not apply to advantages included in a higher fare within the same class of transportancillary services, such as specific seating or catering, which are independent from the class of transport and sold separately.’; [Am. 135]

‘Article 10a

Airport contingency plans

1.At a Union airport which haswith an annual passenger traffic volume of not less than 4of more than 5 million passengers for at least three consecutive years, the airport managing body shall ensure that the operations of the airport managing body and of airport essential service providers, in particular the air carriers, and the suppliers of groundhandling services, are coordinated through a proper contingency plan in view of possible situations of multiple cancellations, of multiple delays of flights, or both, leading to a considerable number of passengers being stranded at the airport. The contingency plan shall be set up to ensure that adequate information is given to stranded passengers and shall contain arrangements in order to minimise their waiting time and discomfort. [Am. 136]

2.Airport contingency plans shall take into account the particular and individual needs of the passengers referred to in Article 11.

3.The contingency plan shall be set up in particular with the participation of the Airport Users Committee referred to in Council Directive 96/67/EC*, of the providers of groundhandling services, and of other airport essential service providers, including special assistance providers for passengers with a disability or with reduced mobility. The contingency plan shall be set up with the participation of the relevant authorities where appropriate. The contingency plan shall also contain the contact data of the person or persons designated by the air carriers participating in the Airport Users Committee in order to represent them on the spot in the case of multiple cancellations, of multiple delays of flights, or both. The air carrier shall ensure that any designated person has the necessary means to assist passengers in accordance with the obligations arising from this Regulation in the case of a disruption. [Am. 137]

4.The airport managing body shall communicate the contingency plan to the Airport Users Committee referred to in Directive 96/67/EC and, upon request, to the national enforcement body entrusted with thedesignated pursuant to Article 16. The national enforcement body shall monitor the compliance of the airport managing body with the requirementsof this Regulation under Article 16(1) of this RegulationArticle. [Am. 138]

5.A Member State may decide that an airport not covered by paragraph 1, located on its territory, is to meet the obligations laid down in paragraphs 1 to 4.

6.At Union airports with annual passenger traffic below the threshold set in paragraph 1 or not covered by a decision of a Member State under paragraph 5, the airport managing body shall make all reasonable efforts to coordinate airport users and to make arrangements with airport users to inform stranded passengers in the case of multiple cancellations, of multiple delays of flights, or both, leading to a considerable number of passengers being stranded at the airport.

______________________

* Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports (OJ L 272, 25.10.1996, p. 36, ELI: http://data.europa.eu/eli/dir/1996/67/oj).’

‘Article 11

Passengers with specific needs

-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. [Am. 139]

1.All information provided to passengers under this Regulation shall be provided in an accessible format.

2.This Article shall apply to persons with disabilities, persons with reduced mobility, infants, unaccompanied children and pregnant women, provided that the operating air carrier has been notified of their particular needs for assistance at the time when the disruption is announced, at the latest. It shall also apply to persons in need of specific medical assistance provided that the operating air carrier has been notified of their needs for specific medical assistance at check-in, at the latest. Operating air carriers may require a proof of such needs.

Such notification shall be deemed to cover all journeys under an air transport contract.

3.At the latest at check-in, and subject to seat availability, Any person accompanying the persons referred to in paragraph 2 or accompanying a child, under the same air transport contract, shall be offered by the air carrier, free of charge, the possibility of being seated in a seat adjacent to that person or child. Where adjacent seats are unavailable, the air carrier shall endeavour to assist the accompanying person(s) to find adjacent seats. [Am. 140]

4.At boarding, operating air carriers shall give priority to persons referred to in paragraph 2 and any person or recognised assistance dogs accompanying them, as well as to children in a pram or a pushchair with their accompanying person. [Am. 141]

4a. Operating air carriers shall ensure, at no additional cost, that infants and children in need of a pram or a pushchair can be transported in a pram or a pushchair up to the boarding gate or aircraft door, and that a pram or a pushchair is made available to them at the aircraft door, unless there are safety, security, capacity or operational constraints. [Am. 142]

4b. Where the airport does not fulfil its obligations under Articles 7 and 8 of Regulation (EU) No 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. [Am. 143]

5.In applying the rerouting and assistance in accordance with Articles 8 and 9, the operating air carrier shall pay particular attention to the needs of the persons referred to in paragraph 2. Air carriers shall provide this rerouting and assistance to those persons, including to any persons or recognised assistance dogs accompanying them, as soon as possible.

6.Article 9(6) shall not apply to a passenger referred to in paragraph 2, or to any persons or recognised assistance dogs accompanying them.’;

‘Article 11a

Right to personal item and hand baggage

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, provided that 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 baggage. The hand baggage 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 baggage.

The hand baggage may be stored either in the aircraft cabin (as carry-on baggage) or in the aircraft hold. The carrier may refuse to allow the hand baggage on board only on grounds of security connected with the weight or size of the hand baggage in relation to the characteristics of the aircraft.

Air carriers shall provide clear, transparent, and easily accessible information on the weight and dimension requirements for the hand baggage at the time of booking and after the booking is completed, ensuring passengers are fully informed before their journey.

3. For the event that a personal item or hand baggage is left behind in the aircraft cabin, the operating and contracting air carriers shall establish in advance which party is responsible for handling any subsequent requests. The designated responsible air carrier shall automatically inform the passengers, upon the completion of booking, regarding the procedure for retrieving forgotten personal items or hand baggage. This information shall be communicated in a clear and comprehensive manner and shall include electronic contact details, applicable forms, and any other pertinent details necessary for the passenger to initiate a request.’; [Am. 144]

‘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.’; [Am. 145]

‘Article 11b

Check-in

1. Passengers shall have the right to check in either online or at the airport without incurring any additional charges. For this purpose, air carriers may provide self-service check-in stations at the airport to facilitate the check-in process.

2. Passengers shall have the right to choose, at their discretion, to use a boarding pass either in paper format or in digital format.’; [Am. 146]

‘Article 12

Further rights

1.This Regulation shall not affect rights of passengers granted under other legal acts including Directive (EU) 2015/2302, unless otherwise provided for in this Article.

The compensation granted under Article 7 or Article 10(2) of this Regulation shall be deducted from compensation or price reduction granted under other legal acts such as Directive (EU) 2015/2302, if the rights for which the compensation or price reduction is granted safeguard the same interest or have the same objective. Similarly, the compensation or price reduction granted under other legal acts such as Directive (EU) 2015/2302 shall be deducted from compensation granted under Article 7 or Article 10(2) of this Regulation, if the rights for which the compensation or price reduction is granted safeguard the same interest or have the same objective.

Notwithstanding the right of a package travel organiser to seek redress or refunds in accordance with Article 22 of Directive (EU) 2015/2302, without prejudice to Article 13 of this Regulation, and by way of derogation from Article 8(1), point (a), if the flight is part of a package travel contract as defined in Article 3, point (3), of Directive (EU) 2015/2302, passengers shall have no right to reimbursement under this Regulation insofar as a corresponding right arises from Directive (EU) 2015/2302.

2.Without prejudice to relevant principles and rules of national law, including case‑law, paragraph 1 shall not apply to volunteers under the conditions set out under Article 4(2).

3.When compensation or a reimbursement has already been paid to the passenger under the legislation of a third country, the amount of such compensation or a reimbursement shall be deducted from the amount of the compensation or a reimbursement granted under this Regulation.’;

‘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.’; [Am. 147]

‘Article 13

Right of redress

In cases where an operating air carrier pays compensation or meets the other obligations incumbent on it under this Regulation, no provision of this Regulation or of national law may be interpreted as restricting its right to seek compensation from any person, including third parties, in accordance with the applicable Union or national law. In particular, this Regulation shall in no way restrict the right of the operating air carrier to seek compensation or to recover its costs from an airport or other third party with whom the operating air carrier has a contract.’; [Am. 148]

‘Article 14

Obligations to inform passengers

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. [Am. 149]

2.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;(ba) on the core travel services and optional price supplements(c)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(d)the terms and conditions of the air transport contract.

In order to comply with the information requirement set out in point (b) of the first subparagraph, the air carrier and the intermediary 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. [Am. 150]

3. An intermediary or an air carrier which sells tickets covered by a combination of air transport contracts shall inform the passenger prior to the purchase, that the tickets are covered by separate air transport contracts and that the rights under Articles 7, 8 and 9 relating to compensation, reimbursement, rerouting or assistance in the case of a missed subsequent flight do not apply under the separate air transport contract. That information shall be provided in a clear manner when selling the tickets.

Air carriers and intermediaries shall provide the information pursuant to this paragraph in the language of the air transport contract and a language that is internationally used on a durable medium. [Am. 151]

4.The airport managing body and operating air carrier shall ensure that at the check-in desks (including at self‑serviceself-service check-in machines), on website and at the boarding gate, the following text is displayed in a clear 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 information notice stating your rights, particularly with regard to reimbursement or rerouting, assistance and possible compensation”. That text shall be displayed at least in the language or languages of the location of the airport and in a language that is internationally used. The airport managing body and operating air carrier shall also ensure that at the check-in desks, next to the text, a QR code or any other technical means is displayed to access the mobile application of the Commission on passenger rights containing a summary of this Regulation. To that end, airport managing bodies shall cooperate with operating air carriers. [Am. 152]

4a. 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 15aa. 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. [Am. 153]

4b. 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. [Am. 154]

4c. The operating air carrier shall provide the passengers with clearly legible and transparent information about passenger rights and contacts for help and assistance on electronic tickets and electronic and printed versions of a boarding card. [Am. 155]

4d. 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. [Am. 156]

4e. 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. [Am. 157]

4f. 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. [Am. 158]

4g. In respect of blind and visually impaired persons, persons with cognitive or intellectual disabilities, and persons with reduced mobility, this Article shall be applied using appropriate alternative and accessible means. [Am. 159]

4h. The airport managing body shall ensure that general information on passenger rights is clearly and visibly displayed within the passenger areas of the airport. On the basis of the information received, it shall also ensure that passengers present at the airport are informed about the causes in cases of delays and flight disruptions, such as the cancellation of their flight, and their rights in relation to those delays and disruptions, and about their rights in the event that the airline unexpectedly ceases operations, for example in the event of its insolvency or revocation of its operating licence. [Am. 160]

4i. In the event of cancellation or delay at departure, passengers shall be informed by the operating air carrier of the situation, including of the cause of the disruption, as soon as this information is available, and in any event no later than 30 minutes after the scheduled departure time, and of the estimated departure time, provided that the air carrier has received the passenger's contact details in accordance with [*Enforcement Regulation] in case the ticket was acquired via an intermediary. [Am. 161]

4j. 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. [Am. 162]

4k. Any electronic communication to the passenger notifying him or her of cancellation, long delay, or change of schedule shall state prominently that the passenger may be entitled to compensation and/or assistance under this Regulation.’; [Am. 163]

‘Article 15a

Complaint to the air carrier or the intermediary

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. [Am. 164]

2.When Passengers may submit a complaint using the mechanismto 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 six months of the disruption concerned. Within 30 calendar days of the submission of the complaint, the air carrier, or the intermediary, toone year from the date on 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 bodiesflight departed or was scheduled to depart. [Am. 165]

2a. Where the air carrier invokes extraordinary circumstances, it shall inform the passenger in its reply of the specific circumstances responsible for the cancellation or delay. The air carrier shall also show that it took all reasonable measures to avoid the cancellation or delay. [Am. 166]

2b. The burden of proof regarding the provision of the requisite information to passengers shall be on the air carrier and the intermediary. [Am. 167]

3.The submission of complaints by passengers using the mechanism referred to in paragraph 1Within 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 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 lawdeemed to have accepted the passenger’s claims. [Am. 168]

3a. 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. [Am. 169]

3b. 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. [Am. 170]

3c. The burden of proof regarding the provision of the requisite information to passengers shall rest with the air carrier and the intermediary.’; [Am. 171]

‘Article 16

Designation of national enforcement bodies [Am. 172]

1.Each Member State shall designate a national enforcement body or national Enforcement bodies responsible for the enforcement of obligations laid down in 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. [Am. 173]

2.The national enforcementEach 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 respectedbe independent in its organisation, funding decisions, legal structure and decision-making of any air carrier, airport managing body and intermediary or other commercial interests. [Am. 174]

2a. 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. [Am. 175]

3. Passengers may report alleged infringements of this Regulation to the national enforcement body. The national enforcement body may investigate the alleged infringements reported and decide on enforcement actions based on information contained in those reports. [Am. 176]

4. The sanctions laid down by Member States for infringements of this Regulation shall be effective, proportionate and dissuasive. In particular, such sanctions shall be sufficient to provide carriers and intermediaries with a financial incentive to consistently comply with this Regulation. [Am. 177]

5. By … [6 years from the date of entry into force of this amending Regulation] and every five years thereafter, the national enforcement bodies shall publish on their websites a report on their activity, on the enforcement action and its outcome, including on sanctions applied. These reports shall also be submitted to the Commission. [Am. 178]

6.Operating air carriers and intermediaries shall communicate the required contact data of the person or persons, or of a body designated to act and to receive documents issued by the national enforcement body or bodies on their behalf on a permanent basis, in the Member State where they operate, for matters covered by this Regulation, to the national enforcement bodies. National enforcement bodies may exchange this information with each other for the purpose of enforcing this Regulation.’;

‘Article 16-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 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.’; [Am. 179]

‘Article 16-aa

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 Council1a, 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 infringements by airport managing body, the complaint shall be handled by the national enforcement body or any other body designated under paragraph 2 of the Member State on whose territory the incident occurred.

5. National Enforcement bodies or any other body designated under paragraph 2 of this Article 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 Council1b.

6. Decisions of national enforcement bodies or of any other body designated under paragraph 2 shall be binding on both parties and enforceable, without prejudice to the right of parties to access the judicial system.

_____________

1a 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).

1b 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 (OJ L 345, 27.12.2017, p. 1, ELI: http://data.europa.eu/eli/reg/2017/2394/oj).’; [Am. 180]

‘Article 16-ab

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.’; [Am. 181]

‘Article 16-ac

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 reply, set out the measures taken to remedy the non-compliances identified and address the recommendations.

4. The report, together with the reply of the national enforcement body, shall subsequently be communicated to the national enforcement bodies of the other Member States, where appropriate.’; [Am. 182]

‘Article 16-ad

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.’; [Am. 183]

‘Article 16-ae

Cooperation between Member States and the Commission

1. The Member States shall regularly send relevant information concerning the application of this Regulation to the Commission, which will make this information available in electronic form to other Member States.

2. At the request of the Commission, the national enforcement bodies shall investigate specific suspected practices of non-compliance with the obligations laid down in this Regulation by one or several air carriers, airport managing bodies and report its findings to the Commission within four months of the request.

3. 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 of [Enforcement Regulation].

4. 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.

5. The Commission may, where appropriate, adopt guidelines with a view to promote common application of this Regulation.’; [Am. 184]

‘Article 16a

Out-of-court resolution of disputes

Member States shall ensure that air passengers can submit individual disputes following complaints or requests under this Regulation to a body or bodies responsible for the out‑of‑courtout-of-court resolution of disputes. Member States shall inform the Commission of the body or bodies responsible for the handling of disputes under this Article. Member States may decide to apply this Article to disputes betweenThe participation of air carriers orand intermediaries, on the one hand, and consumers only, on the other handunder 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.’; [Am. 185]

‘Article 16aa

Compliance documents

1. Union air carriers shall prepare and submit to the national enforcement body of the Member State that issued their operating licence pursuant to Regulation (EC) No 1008/2008 and to the Commission by [1 January xxxx] a document that demonstrates in reasonable detail that their operating procedures are sufficient to ensure that they consistently comply with all relevant Articles of this Regulation.

2. The Commission may adopt implementing acts, laying down the minimum contents of such compliance documents. The minimum contents shall at least contain contingency plans for major disruptions, identify those responsible for providing assistance and other rights, the practical arrangements and procedures by which complaints are handled and assistance and compensation are provided, and procedures and templates for communication with passengers. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 16c(2).

3. Any other carrier providing services from a Union airport shall submit a compliance document to the national enforcement body s of all Member States in which they operate and to the Commission.

4. Air Carriers shall review their compliance documents and submit updated versions to the relevant national enforcement body or bodies and to the Commission every three years starting on [1 January xxxx].

5. The national enforcement body shall take account of the compliance documents submitted by air carriers, checking, where possible, the validity of compliance documents against complaints information.’; [Am. 186]

‘Article 16ab

Exercise of delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 6c and Article 7 shall be conferred on the Commission for a period of five years from ... [the date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of powers referred to in Article 6c and Article 7 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. A delegated act adopted pursuant to Article 6c and Article 7 shall enter into force only if no objection has been expressed by either the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.’; [Am. 187]

‘Article 16ac

Committee procedure

1. The Commission shall be assisted by the Passenger Rights Committee, composed of two representatives of each Member State and of which at least one will represent a national enforcement body. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.’; [Am. 188]

‘Article 17

Review and report

1. By … [5 years from the date of entry into force of this amending Regulation] and every three years thereafter, the Commission shall report to the European Parliament and the Council on the list of extraordinary circumstances set out in the Annex, in the light of the events affecting the timely and effective operation of flights having occurred during the two years preceding each report.

The report shall be accompanied, where necessary, by a legislative proposal. [Am. 189]

2.By … [5 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 the Council on the operation, enforcement, and the results of this Regulation. The Commission shall include in that report information on the enhanced protection of air passengers on flights to and from third countries operated by third country air carriers.

That report shall also include a review of the amounts set out in Article 7(1) and the percentages set out in Article 10(2), taking into consideration inter alia the evolution of air fares, the inflation rate and statistics on denied boarding, cancellations, delays and missed connecting flights imputable to air carriers, as well as statistics on downgrading, during the five preceding years. [Am. 190]

In the report to be submitted by … [5 years from the date of entry into force of this amending Regulation] pursuant to the first subparagraph, the Commission shall also assess:(a) the necessity and the feasibility of revising the scope of this Regulation with a view to further enhancing the protection of passengers and the level playing field between Union and third country air carriers, as well as connectivity aspects. In particular, the Commission shall assess the risks of conflict of jurisdictions and difficulties related to enforcement and shall recommend ways to mitigate those risks and address those difficulties; [Am. 191](b) the necessity of adjusting the thresholds set out in Article 7(2) on the basis of statistics regarding the evolution of delays and cancellations during the five years preceding the Commission assessment and every year from … [2 years from the date of entry into force of this amending Regulation]; [Am. 192](c)the feasibility of further automation of requests for or payments of compensation for delays.

The report shall be accompanied, where necessary, by legislative proposals.’;

‘(b) “Union air carrier” shall mean an air carrier with a valid operating licence granted by a Member State in accordance with the provisions of Regulation (EC) No 1008/2008 of the European Parliament and of the Council*;

________________

* Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3, ELI: http://data.europa.eu/eli/reg/2008/1008/oj).’;

‘(h) “mobility equipment” shall mean any equipment that is intended to assist persons with disabilities or persons with reduced mobility, within the meaning of Article 2, point (a), of Regulation (EC) No 1107/2006 of the European Parliament and of the Council*, with their mobility;(i)“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;(j)“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 manner as a person without an impairment or disability, and which meets accessibility requirements defined in accordance with the applicable legislation, in particular Directive (EU) 2019/882 of the European Parliament and of the Council**;(k)“intermediary” means any natural or legal person, other than a carrier, which is acting, for purposes relating to their trade, business or profession, on behalf of a carrier or a passenger for the conclusion of a transport contract;(l)“personal item” means a piece of unchecked baggage, constituting a necessary aspect of the carriage of passengers, which complies with security and safety requirements, and either with maximum dimensions of 40x30x15cm or on condition that it fits under the seat in front of the seat in which the passenger is sitting; [Am. 193](m)“hand baggage” means a piece of unchecked baggage which is not a personal item and which complies with security and safety requirements.

________________

Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air (OJ L 204, 26.7.2006, p. 1, ELI: http://data.europa.eu/eli/reg/2006/1107/oj).

** 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).’;

‘The liability of a Union air carrier in respect of passengers and their baggage shall be governed by all provisions of the Montreal Convention relevant to such liability. This includes the liability of a Union air carrier concerning passenger or baggage delay.’;

‘2. At all airports within the Union, the Union air carrier and the ground handlers acting on its behalf shall establish a service that provides passengers with complaint forms which allow them to immediately submit a complaint about damaged or delayed baggage upon arrival. Likewise, the Union air carrier shall ensure that passengers are provided with easy and user-friendly access to the complaint form referred to in this paragraph through the use of QR codes. Such QR codes shall be communicated and displayed in a clear and visible manner, including at check-in desks, airport service desks, boarding gates and on the air carrier’s website or equivalent online platform, so as to allow passengers to access the complaint form swiftly and without undue difficulty. The complaint form, which may take the form of a Property Irregularity Report (PIR), shall be accepted by the air carrier at the airport as a complaint pursuant to Article 31(2) of the Montreal Convention. This possibility shall not affect the right of the passenger to submit a complaint via other means within the deadlines prescribed by the Montreal Convention. [Am. 194]

2а. The Commission may adopt implementing acts to lay down the form of the standardised claim form. Those implementing acts shall be adopted in accordance with the advisory/examination procedure referred to in Article 6f(2).’; [Am. 195]

‘Article 3a

The supplementary sum which, in accordance with Article 22(2) of the Montreal Convention, and without prejudice to Article 6a, may be demanded by a Union air carrier when a passenger makes a special declaration of interest in delivery of their baggage at destination, shall be based on a tariff which reflects the additional costs of transport and insurance for baggage valued above the liability limit. The tariff shall be made available to passengers on request.’;

‘Article 5

1.In the case of death or injury of passengers, the Union air carrier shall without delay, and in any event not later than fifteen days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportional to the hardship suffered.

2.Without prejudice to paragraph 1, an advance payment in the case of death of passengers, shall not be less than 16 % per passenger, of the minimum amount of liability set under Article 21(1) of the Montreal Convention and by the International Civil Aviation Organization pursuant to Article 24(2) of the Montreal Convention.

3.An advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of Union air carrier liability, but is not returnable, except in the cases prescribed in Article 20 of the Montreal Convention or where the person who received the advance payment was not the person entitled to compensation.

3a. If baggage is lost, delayed or damaged, air carriers shall first compensate the passengers with whom they have concluded a contract before being able to bring any claim against the airports or service providers for the damage, for which they are not necessarily responsible.’; [Am. 196]

‘1. All air carriers shall, when selling carriage by air in the Union, provide passengers in a clear and accessible manner with comprehensive information on the applicable procedures to be followed in the event of lost, delayed or damaged baggage. Air carriers shall ensure that a summary of the main provisions governing liability for passengers and their baggage, including deadlines for filing an action for compensation and the possibility of making a special declaration for baggage, is made available to passengers at all points of sale, including sale by telephone and throughvia the Internet. In order to comply with this information requirement, Union air carriers shall use the notice contained in the Annex. Such summary or notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of this Regulation or the Montreal Convention.’; [Am. 197]

‘1a. All air carriers shall, when selling carriage by air in the Union, ensure that a summary of the main provisions governing liability for passengers and their baggage, including deadlines for filing an action for compensation and the possibility of making a special declaration for baggage, is made available to passengers at all points of sale, including sale by telephone and via the Internet. In order to comply with this information requirement, Union air carriers shall use the notice contained in the Annex. Such summary or notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of this Regulation or the Montreal Convention. The Commission is empowered to adopt delegated acts in accordance with Article 6d to adjust the amounts mentioned in the Annex, with the exception of the amount mentioned in Article 5(2), in light of a decision by the International Civil Aviation Organization pursuant to Article 24(2) of the Montreal Convention.’; [Am. 198]

‘– the right to make, free of charge, a special declaration of interest on the value of their mobility equipment where the passenger is a person with disabilities or a person with reduced mobility.’;

‘3. In the case of all carriage performed by Union air carriers, the limits indicated in accordance with the information requirements of paragraphs 1 and 2 shall be those established by this Regulation unless the Union air carrier applies higher limits by way of voluntary undertaking. In the case of all carriage performed by third country air carriers, paragraphs 1 and 2 shall apply only in relation to carriage to, from or within the Union.’;

‘4. All air carriers shall, on their mobile applications and on their websites, provide a form which allows the passenger to immediately file an online or a hardcopy complaint about damaged, delayed or lost baggage. The date of submission of the form shall be considered by the air carrier as the filing date of the complaint pursuant to Article 31(2) and 31(3) of the Montreal Convention, even if the air carrier requests further information at a later date. This paragraph shall not affect the right of the passenger to submit a complaint through other means within the deadlines given by the Montreal Convention.

5.All information provided pursuant to this Article, and complaint forms, shall be in an accessible format and made available also to persons who do not use digital tools.

6.All information obligations pursuant to this Article shall also apply to intermediaries, when selling carriage by air to, from or within the Union.’;

‘Article 6a

1.Whenever carrying checked-in mobility equipment or recognised assistance dogs, the Union air carrier shall make passengers aware of their rights and ensure that each person with disabilities or person with reduced mobility is offered the option to make a special declaration of interest in delivery at destination, in an accessible format, pursuant to Article 22(2) of the Montreal Convention, at booking, at the same time as the notification pursuant to Article 6 of Regulation (EC) No 1107/2006, and at the latest when the equipment is handed over to the air carrier and, in the case of a recognised assistance dog, at boarding. In that case, the Union air carrier shall not charge the passengers concerned an additional fee. The Commission shall adopt implementing acts laying down the model form to be used for such a declaration of interest. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article [6f(2]). Where the equipment is destroyed, lost, damaged or delayed, or in the case of the death of, or injury to, a recognised assistance dog, the Union air carrier may require proof of the cost of replacement, including temporary replacement, of the mobility equipment or the recognised assistance dog from the person with disabilities or person with reduced mobility to support the amount declared in the special declaration of interest. [Am. 199]

When selling carriage by air on behalf of the Union air carrier, intermediaries shall make passengers aware of their rights and offer the passengers concerned the option to make a special declaration of interest, in an accessible format, pursuant to Article 22(2) of the Montreal Convention, at booking and at the same time as the notification pursuant to Article 6 of Regulation (EC) No 1107/2006. This special declaration of interest shall be given under the same conditions as set out in the first subparagraph. The intermediary shall transmit the declaration to the Union air carrier as soon as possible. [Am. 200]

2.In the case of destruction, loss, damage or delay in the carriage of checked mobility equipment or in case of death of or injury to a recognised assistance dog, the Union air carrier shall be liable to pay a sum not exceeding the sum declared by the passenger; unless it proves that the sum claimed is greater than the person’s actual interest in delivery at destination.

3.Where paragraph 2 applies, and without prejudice to Articles 7, 8 and Annex I, fourth subparagraph, of Regulation (EC) No 1107/2006, the Union air carriers shall rapidly make all reasonable efforts to provide immediately needed temporary replacements for checked mobility equipment and temporary solutions in replacement of recognised assistance dogs. The person with disabilities or the person with reduced mobility shall be permitted to keep that temporary replacement free of charge until the compensation referred to in paragraph 2 has been paid or until the Union air carriers have compensated the legal or natural persons for the costs of needed temporary replacement of mobility equipment or of a recognised assistance dog.

4.Compliance with paragraph 3 shall not constitute a recognition of liability of the Union air carrier.

Article 6aa

1. The national enforcement body designated under Article 16 of Regulation (EC) No 261/2004 shall ensure compliance with this Regulation. For this purpose, it shall monitor:a) the terms and conditions of air transport contracts;b) the systematic offer of a special declaration of interest for checked mobility equipment, and of an appropriate level of compensation in case of damage caused to mobility equipment;c) the payment of an advance payment under Article 5(1) when applicable;d) the application of Article 6.

2. For the purpose of monitoring the protection of passengers with reduced mobility and disabled passengers in case of damage to their mobility equipment or assistive devices, the national enforcement body shall also examine and take account of the information on complaints concerning mobility equipment submitted to the bodies designated under Article 16a of Regulation (EC) No 261/2004.

3. The sanctions laid down by Member States for infringements of this Regulation shall be effective, proportionate and dissuasive.

4. In their annual reports pursuant to Article 16(6) of Regulation (EC) No 261/2004, the National Enforcement Bodies shall also publish statistics on their activity and on the sanctions applied with regard to the application of this Regulation. [Am. 201]

Article 6b

1.Without prejudice to Regulation (EC) No 1008/2008, when selling carriage by air to, from or within the Union, all air carriers and intermediaries shall clearly indicate in an accessible format at booking, as well as on their mobile applications and on their website, and furthermore, in the case of air carriers, make available on request at the airport (including at self-service check-in machines):– the maximum baggage allowance in terms of dimension and weight that passengers are permitted to carry within the cabin, and in the hold of the aircraft, corresponding to the fare for the class of transport for each of the flights included within a passenger’s reservation;– any restrictions on the number of items that would be applied within a given maximum baggage allowance;– the conditions under which fragile or valuable items, such as musical instruments, sports equipment, children’s pushchairs and infant seats shall be transported in the passenger cabin or in the cargo hold of the aircraft;– without prejudice to paragraph 2, potential additional charges applied for the carriage of checked and unchecked baggage, including musical instruments referred to in Article 6c,– the specific reasons which may preclude the carriage in the cabin of unchecked baggage pursuant to paragraph 3.

Core travel services and additional charges must be clearly identifiable and capable of being purchased separately from each other. [Am. 202]

If hand baggage is moved from the cabin of the aircraft to its hold before boarding or take-off, it must be returned to passengers as they disembark the aircraft, as hand baggage. [Am. 203]

2.Without prejudice to Regulation (EC) No 1107/2006, air carriers shall permit passengers to carry a personal item and hand baggage within the maximum dimensions of 100 cm (sum of length, width, and height) in the cabin and at no extra cost in accordance with (EC) No 261/2004. Carry-on baggage allowances may be expressed in maximum dimensions or maximum weights of the total carry-on allowance per passenger, or both, but without any restriction on the specific number of items carried. [Am. 204]

3.Where specific reasons, such as safety reasons, capacity reasons or a change of the aircraft type since the reservation was made, preclude the carriage in the cabin of a personal item referred to in paragraph 2 or of hand baggage, the air carrier may carry that unchecked baggage in the hold of the aircraft, but at no further cost to the passenger.

4.Paragraphs 2 and 3 shall apply to all air carriers departing from an airport located in the territory of a Member State to which the Treaties apply and to all Union air carriers arriving in the territory of a Member State to which the Treaties apply. [Am. 205]

5.This Article does not affect the restrictions on unchecked baggage established by Union rules such as those laid down in Regulation (EC) No 300/2008 of the European Parliament and of the Council*and Commission Implementing Regulation (EU) 2015/1998** and by international security and safety rules.

Article 6c

1.A Union air carrier shall permit a passenger to carry a musical instrument in the passenger cabin of an aircraft subject to applicable security and safety rules and the technical specifications and constraints of the aircraft concerned. Musical instruments shall be accepted for carriage within an aircraft cabin provided that those instruments can be stowed safely in a suitable baggage compartment within the cabin or under an appropriate passenger seat. An air carrier may determine thatWhen accepted for carriage within the aircraft cabin, a musical instrument shall form part of a passenger’s uncheckedhand baggage allowance and shall not. The air carrier may determine that additional charges are to apply for hand baggage to be carried in addition to that allowance. [Am. 206]

2.Subject to applicable security and safety rules, Where a musical instrument is too large to be stowed safely in a suitable baggage compartment within the cabin or under an appropriate passenger seat, an air carrier may request the payment of a second fare where such musical instruments are carried as uncheckedhand baggage on a second seat. Furthermore, passengers may be required to select and purchase adjacent seats for bothSuch additional fare shall not be subject to the payment of the relevant airport departure tax. Where a second seat is purchased an air carrier shall make reasonable efforts to seat the passenger and the musical instrument, one always being a window seat for the musical instrument. Where available and if requested, musical instruments shall be carried in a heated part of an aircraft cargo hold subject to applicable safety rules, space constraints and the technical specifications of the aircraft concerned together. [Am. 207]

2a. Where space is available and if requested, musical instruments shall be carried in a heated part of an aircraft cargo hold, subject to applicable safety rules, space constraints and the technical specifications of the aircraft concerned. Air carriers shall provide special tags for clear display on musical instruments to ensure that they are handled with the necessary care. Only instruments that are properly packaged in a rigid and/or hard-shell container specifically designed for such items shall be allowed to be carried as aircraft cargo. [Am. 208]

2b. An air carrier shall clearly indicate at booking and in its terms and conditions the basis on which musical instruments will be transported, including the applicable charges, the facilities for the carriage of musical instruments that are available on the aircraft concerned and the dimensions of these facilities. Where a second seat needs to be booked, passengers shall be offered the possibility of booking that second seat online. [Am. 209]

Article 6d

1. The Commission shall be assisted by the Passengers Rights Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. [Am. 210]

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* Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97, 9.4.2008, p. 72, ELI: http://data.europa.eu/eli/reg/2008/300/oj).

** Commission Implementing Regulation (EU) 2015/1998 of 5 November 2015 laying down detailed measures for the implementation of the common basic standards on aviation security (OJ L 299, 14.11.2015, p. 1, ELI: http://data.europa.eu/eli/reg_impl/2015/1998/oj).’;

‘Article 7

The Commission shall report to the European Parliament and the Council by … [5three years from the date of entry into force of this amending Regulation] on the operation and the results of this Regulation. The report shall be accompanied, where necessary, by legislative proposal.’; [Am. 211]