A4-0172/97

Decision on the common position adopted by the Council with a view to adopting a Council Regulation on air carrier liability in the event of accidents (C4-0092/97 - 95/0359(SYN))

(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0092/97 - 95/0359(SYN),

- having regard to its opinion at first reading ((OJ C 320, 28.10.1996, p. 30.)) on the Commission proposal to the Council (COM(95)0724) ((OJ C 104, 10.4.1996, p. 18.)),

- having regard to the amended Commission proposal (COM(96)0663) ((OJ C 29, 30.1.1997, p. 10.)),

- having been consulted by the Council pursuant to Article 189c of the EC Treaty,

- having regard to Rule 67 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Transport and Tourism (A4-0172/97),

1. Amends the common position as follows;

2. Instructs its President to forward this decision to the Council and Commission.

(Amendment 1)

Recital 13 a (new)

>Text following EP vote>

(13a) Whereas, in addition, it is desirable that provisions similar to those in this Regulation be applied by all air carriers operating to, from or within the Community;

(Amendment 2)

Article 6(2)

>Original text>

2. Adequate information on the provisions contained in Articles 3 and 5 shall, on request, be available to passengers at the Community air carrier's agencies, travel agencies and check-in counters and at points of sale. The ticket document or an equivalent shall contain a summary of the requirements in plain and intelligible language.

>Text following EP vote>

2. The liability regime applied by an air carrier shall be clearly set out in its conditions of carriage and shall be made available to passengers at the air carrier's agencies, travel agencies, check-in counters and points of sale.

(Amendment 3)

Article 6(3)

>Original text>

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 agencies, travel agencies or check-in 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.

>Text following EP vote>

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.

(Amendment 4)

Article 7a (new)

>Text following EP vote>

Article 7a

Whenever the Commission conducts negotiations on civil aviation on behalf of the Community with third countries whose carriers are not already subject to levels of liability similar to those outlined in this Regulation, it shall seek to incorporate the provisions of Articles 3 and 5 of this Regulation.