Regulation 2004/261 - 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 - Commission Statement

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Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. 32004R0261
  6. Original proposal
  7. Sources and disclaimer
  8. Full version
  9. EU Monitor

1.

Current status

This regulation has been published on February 17, 2004 and entered into force on February 17, 2005.

2.

Key information

official title

Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 - Commission Statement
 
Legal instrument Regulation
Number legal act Regulation 2004/261
Original proposal COM(2001)784 EN
CELEX number31 32004R0261

3.

Key dates

Document 11-02-2004
Publication in Official Journal 17-02-2004; Special edition in Romanian: Chapter 07 Volume 012,Special edition in Slovenian: Chapter 07 Volume 008,OJ L 46, 17.2.2004,Special edition in Polish: Chapter 07 Volume 008,Special edition in Hungarian: Chapter 07 Volume 008,Special edition in Bulgarian: Chapter 07 Volume 012,Special edition in Croatian: Chapter 07 Volume 026,Special edition in Slovak: Chapter 07 Volume 008,Special edition in Maltese: Chapter 07 Volume 008,Special edition in Lithuanian: Chapter 07 Volume 008,Special edition in Latvian: Chapter 07 Volume 008,Special edition in Estonian: Chapter 07 Volume 008,Special edition in Czech: Chapter 07 Volume 008
Effect 17-02-2005; Entry into force See Art 19
End of validity 31-12-9999

4.

Legislative text

Avis juridique important

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5.

32004R0261

Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (Text with EEA relevance) - Commission Statement

Official Journal L 046 , 17/02/2004 P. 0001 - 0008

Regulation (EC) No 261/2004 of the European Parliament and of the Council

of 11 February 2004

establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91

(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 European Economic and Social Committee(2),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3), in the light of the joint text approved by the Conciliation Committee on 1 December 2003,

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(4) 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.
  • (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...

More

This text has been adopted from EUR-Lex.

6.

Original proposal

 

7.

Sources and disclaimer

For further information you may want to consult the following sources that have been used to compile this dossier:

This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.

 

8.

Full version

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9.

EU Monitor

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  • 1. 
    Communication from the Commission to the European Parliament and the Council. Protection of air passengers in the European Union. COM(2000) 365 final, 21.6.2000.

     
  • 2. 
    Council Regulation (EEC) No. 295/91 of 4 February 1991 establishing common rules for a denied boarding compensation system in scheduled air transport. OJ L 36, 8.2.1991, page 5.

     
  • 3. 
    Proposal for a Council Regulation (EC) amending Regulation (EEC) No. 295/91 establishing common rules for a denied-boarding compensation system in scheduled air transport. COM(1998) 41 final, 30.1.1998.

     
  • 4. 
    Amended proposal for a Council Regulation (EC) amending Regulation (EEC) No. 295/91 establishing common rules for a denied boarding compensation system in scheduled air transport. COM(1998) 580 final, 19.10.1998.

     
  • 5. 
    Council Regulation (EEC) No. 295/91, see above.

     
  • 6. 
    Council Regulation (EC) No. 2027/97 of 9 October 1997 on air carrier liability in the event of accidents. OJ L 285, 17.10.1997, p. 1.

     
  • 7. 
    Council Directive 90/314/EEC of 13 June on package travel, package holidays and package tours. OJ L 158, 23.6.1990, p. 59.

     
  • 8. 
    Council Regulation (EEC) No. 295/91 of 4 February 1991 establishing common rules for a denied boarding compensation system in scheduled air transport. OJ L 36, 8.2.1991, page 5.

     
  • 9. 
    OJ C ..., ..., p. ...

     
  • 10. 
    OJ C ..., ..., p. ...

     
  • 11. 
    OJ C ..., ..., p. ...

     
  • 12. 
    OJ C ..., ..., p. ...

     
  • 13. 
    OJ L 36, 8.2.1991, p. 5.

     
  • 14. 
    OJ L 240, 24.8.1992, p. 8.

     
  • 15. 
    OJ L 158, 23.6.1990, p. 59.

     
  • 16. 
    Communication from the Commission to the European Parliament and the Council. Protection of air passengers in the European Union. COM(2000) 365 final, 21.6.2000.

     
  • 17. 
    Council Regulation (EEC) No. 295/91 of 4 February 1991 establishing common rules for a denied boarding compensation system in scheduled air transport. OJ L 36, 8.2.1991, page 5.

     
  • 18. 
    Proposal for a Council Regulation (EC) amending Regulation (EEC) No. 295/91 establishing common rules for a denied-boarding compensation system in scheduled air transport. COM(1998) 41 final, 30.1.1998.

     
  • 19. 
    Amended proposal for a Council Regulation (EC) amending Regulation (EEC) No. 295/91 establishing common rules for a denied boarding compensation system in scheduled air transport. COM(1998) 580 final, 19.10.1998.

     
  • 20. 
    Council Regulation (EEC) No. 295/91, see above.

     
  • 21. 
    Council Regulation (EC) No. 2027/97 of 9 October 1997 on air carrier liability in the event of accidents. OJ L 285, 17.10.1997, p. 1.

     
  • 22. 
    Council Directive 90/314/EEC of 13 June on package travel, package holidays and package tours. OJ L 158, 23.6.1990, p. 59.

     
  • 23. 
    Council Regulation (EEC) No. 295/91 of 4 February 1991 establishing common rules for a denied boarding compensation system in scheduled air transport. OJ L 36, 8.2.1991, page 5.

     
  • 24. 
    OJ C ..., ..., p. ...

     
  • 25. 
    OJ C ..., ..., p. ...

     
  • 26. 
    OJ C ..., ..., p. ...

     
  • 27. 
    OJ C ..., ..., p. ...

     
  • 28. 
    OJ L 36, 8.2.1991, p. 5.

     
  • 29. 
    OJ L 240, 24.8.1992, p. 8.

     
  • 30. 
    OJ L 158, 23.6.1990, p. 59.

     
  • 31. 
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  • 32. 
    EUR-lex provides an overview of the proposal, amendments, citations and legality.