Regulation 2002/889 - Amendment of Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents - Main contents

official title

 

Legal instrument	Regulation
Number legal act	Regulation 2002/889
Original proposal	COM(2000)340
CELEX number i	32002R0889

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Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents (Text with EEA relevance)

Official Journal L 140 , 30/05/2002 P. 0002 - 0005

Regulation (EC) No 889/2002 of the European Parliament and of the Council

of 13 May 2002

amending Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents

(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(1),

Having regard to the opinion of the Economic and Social Committee(2),

Following consultation of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),

Whereas:

• (1) 

  In the framework of the common transport policy, it is important to ensure a proper level of compensation for passengers involved in air accidents.

• (2) 

  A new Convention for the Unification of Certain Rules Relating to International Carriage by Air was agreed at Montreal on 28 May 1999 setting new global rules on liability in the event of accidents for international air transport replacing those in the Warsaw Convention of 1929 and its subsequent amendments(4).

• (3) 

  The Warsaw Convention will continue to exist alongside the Montreal Convention for an indefinite period.

• (4) 

  The Montreal Convention provides for a regime of unlimited liability in the case of death or injury of air passengers.

• (5) 

  The Community has signed the Montreal Convention indicating its intention to become a party to the agreement by ratifying it.

• (6) 

  It is necessary to amend Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents(5) in order to align it with the provisions of the Montreal Convention, thereby creating a uniform system of liability for international air transport.

• (7) 

  This Regulation and the Montreal Convention reinforce the protection of passengers and their dependants and cannot be interpreted so as to weaken their protection in relation to the present legislation on the date of adoption of this Regulation.

• (8) 

  In the internal aviation market, the distinction between national and international transport has been eliminated and it is therefore appropriate to have the same level and nature of liability in both international and national transport within the Community.

• (9) 

  In compliance with the principle of subsidiarity, action at Community level is desirable in order to create a single set of rules for all Community air carriers.

• (10) 

  A system of unlimited liability in case of death or injury to passengers is appropriate in the context of a safe and modern air transport system.

• (11) 

  The Community air carrier should not be able to avail itself of Article 21(2) of the Montreal Convention unless it proves that the damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents.

• (12) 

  Uniform liability limits for loss of, damage to, or destruction of, baggage and for damage occasioned by delay, which apply to all travel on Community carriers, will ensure simple and clear rules for both passengers and airlines and enable passengers to recognise when additional insurance is necessary.

• (13) 

  It would be impractical for Community air carriers and confusing for their passengers if they were to apply different liability regimes on different routes across their networks.

• (14) 

  It is desirable to relieve accident victims and their dependants of short-term financial concerns in the period...

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