РЕГЛАМЕНТ (ЕС) N 261/2004 ЕВРОПЕЙСКОГО ПАРЛАМЕНТА И СОВЕТА ОБ УСТАНОВЛЕНИИ ОБЩИХ ПРАВИЛ В ОБЛАСТИ КОМПЕНСАЦИИ И СОДЕЙСТВИЯ ПАССАЖИРАМ В СЛУЧАЕ ОТКАЗА В ПОСАДКЕ, ОТМЕНЫ ИЛИ ДЛИТЕЛЬНОЙ ЗАДЕРЖКИ АВИАРЕЙСА И ОБ ОТМЕНЕ РЕГЛАМЕНТА (ЕЭС) N 295/91. Регламент. Европейский Союз. 11.02.04 261/2004

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REGULATION (EC) No 261/2004
      OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ESTABLISHING
      COMMON RULES ON COMPENSATION AND ASSISTANCE TO PASSENGERS
         IN THE EVENT OF DENIED BOARDING AND OF CANCELLATION
               OR LONG DELAY OF FLIGHTS, AND REPEALING
                      REGULATION (EEC) No 295/91

                       (Strasbourg, 11.II.2004)

                      (Text with EEA relevance)

     The European Parliament and the Council of the European Union,
     Having  regard to the Treaty establishing the European Community,
and in particular Article 80 (2) thereof,
     Having regard to the proposal from the Commission <*>,
--------------------------------
     <*>  OJ  C  103 E, 30.4.2002, p. 225 and OJ C 71 E, 25.3.2003, p.
188.

     Having  regard to the opinion of the European Economic and Social
Committee <*>,
--------------------------------
     <*> OJ C 241, 7.10.2002, p. 29.

     After consulting the Committee of the Regions,
     Acting  in accordance with the procedure laid down in Article 251
of  the  Treaty  <*>,  in  the light of the joint text approved by the
Conciliation Committee on 1 December 2003,
--------------------------------
     <*>  Opinion  of the European Parliament of 24 October 2002 (OJ C
300  E,  11.12.2003, p. 443), Council Common Position of 18 March 2003
(OJ C 125 E, 27.5.2003, p. 63) and Position of the European Parliament
of  3  July 2003. Legislative Resolution of the European Parliament of
18 December 2003 and Council Decision of 26 January 2004.

     Whereas:
     (1)  Action by the Community in the field of air transport should
aim,  among  other  things, at ensuring a high level of protection for
passengers. Moreover, full account should be taken of the requirements
of consumer protection in general.
     (2)  Denied  boarding  and  cancellation or long delay of flights
cause serious trouble and inconvenience to passengers.
     (3)  While  Council Regulation (EEC) No 295/91 of 4 February 1991
establishing common rules for a denied boarding compensation system in
scheduled  air  transport <*> created basic protection for passengers,
the  number  of  passengers denied boarding against their will remains
too high, as does that affected by cancellations without prior warning
and that affected by long delays.
--------------------------------
     <*> OJ L 36, 8.2.1991, p. 5.

     (4)  The  Community  should  therefore  raise  the  standards  of
protection  set  by  that  Regulation both to strengthen the rights of
passengers  and  to  ensure that air carriers operate under harmonised
conditions in a liberalised market.
     (5) Since the distinction between scheduled and non-scheduled air
services  is weakening, such protection should apply to passengers not
only  on  scheduled but also on non-scheduled flights, including those
forming part of package tours.
     (6)  The  protection  accorded  to  passengers  departing from an
airport  located in a Member State should be extended to those leaving
an  airport  located  in  a third country for one situated in a Member
State, when a Community carrier operates the flight.
     (7)  In  order  to  ensure  the  effective  application  of  this
Regulation,  the  obligations  that  it  creates  should rest with the
operating  air  carrier  who  performs or intends to perform a flight,
whether  with  owned aircraft, under dry or wet lease, or on any other
basis.
     (8)  This  Regulation  should  not  restrict  the  rights  of the
operating  air carrier to seek compensation from any person, including
third parties, in accordance with the law applicable.
     (9)  The  number of passengers denied boarding against their will
should  be reduced by requiring air carriers to call for volunteers to
surrender  their  reservations,  in  exchange for benefits, instead of
denying  passengers  boarding, and by fully compensating those finally
denied boarding.
     (10) Passengers denied boarding against their will should be able
either  to  cancel their flights, with reimbursement of their tickets,
or  to  continue  them  under  satisfactory  conditions, and should be
adequately cared for while awaiting a later flight.
     (11) Volunteers should also be able to cancel their flights, with
reimbursement  of  their  tickets, or continue them under satisfactory
conditions,  since  they  face difficulties of travel similar to those
experienced by passengers denied boarding against their will.
     (12)  The  trouble  and  inconvenience  to  passengers  caused by
cancellation  of  flights  should  also  be  reduced.  This  should be
achieved  by  inducing  carriers to inform passengers of cancellations
before  the  scheduled time of departure and in addition to offer them
reasonable   re-routing,   so  that  the  passengers  can  make  other
arrangements.  Air  carriers should compensate passengers if they fail
to  do  this,  except  when  the  cancellation occurs in extraordinary
circumstances which could not have been avoided even if all reasonable
measures had been taken.
     (13) Passengers whose flights are cancelled should be able either
to obtain reimbursement of their tickets or to obtain re-routing under
satisfactory  conditions,  and  should  be  adequately cared for while
awaiting a later flight.
     (14)  As  under the Montreal Convention, obligations on operating
air carriers should be limited or excluded in cases where an event has
been  caused  by extraordinary circumstances which could not have been
avoided   even  if  all  reasonable  measures  had  been  taken.  Such
circumstances   may,  in  particular,  occur  in  cases  of  political
instability, meteorological conditions incompatible with the operation
of  the  flight  concerned,  security  risks, unexpected flight safety
shortcomings and strikes that affect the operation of an operating air
carrier.
     (15)  Extraordinary circumstances should be deemed to exist where
the  impact  of  an  air  traffic management decision in relation to a
particular aircraft on a particular day gives rise to a long delay, an
overnight  delay,  or  the cancellation of one or more flights by that
aircraft,  even  though  all reasonable measures had been taken by the
air carrier concerned to avoid the delays or cancellations.
     (16) In cases where a package tour is cancelled for reasons other
than the flight being cancelled, this Regulation should not apply.
     (17)  Passengers  whose  flights are delayed for a specified time
should  be  adequately  cared  for  and should be able to cancel their
flights  with reimbursement of their tickets or to continue them under
satisfactory conditions.
     (18)  Care  for  passengers  awaiting an alternative or a delayed
flight  may  be limited or declined if the provision of the care would
itself cause further delay.
     (19)  Operating  air  carriers  should  meet the special needs of
persons with reduced mobility and any persons accompanying them.
     (20)  Passengers  should be fully informed of their rights in the
event of denied boarding and of cancellation or long delay of flights,
so that they can effectively exercise their rights.
     (21)  Member States should lay down rules on sanctions applicable
to  infringements of the provisions of this Regulation and ensure that
these  sanctions  are  applied.  The  sanctions  should  be effective,
proportionate and dissuasive.
     (22) Member States should ensure and supervise general compliance
by   their   air  carriers  with  this  Regulation  and  designate  an
appropriate  body to carry out such enforcement tasks. The supervision
should  not  affect  the rights of passengers and air carriers to seek
legal redress from courts under procedures of national law.
     (23)  The  Commission  should  analyse  the  application  of this
Regulation   and  should  assess  in  particular  the  opportunity  of
extending  its  scope  to all passengers having a contract with a tour
operator  or  with  a  Community  carrier, when departing from a third
country airport to an airport in a Member State.
     (24)  Arrangements  for  greater  cooperation  over  the  use  of
Gibraltar  airport  were  agreed  in  London on 2 December 1987 by the
Kingdom  of Spain and the United Kingdom in a joint declaration by the
Ministers  of  Foreign Affairs of the two countries. Such arrangements
have yet to enter into operation.
     (25) Regulation (EEC) No 295/91 should accordingly be repealed,
     Have adopted this regulation:

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