Фрагмент документа "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".
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:
|
Фрагмент документа "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".