Re-examined proposal for a Council Regulation (EC) on air carrier liability in the event of accidents
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 04. 07. 1997 COM(97) 359 final 95/0359 (SYN) Re-examined proposal for a COUNCIL REGULATION (EC) on air carrier liability in the event of accidents (presented by the Commission pursuant to Article 189 c (d) of the EC Treaty) Explanatory memorandum During the plenary session on 29 May 1997 the European Parliament approved at second reading the common position adopted by the Council on 24 February 1997 relating to air carrier liability in the event of accidents. ' The European Parliament also adopted some amendments to the text put forward. The Commission has accepted all the amendments. It accepted amendments related to recital 13 and article 7 since it seeks to achieve that third country carriers apply the same levels of liability as Community airlines while operating to/from or within the Community. It also accepted amendments concerning article 6 since they abolish the need for several different notices (EU, Warsaw, US where appropriate) attached to the ticket, a system which is burdensome and may confuse the passenger. At the same time they confirm the right of information through the carrier's conditions of carriage, which shall be available to the passenger and which also contain other information of interest to him. i i i i OJNoC123, 21. 4. 1997, p. 89 Re-examined proposal for a COUNCIL REGULATION (EC) on air carrier liability in the event of accidents in the framework of Whereas, common transport policy, it is necessary to improve the level of protection of passengers involved in air accidents; the Unchanged Whereas the rules on liability in the event Unchanged the of accidents are governed by Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929, or that Convention as amended at the Hague on 28 September 1955 and the Convention done at Guadalajara on 18 September 1961, whichever may be applicable each being hereafter referred the "Warsaw to, as applicable, as Convention"; whereas the Warsaw Convention is applied world-wide for the benefit of both passengers and air carriers; lengthy the Whereas the limit set on liability by the Unchanged Warsaw Convention is too low by today's economic and social standards and often legal actions which to lead damage transport; whereas as a result Member States have variously limit, thereby leading to different terms and conditions of carriage in the internal aviation market; increased the liability image of air the Warsaw Unchanged in in the Whereas addition Convention applies only to international internal transport; whereas, aviation market, the distinction between national and international transport has been eliminated; whereas it is therefore appropriate to have the same level and nature of liability in both national and international transport; Whereas a full review and revision of the Unchanged Warsaw Convention is long overdue and would represent, in the long term, a more uniform and applicable response, at an international level, to the issue of air carrier liability in the event of accidents; whereas efforts to increase the limits of the Warsaw in liability Convention through should continue negotiation at multilateral level; imposed the Unchanged compliance with subsidiarity, Whereas, in principle of action at Community level is desirable in order to achieve harmonisation in the field of air liability and could serve as carrier guideline passenger improved for protection on a global scale; Whereas it is appropriate to remove all Unchanged monetary limits of liability within the meaning of Article 22(1) of the Warsaw Convention or any other legal or contractual limits, in accordance with present trends at international level; Whereas, in order to avoid situations Unchanged where victims of accidents are not compensated, Community air carriers should not, with respect to any claims arising out of death, wounding or other bodily injury of a passenger under Article 17 of the Warsaw Convention, avail themselves of any defence under Article 20(1) of the Warsaw Convention up to a certain limit Whereas Community air carriers may be Unchanged exonerated from their liability in cases of contributory negligence of the passenger concerned; Whereas it is necessary to clarify the Unchanged obligations of this Regulation in the light cf Article 7 of Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers2; whereas, in this regard, Community air carriers should not be insured up to a certain limit laid down in this Regulation; Whereas Community air carriers should Unchanged always be entitled to claim against third parties; Whereas prompt advance payments can Unchanged considerably assist the injured passenger cr to persons compensation in meeting the immediate costs following an air accident; entitled natural Whereas the rules on the nature and Unchanged limitation of liability in the event of death, wounding or any other bodily injure suffered by a passenger from part of the terms and conditions of carriage in the air transport contract between carrier to and passenger; whereas, reduce the risk of distorting competition, third-country carriers should adequately inform passengers of their conditions of carriage; in order similar whereas, in addition, it is desirable that this provisions Regulation be applied by all carriers operating the Community; from or within those to. in to 2 OJ No L 240, 24. 8. 1992, P. 1 Whereas it is appropriate and necessary that the monetary limits expressed in this Regulation be reviewed in order to take into account economic developments and development in international fora; Unchanged Unchanged (ICAO) Whereas the International civil Aviation is at present Organisation engaged in a review of the Warsaw Convention; whereas, the outcome of such review, actions on an interim basis by the Community will enhance the protection of passengers; whereas the Council should review this Regulation as soon as possible after the review by ICAO, pending Article 6 1. The provisions contained in Articles 3 Unchanged and 5 shall be included in the Community air carrier's condition of carriage. Adequate information on request, be available 2. the 2. The liability regime applied by an air provisions contained in Articles 3 and 5 carrier shall be clearly set out in its to conditions of carriage and shall be made shall, on passengers at the Community air carrier's available to passengers at the air carrier's agencies, travel agencies and check-in agencies, check-in counters and at points of sale. The ticket counters and points of sale. document or an equivalent shall contain a summary of the requirements in plain and intelligible language. agencies, travel 3. The ticket document or an equivalent shall refer to the liability regime and. make clear where the detailed conditions of carriage can be obtained. 3. Air carriers established outside the Community operating to, from or within the Community and not applying the provisions referred to in Articles 3 and 5 shall expressly and clearly inform the passengers thereof, at the time of the purchase of the ticket at the carrier's travel agencies or check-in agencies, counters located in the territory of a Member State. Air carriers shall provide the passengers with a form setting out their conditions. The fact that only a liability limit is indicated on the ticket document or an equivalent shall not constitute sufficient information. Article 7 a (new) Whenever conducts the Commission negotiations on civil aviation on behalf of the Community with third countries whose carriers are not already subiect to level of liability similar to those outlined in to incorporate the provisions of Article 3 and 5 of this Regulation. this Regulation, it shall seek ISSN 0254-1475 COM(97) 359 final DOCUMENTS EN 07 m Catalogue number : CB-CO-97-349-EN-C ISBN 92-78-22455-3 Office for Official Publications of the European Communities L-2985 Luxembourg