Article 2
Regulation (EC) No 2027/97 is amended as follows: (1) in Article 2, paragraph 1 is amended as follows: (a) point (b) is replaced by the following: ‘(b) “Union air carrier” shall mean an air carrier with a valid operating licence granted by a Member State in accordance with the provisions of Regulation (EC) No 1008/2008 of the European Parliament and of the Council ( *10 ) ; ( *10 ) Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community ( OJ L 293, 31.10.2008, p. 3 , ELI: http://data.europa.eu/eli/reg/2008/1008/oj ).’;" (b) the following points are added: ‘(h) “mobility equipment” shall mean any equipment that is intended to assist persons with disabilities or persons with reduced mobility, within the meaning of Article 2, point (a), of Regulation (EC) No 1107/2006 of the European Parliament and of the Council ( *11 ) , with their mobility; (i) “recognised assistance dog” shall mean a dog specifically trained to increase independence and self-determination of persons with disabilities, officially recognised in accordance with applicable national rules, where such rules exist; (j) “accessible format” shall mean a format that gives a person with disabilities or a person with reduced mobility access to any relevant information, including by providing that person with access in as feasible and as comfortable a manner as a person without an impairment or disability, and which meets accessibility requirements defined in accordance with the applicable legislation, in particular Directive (EU) 2019/882 of the European Parliament and of the Council ( *12 ) ; (k) “intermediary” shall mean any natural or legal person, other than an air carrier, which is acting, for purposes relating to their trade, business or profession, on behalf of an air carrier or a passenger for the conclusion of a transport contract. ( *11 ) Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air ( OJ L 204, 26.7.2006, p. 1 , ELI: http://data.europa.eu/eli/reg/2006/1107/oj )." ( *12 ) Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services ( OJ L 151, 7.6.2019, p. 70 , ELI: http://data.europa.eu/eli/dir/2019/882/oj ).’;" (2) Article 3 is replaced by the following: ‘Article 3 1. The liability of a Union air carrier in respect of passengers and their baggage shall be governed by all provisions of the Montreal Convention relevant to such liability. This includes the liability of a Union air carrier concerning passengers or baggage delays. 2. The obligation to have insurance as set out in Article 6 of Regulation (EC) No 785/2004 of the European Parliament and of the Council ( *13 ) and Article 11 of Regulation (EC) No 1008/2008 as far as it relates to liability for passengers shall be understood as requiring that a Union air carrier shall be insured up to a level that is adequate to ensure that all persons entitled to compensation receive the full amount of compensation to which they are entitled in accordance with this Regulation. ( *13 ) Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators ( OJ L 138, 30.4.2004, p. 1 , ELI: http://data.europa.eu/eli/reg/2004/785/oj )’;" (3) Article 3a is replaced by the following: ‘Article 3a The supplementary sum which, in accordance with Article 22(2) of the Montreal Convention, and without prejudice to Article 6a of this Regulation, may be demanded by an air carrier when a passenger makes a special declaration of interest in delivery of their baggage at destination (the “special declaration of interest”), shall, for Union air carriers, be based on a tariff which reflects the additional costs of transport and insurance for baggage valued above the liability limit. The tariff shall be made available to passengers on request.’ ; (4) Article 5 is replaced by the following: ‘Article 5 1. In the case of death or injury of passengers, the Union air carrier shall without delay, and in any event not later than 15 days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportional to the hardship suffered. 2. Without prejudice to paragraph 1 of this Article, an advance payment in the case of death of passengers, shall not be less than 16 % per passenger, of the minimum amount of liability set under Article 21(1) of the Montreal Convention and by the International Civil Aviation Organization pursuant to Article 24(2) of the Montreal Convention. 3. An advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of Union air carrier liability, but is not returnable, except in the cases prescribed in Article 20 of the Montreal Convention or where the person who received the advance payment was not the person entitled to compensation.’ ; (5) Article 6 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. All air carriers shall, when selling carriage by air in the Union, provide passengers in a clear and accessible manner with comprehensive information on the applicable procedures to be followed in the event of lost, delayed or damaged baggage. Air carriers shall ensure that a summary of the main provisions governing liability for passengers and their baggage, including deadlines for filing an action for compensation and the possibility of making a special declaration of interest, is made available to passengers at all points of sale, including sale by telephone and via the internet. In order to comply with this information requirement, Union air carriers shall use the notice contained in the Annex. Such summary or notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of this Regulation or the Montreal Convention.’ ; (b) in paragraph 2, the following indent is added: ‘— the right to make, free of charge, a special declaration of interest on the value of their mobility equipment where the passenger is a person with disabilities or a person with reduced mobility.’ ; (c) paragraph 3 is replaced by the following: ‘3. In the case of all carriage performed by Union air carriers, the limits indicated in accordance with the information requirements of paragraphs 1 and 2 shall be those established by this Regulation unless the Union air carrier applies higher limits by way of voluntary undertaking. In the case of all carriage performed by third-country air carriers, paragraphs 1 and 2 shall apply only in relation to carriage to, from or within the Union.’ ; (d) the following paragraphs are added: ‘4. All air carriers, on their mobile applications and on their websites, and the airport managing bodies at all Union airports with commercial passenger traffic, in their baggage delivery areas, shall provide a form which allows the passenger to immediately file an online or a hardcopy complaint about damaged, delayed or lost baggage. The form to be provided to passengers by the airport managing bodies shall be the common form. Passengers shall have the right to submit their complaint to the air carriers using that common form. Air carriers may provide passengers with their own form on their websites, on their mobile applications or on paper, provided that such a form offers, in an accessible format, the choice and information set out in the common form and is available in at least the language of the booking. The date of submission of the form shall be considered by the air carrier as the filing date of the complaint pursuant to Article 31(2) and 31(3) of the Montreal Convention, even if the air carrier requests further information at a later date. This paragraph shall not affect the right of the passenger to submit a complaint through other means within the deadlines given by the Montreal Convention. 5. In order to ensure uniform application of paragraph 4 of this Article, the Commission shall adopt an implementing act establishing the common form. That common form shall be established in an accessible format. The Commission shall make the common form available in all official languages of the Union on its website. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 6d(2). 6. All information provided pursuant to this Article, and complaint forms, shall be in an accessible format and made available also to persons who do not use digital tools. 7. All information obligations pursuant to this Article shall also apply to intermediaries, when selling carriage by air to, from or within the Union.’ ; (6) the following articles are inserted: ‘Article 6a 1. Whenever carrying checked-in mobility equipment or recognised assistance dogs, the Union air carrier shall ensure that persons with disabilities and persons with reduced mobility are made aware of their rights and offered the option to make a special declaration of interest, in an accessible format, pursuant to Article 22(2) of the Montreal Convention, at the time of booking, at the same time as the notification pursuant to Article 6 of Regulation (EC) No 1107/2006, and at the latest when the equipment is handed over to the air carrier and, in the case of a recognised assistance dog, at boarding. In that case, the Union air carrier shall not charge the passengers concerned an additional fee. Where the equipment is destroyed, lost, damaged or delayed, or in the case of the death of, or injury to, a recognised assistance dog, the Union air carrier may require proof of the cost of replacement, including temporary replacement, of the mobility equipment or the recognised assistance dog from the person with disabilities or person with reduced mobility to support the amount declared in the special declaration of interest. 2. In order to ensure uniform application of paragraph 1 of this Article, the Commission shall adopt an implementing act establishing a form for the special declaration of interest. That form shall be established in a format which is accessible to persons with disabilities and persons with reduced mobility. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 6d(2). Passengers shall have the right to submit their special declaration of interest to the air carriers using that form. Air carriers may provide passengers with their own form on their websites, on their mobile applications or on paper, provided that such a form offers, in an accessible format, the choice and information set out in the form established by the Commission and is available in at least the language of the booking. When selling carriage by air on behalf of the Union air carrier, intermediaries shall inform the passengers concerned of their rights and offer them the option to make a special declaration of interest, in an accessible format, pursuant to Article 22(2) of the Montreal Convention, at the time of booking and at the same time as the notification pursuant to Article 6 of Regulation (EC) No 1107/2006. That special declaration of interest shall be given under the same conditions as set out in the first subparagraph of this paragraph. The intermediary shall transmit the declaration to the Union air carrier as soon as possible. 3. In the case of destruction, loss, damage or delay in the carriage of checked mobility equipment or in the case of death of or injury to a recognised assistance dog, the Union air carrier shall be liable to pay a sum not exceeding the sum declared by the passenger; unless it proves that the sum claimed is greater than the person’s actual interest in delivery at destination. 4. Where paragraph 3 of this Article applies, and without prejudice to Articles 7, 8 and Annex I, fourth subparagraph, of Regulation (EC) No 1107/2006, the Union air carriers shall rapidly make all reasonable efforts to provide immediately needed temporary replacements for checked mobility equipment and temporary solutions in replacement of recognised assistance dogs. The person with disabilities or the person with reduced mobility shall be permitted to keep that temporary replacement free of charge until the compensation referred to in paragraph 3 has been paid or until the Union air carriers have compensated the legal or natural persons for the costs of needed temporary replacement of mobility equipment or of a recognised assistance dog. 5. Compliance with paragraph 4 shall not constitute a recognition of liability of the Union air carrier. Article 6b Without prejudice to Regulation (EC) No 1008/2008, when selling carriage by air to, from or within the Union, all air carriers and intermediaries shall clearly indicate in an accessible format at the time of booking, as well as on their mobile applications and on their website, and furthermore, in the case of air carriers, make available on request at the airport (including at self-service check-in machines): — the maximum baggage allowance in terms of dimension and weight that passengers are permitted to carry within the cabin, and in the hold of the aircraft, corresponding to the fare for the class of transport for each of the flights included within a passenger’s reservation, — any restrictions on the number of items that would be applied within a given maximum baggage allowance, — the conditions under which fragile or valuable items, such as musical instruments, sports equipment, children’s pushchairs and infant seats shall be transported in the passenger cabin or in the hold of the aircraft, — any potential additional charges applied for the carriage of checked and unchecked baggage, including musical instruments referred to in Article 6c, — the specific reasons which may preclude the carriage in the cabin of unchecked baggage. Article 6c 1. A Union air carrier shall permit a passenger to carry a musical instrument in the passenger cabin of an aircraft subject to applicable security and safety rules and the technical specifications and constraints of the aircraft concerned. Musical instruments shall be accepted for carriage within an aircraft cabin provided that those instruments can be stowed safely in a suitable baggage compartment within the cabin or under an appropriate passenger seat. Musical instruments shall form part of a passenger’s unchecked baggage allowance. The air carrier may give passengers the possibility to carry another piece of hand baggage in addition to that allowance, subject to possible additional charges. 2. Subject to applicable security and safety rules, where a musical instrument is too large to be stowed safely in a suitable baggage compartment within the cabin or under an appropriate passenger seat, an air carrier may request the payment of a second fare where such musical instruments are carried as unchecked baggage on a second seat. Such a second fare shall not be subject to the payment of taxes referred to in Article 23(1), points (b), (c) and (d), of Regulation (EC) No 1008/2008. The passenger and the musical instrument shall be seated on adjacent seats, with the musical instrument on a window seat. Where available and if requested, musical instruments shall be carried in a heated part of the hold of the aircraft subject to applicable safety rules, space constraints and the technical specifications of the aircraft concerned. Article 6d 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council ( *14 ) . 2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. ( *14 ) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers ( OJ L 55, 28.2.2011, p. 13 , ELI: http://data.europa.eu/eli/reg/2011/182/oj ).’;" (7) Article 7 is replaced by the following: ‘Article 7 The Commission shall report to the European Parliament and the Council by 23 October 2031 on the operation and the results of this Regulation. The report shall be accompanied, where necessary, by a legislative proposal.’ ; (8) the Annex to Regulation (EC) No 2027/97 is replaced by the text set out in Annex II to this Regulation.