Regulation 2009/80 - Code of Conduct for computerised reservation systems - Main contents
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official title
Regulation (EC) No 80/2009 of the European Parliament and of the Council of 14 January 2009 on a Code of Conduct for computerised reservation systems and repealing Council Regulation (EEC) No 2299/89| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2009/80 |
| Original proposal | COM(2007)709  |
| CELEX number i | 32009R0080 |
| Document | 14-01-2009 |
|---|---|
| Publication in Official Journal | 04-02-2009; OJ L 35, 4.2.2009,Special edition in Croatian: Chapter 07 Volume 010 |
| Effect | 29-03-2009; Entry into force See Art 19 |
| End of validity | 31-12-9999 |
4.2.2009 |
EN |
Official Journal of the European Union |
L 35/47 |
REGULATION (EC) No 80/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 14 January 2009
on a Code of Conduct for computerised reservation systems and repealing Council Regulation (EEC) No 2299/89
(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 Articles 71 and 80(2) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Having regard to the opinion of the European Data Protection Supervisor (2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
Whereas:
(1) |
Council Regulation (EEC) No 2299/89 of 24 July 1989 on a code of conduct for computerised reservation systems (4) has made a major contribution to ensuring fair and unbiased conditions for air carriers in a computerised reservation system (hereinafter CRS), thereby protecting the interests of consumers. |
(2) |
An important share of airline reservations is still made through CRSs. |
(3) |
Technological and market developments allow for a substantial simplification of the legislative framework by giving more flexibility to system vendors and air carriers to negotiate booking fees and fare content. This should allow them to adapt in a flexible way to the needs and requests of travel agents and consumers and to distribute more efficiently their transport products. |
(4) |
In the present market context it remains necessary nonetheless to maintain certain provisions on CRSs, in so far as they contain transport products, in order to prevent abuse of competition and to ensure the supply of neutral information to consumers. |
(5) |
The refusal by parent carriers to provide the same information on schedules, fares and availability to systems other than their own and to accept bookings made by those systems can seriously distort competition between CRSs. |
(6) |
It is necessary to maintain effective competition between participating carriers and parent carriers and ensure respect for the principle of non-discrimination among air carriers irrespective of their participation in the CRS. |
(7) |
In order to ensure transparent and comparable terms of competition in the market, parent carriers should be subject to specific rules. |
(8) |
System vendors should clearly separate the CRSs from any airline’s internal or any other kind of reservation system and should refrain from reserving distribution facilities to their parent carriers, in order to avoid that a parent carrier could have privileged access to the CRSs. |
(9) |
In order to protect consumers’ interests, it is necessary to present an unbiased initial display to users of a CRS and to ensure that information on all participating carriers is equally accessible in order not to favour one participating carrier over another. |
(10) |
The use of an unbiased display increases the transparency of transport products and services offered by participating carriers and enhances consumer confidence. |
(11) |
System vendors should ensure that CRS marketing data is available to all participating carriers without discrimination, and transport providers should not be able to use such data in order to unduly influence the choice of the travel agent or the choice of the consumer. |
(12) |
Agreements between subscribers and the system vendor on the Marketing Information Data Tapes (MIDT) could include a compensation scheme in favour of subscribers. |
(13) |
The provision of... |
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