Proposal for a Regulation of the European Parliament and of the Council on a Code of Conduct for computerised reservation systems (first reading) - Analysis of the final compromise text with a view to agreement - Hoofdinhoud

Council general approach

TRAN Committee amendments

Compromise agreement

(5a) Whereas it is necessary to

The Presidency suggests the

establish effective competition

following text (EP has signalled

between participating carriers and

that is open to redrafting of its

parent carriers and ensure respect

amendment):

for the principle of non-

(5a) Whereas it is necessary to

discrimination among air carriers

establish maintain effective

irrespective of their participation

competition between participating

to the CRS;

carriers and parent carriers and ensure respect for the principle of non-discrimination among air carriers irrespective of their participation to the CRS;

(5b) In order to ensure transparent

The Presidency suggests the

and comparable terms of

following text to make the recital

competition in the

coherent with the respective article

market, parent carriers should be

(EP has signalled that is open to

subject to specific rules when they

redrafting of its amendment):

participate as capital investors in a

(5b) In order to ensure transparent

CRS;

and comparable terms of

competition in the

market, parent carriers should be

subject to specific rules when they

participate as capital investors in a

CRS;

Amendment 3

Recital 5 c (new)

(5c) Recourse to EC competition

EP agrees to withdraw the amendment.

rules and procedures should be

provided in order to prevent any

abuse of a dominant position by

one or more parent carriers;

Amendment 4

Recital 6

(6) System vendors should clearly

(6) System vendors should clearly

Working party has accepted this

separate the CRS systems from any

separate the CRS systems from any

amendment.

airline's internal reservation system

airline's internal or any other kind of

and should refrain from reserving

reservation system and should refrain

distribution facilities to their parent

from reserving distribution facilities to

carriers, in order to avoid that a parent

their parent carriers, in order to avoid

carrier could have a privileged access

that a parent carrier could have a

to the CRS system.

privileged access to the CRS system.

Amendment 5

Recital 7a (new)

(7a) The use of an unbiased display

Working party has accepted this

increases the transparency of

amendment.

transport products and services

offered by participating carriers and

enhances consumer confidence;

(8) 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.

(8) 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 nor the choice of the consumer.

Presidency suggests that this amendment be accepted as part of the compromise package.

9a. Information on bus services for air transport products or rail transport products incorporated alongside air transport products should be featured in future in the principal display of CRS.

Presidency suggests that this amendment be accepted as part of the compromise package (only bus and rail services linked to air transport products are covered).

9b. CRS should in future contain

CION suggests the following text.

easily understandable information

Presidency notes that the wording of

about CO2 emissions and fuel

the redrafted recital is such that it

consumption of the flight. This could

would not pose any current technical

be shown via average fuel

difficulties:

consumption data per person/litre/100km and average CO2 emissions per person/g/km, and could be compared with data of the best alternative train/bus connection for journeys of less than five hours.

9b. CRS should be encouraged to provide in future easily understandable information about CO2 emissions and fuel consumption of the flight. This could be shown via average fuel consumption data per person/litre/100km and average CO2 emissions per person/g/km, and could be compared with data of the best alternative train/bus connection for journeys of less than five hours.

Amendment 9

Article 1, paragraph 1

This Regulation shall apply to any

This Regulation shall apply to any

Working party has accepted this

computerised reservation system

computerised reservation system

amendment.

(hereinafter 'CRS'), insofar as it

(hereinafter 'CRS'), insofar as it

contains air-transport products, when

contains air-transport products, when

offered for use or used in the

offered for use or used in the

Community.

Community.

Amendment 10

Article 1, paragraph 1

This Regulation shall also apply to

This Regulation shall also apply to

The following text is agreed by the

rail-transport products, which are

rail-transport products, which are

working party and the EP:

incorporated alongside air-transport

incorporated alongside air-transport

products into the principal display of a

products into the principal display of a

This Regulation shall also apply to

CRS when offered for use or used in

CRS when offered for use or used in

rail-transport products, which are

the Community.

the territory of the Community.

incorporated alongside air-transport products into the principal display of a CRS when offered for use or used in the territory of the Community.

Amendment 11

Article 2 - point (d)

(d) 'computerised reservation system'

(d) 'computerised reservation system'

Working party has accepted this

means a computerised system

means a computerised system

amendment.

containing information about, inter

containing information about, inter

alia, schedules, availability, fares, and

alia, schedules,

related services, of more than one air

availability and fares, of more than

carrier, with or without facilities

one air carrier, with or without

through which reservations may be

facilities to make reservations or issue

made, or tickets may be issued, to the

tickets, to the extent that some or all of

extent that some or all of these

these services are made

services are made available to

available to subscribers;

subscribers;

Amendment 12

Article 2 - point (g)

(g) 'parent carrier' means any air

(g) 'parent carrier' means any air

The Presidency suggests the following

carrier or rail-transport operator which

carrier or rail-transport operator which

text (EP has indicated its agreement):

directly or indirectly, alone or jointly

directly or indirectly, alone or jointly

with others, owns or effectively

with others controls, or participates in

'parent carrier' means any air

controls a system vendor, as well as

the capital, or has legal rights and

carrier or rail-transport operator

any air carrier or rail-transport operator which it owns or effectively controls;

representation on the board of directors, supervisory board or any other governing body of a system vendor, as well as any air carrier or rail-transport operator which it owns or controls;

which directly or indirectly, alone or jointly with others controls, or participates in the capital, or has legal rights and representation on the board of directors, supervisory

board or any other governing body

of a system vendor, including

through a participation in its

capital, as well as any air carrier

or rail-transport operator which it

owns or controls;

(h) 'effective control' means a relationship constituted by rights, contracts or any other means which, either separately or jointly and having regard to the considerations of fact or law involved, confer the possibility of directly or indirectly exercising a decisive influence on an undertaking, in particular by:

(i) the right to use all or part of the assets of an undertaking; (ii) rights or contracts which confer a decisive influence on the composition, voting or decisions of the organs of an undertaking or otherwise confer a decisive influence on the running of the business of the undertaking;

(h) 'control' means a relationship constituted by rights, contracts or any other means which, either separately or in combination and having regard to the considerations of fact or law involved, confer the possibility of exercising decisive influence on an undertaking, in particular by:

(i) ownership or the right to use all or part of the assets of an undertaking; (ii) rights or contracts which confer a decisive influence on the composition, voting or decisions of the organs of an undertaking;

Working party has accepted this amendment in the expectation of compromise texts on amendments 12 and 13.

(a) attach unfair and/or unjustified conditions to any contract with a participating carrier or require the acceptance of supplementary conditions which, by their nature or according to commercial usage, have no connection with participation in its CRS;

(a) attach discriminatory conditions to any contract with a participating carrier or require the acceptance of supplementary conditions which, by their nature or according to commercial usage, have no connection with participation in its CRS;

EP agrees to withdraw the amendment.

(b) make it a condition of participation in its CRS that a participating carrier may not at the same time be a participant in another system or that a participating carrier may not freely use alternative reservation systems such as its own Internet booking system.

(b) make it a condition of participation in its CRS that a participating carrier may not at the same time be a participant in another system or that a participating carrier may not freely use alternative reservation systems such as its own Internet booking system and call centres.

Working party has accepted this amendment.

2a. The existence and extent of a direct or indirect capital holding and the control that such participation confers, on an air carrier or railtransport operator in a system vendor, or on a system vendor in an air carrier or rail-transport operator, shall be publicly disclosed.

The following text is agreed by the working party and the EP:

A system vendor shall publicly disclose, unless this is otherwise made public, the existence and extent of a direct or indirect capital holding of an air carrier or rail-transport operator in a system vendor, or of a system vendor in an air carrier or railtransport operator, shall be publicly disclosed.

• 1. 

  A system vendor shall not reserve any specific loading and/or processing procedure, any other distribution facility, or any changes to these, for one or more participating carriers, including its parent carrier(s). The system vendor shall provide information about any changes of its distribution systems and loading/processing procedures to all participating carriers.

• 1. 

  A system vendor shall not reserve any specific loading and/or processing procedure, any other distribution facility, or any changes to these, for one or more participating carriers, including its parent carrier(s). The system vendor shall provide information about any changes to its distribution systems and loading/processing procedures to all participating carriers.

The following text is agreed by the working party and the EP:

• 1. 

  A system vendor shall not reserve any specific loading and/or processing procedure, any other distribution facility, or any changes to these, for one or more participating carriers, including its parent carrier(s). The system vendor shall provide information about any changes to its distribution systems and loading/processing procedures to all participating carriers.

• 1. 

  A system vendor shall provide a principal display or displays for each individual transaction through its CRS and shall include therein the data provided by participating carriers in a neutral and comprehensive manner and without discrimination or bias. Criteria to be used for ranking shall not be based on any factor directly or indirectly relating to carrier identity and shall be applied on a non-discriminatory basis to all participating carriers. The principal display(s) shall respect the rules set out in Annex 1.

• 1. 

  A system vendor shall provide a principal display or displays for each individual transaction through its CRS and shall include therein the data provided by participating carriers in a neutral and comprehensive manner and without discrimination, bias or favouritism. Criteria to be used for ranking shall not be based on any factor directly or indirectly relating to carrier identity and shall be applied on a non-discriminatory basis to all participating carriers. The principal display(s) shall not deliberately mislead the consumer, should be easily accessible and respect the rules set out in Annex 1.

The following text is agreed by the working party and the EP:

• 1. 

  A system vendor shall provide a principal display or displays for each individual transaction through its CRS and shall include therein the data provided by participating carriers in a neutral and comprehensive manner and without discrimination, or bias or favouritism. Criteria to be used for ranking shall not be based on any factor directly or indirectly relating to carrier identity and shall be applied on a non-discriminatory basis to all participating carriers. The principal display(s) shall not deliberately mislead the consumer user, should shall be easily accessible and respect the rules set out in Annex 1.

• 2. 

  In the case of information provided by a CRS, a subscriber shall use a neutral display in accordance with paragraph 1 unless another display is required to meet a preference indicated by a consumer.

• 2. 

  In the case of information provided by a CRS to the consumer, a subscriber shall use a neutral display in accordance with paragraph 1 unless another display is required to meet a preference indicated by the consumer.

Working party has accepted this amendment.

Amendment 21

Article 5 - paragraph 2 a (new)

• 3. 

  Flights operated by air carriers

2a. Flights operated by air carriers

Working party has accepted this

subject to an operating ban pursuant to

subject to an operating ban pursuant

amendment.

Regulation (EC) No 2111/2005 must

to Regulation (EC) nr°2111/2005

be clearly identified by a symbol easily

must be clearly and specifically

recognizable by the subscriber.

identified in the display.

Amendment 22

Article 5 - paragraph 2 b (new)

2b. The system vendor shall introduce

Working party has accepted this

a specific symbol in the CRS display

amendment.

which shall be identifiable by the

users for the information on the

identity of the operating air carrier

provided for under Article 11 of

Regulation 2111/2005.

• 4. 

  This Article shall not apply to a CRS used by an air carrier, or railtransport operator, or a group of air carriers, or of rail-transport operators, in its or their own office or offices and sales counters clearly identified as such.

• 3. 

  This Article shall not apply to a CRS used by an air carrier, or railtransport operator, or a group of air carriers, or of rail-transport operators, in its or their own

office or offices, sales counters or on their own websites clearly identified as such.

Working party has accepted this amendment.

• 1. 

  A system vendor shall not attach unfair and/or unjustified conditions to a contract with a subscriber, such as preventing a subscriber from subscribing to or using any other system or systems, requiring the acceptance of supplementary conditions which have no connection with subscription in its CRS, or imposing an obligation to accept an offer of technical equipment or software.

• 1. 

  A system vendor shall not attach discriminatory conditions to a contract with a subscriber, such as preventing a subscriber from subscribing to or using any other system or systems, requiring the acceptance of supplementary conditions which have no connection with subscription in its CRS, or imposing an obligation to accept an offer of technical equipment or software.

EP agrees to withdraw the amendment.

Any marketing, booking and sales data may be made available by system vendors provided that:

(a) such data are offered with equal timeliness and on a non-discriminatory basis to all participating carriers, including parent carriers. Data may and, on request, shall cover all participating carriers and/or subscribers;

(b) when such data result from the use of the distribution facilities of a CRS by a subscriber established in the Community, it shall include no identification either directly nor indirectly of that subscriber unless the subscriber and the system vendor agree the conditions for the appropriate use of such data.

• 1. 

  Any marketing, booking and sales data may be made available by system vendors provided that such data are offered with equal timeliness and on a non-discriminatory basis to all participating carriers, including parent carriers. Data may and, on request, shall cover all participating carriers and/or subscribers.
• 2. 

  Participating carriers shall not use such data in order to unduly influence the choice of the subscriber.
• 3. 

  When such data result from the use of the distribution facilities of a CRS by a subscriber established in the Community, it shall include no identification either directly nor indirectly of that subscriber unless the subscriber and the system vendor agree the conditions for the appropriate use of such data.
• 4. 

  Any agreement(s) between subscriber(s) and system vendor(s) on the MIDT shall be publicly disclosed.

The Presidency suggests the following text (EP has indicated its agreement):

• 2. 

  Participating carriers shall not use such data in order to unduly influence the choice of the subscriber.
• 3. 

  When such data result from the use of the distribution facilities of a CRS by a subscriber established in the Community, it shall include no identification either directly nor indirectly of that subscriber unless the subscriber and the system vendor agree the conditions for the appropriate use of such data. This applies equally to the supply of such data by the system vendors to any other party for use by this party other than billing settlement.
• 4. 

  Any agreement(s) between subscriber(s) and system vendor(s) on the MIDT shall be publicly disclosed available to the public.

(ba) Agreement(s) between subscribers and the system vendor on the MIDT may include a compensation scheme in favour of the subscribers.

Working party and EP agree that this will be redrafted as a recital.

The Commission shall monitor the application of the discriminatory or non-equivalent treatment of Community air carriers by system vendors in third countries. At the request of a Member State or on its own initiative, the Commission shall investigate potential cases of discrimination against EU carriers in CRSs of third countries. Where such discrimination is found, before taking a decision, the Commission shall inform the Member States and interested parties and seek their comments, including by holding a meeting of relevant experts from the Member States.

Working party has accepted this amendment as part of the compromise package.

• 1. 

  A parent carrier may not discriminate against a competing CRS by refusing to provide the latter, on request and with equal timeliness, with the same data on schedules, fares and availability relating to its own transport products as that which it provides to its own CRS or to distribute its transport products through another CRS, or by refusing to accept or to confirm with equal timeliness a reservation made through a competing CRS for any of its transport products which are distributed through its own CRS. The parent carrier shall be obliged to accept and to confirm only those bookings which are in conformity with its fares and conditions.

• 1. 

  A parent carrier may not, subject to reciprocity, discriminate against a competing CRS by refusing to provide the latter, on request and with equal timeliness, with the same data on schedules, fares and availability relating to its own transport products as that which it provides to its own CRS or to distribute its transport products through another CRS, or by refusing to accept or to confirm with equal timeliness a reservation made through a competing CRS for any of its transport products which are distributed through its own CRS. The parent carrier shall be obliged to accept and to confirm only those bookings which are in conformity with its fares and conditions.

The following text is agreed by the working party and the EP:

• 1. 

  A parent carrier may not, subject to reciprocity as referred to in paragraph 1a, discriminate against a competing CRS by refusing to provide the latter, on request and with equal timeliness, with the same data on schedules, fares and availability relating to its own transport products as that which it provides to its own CRS or to distribute its transport products through another CRS, or by refusing to accept or to confirm with equal timeliness a reservation made through a competing CRS for any of its transport products which are distributed through its own CRS. The parent carrier shall be obliged to accept and to confirm only those bookings which are in conformity with its fares and conditions.

Amendment 30

Article 10 -

paragraph 2

• 2. 

  The parent carrier shall not be

• 2. 

  The parent carrier shall not be

The following text is agreed by the

obliged to accept any costs in this

obliged to accept any costs in this

working party and the EP:

connection except for reproduction of

connection except for reproduction of

the data to be provided and for

the data to be provided and for

• 2. 

  The parent carrier shall not be

accepted bookings. The booking fee

accepted bookings. The booking fee

obliged to accept any costs in this

payable to a CRS for an accepted

payable to a CRS for an accepted

connection except for reproduction of

booking made in accordance with

booking made in accordance with

the data to be provided and for

paragraph 1 shall be in line with the

paragraph 1 of this article shall be in

accepted bookings. The booking fee

fee charged by the same CRS to other

line with the fee charged by the same

payable to a CRS for an accepted

participating carriers for equivalent

CRS to other participating carriers for

booking made in accordance with

transactions.

equivalent transactions. The

paragraph 1 of this article shall be in

Commission may at any time ask a

line with the fee charged by the same

system vendor to provide any

CRS to other participating carriers for

information judged necessary to

equivalent transactions. The

ensure compliance by it with this

Commission may at any time ask a

paragraph.

system vendor to provide any information judged necessary to ensure compliance by it with this paragraph.

Amendment 31

Article 10 -

paragraph 3

• 3. 

  A parent carrier shall neither

• 3. 

  A parent carrier shall neither

Working party has accepted this

directly nor indirectly link the use of

directly nor indirectly discriminate in

amendment.

any specific CRS by a subscriber with

favour of its own CRS by linking the

the receipt of any commission or other

use of any specific CRS by a

incentive or disincentive for the sale of

subscriber with the receipt of any

its transport products.

commission or other incentive or disincentive for the sale of its transport products.

Amendment 32

Article 10 -

paragraph 4

• 4. 

  A parent carrier shall neither

• 4. 

  A parent carrier shall neither

Working party has accepted this

directly nor indirectly require use of

directly nor indirectly discriminate in

amendment.

any specific CRS by a subscriber for

favour of its own CRS by requiring

sale or issue of tickets for any

the use of any specific CRS by a

transport products provided either

subscriber for sale or issue of tickets

directly or indirectly by itself.

for any transport products provided either directly or indirectly by itself.

Amendment 34

Article 11 - paragraph 3

• 3. 

  Where special categories of data

• 3. 

  Where special categories of data

Working party has accepted this

referred to under Article 8 of Directive

referred to under Article 8 of Directive

amendment.

95/46/EC are involved, such data shall

95/46/EC are involved, such data shall

only be processed where the data

only be processed where the data

subject has given his explicit consent

subject has given his explicit consent

to the processing of those data.

to the processing of those data on an informed basis.

Amendment 35

Article 11 - paragraph 5

• 5. 

  Marketing, booking and sales data

• 5. 

  Marketing, booking and sales data

Working party has accepted this

made available by a CRS shall include

made available by a system vendor

amendment.

no identification, either directly or

shall include no identification, either

indirectly, of natural persons or, where

directly or

applicable, of the organisations or

indirectly, of natural persons or, where

companies on whose behalf they are

applicable, of the organisations or

acting.

companies on whose behalf they are

acting.

Amendment 36

Article 11 - paragraph 7

• 7. 

  A data subject shall be entitled to

• 7. 

  A data subject shall be entitled to

Working party has accepted this

have access free of charge to data

have access free of charge to data

amendment.

relating to him regardless of whether

relating to him regardless of whether

the data is stored by the system vendor

the data is stored by the system vendor

or by the subscriber.

or by the subscriber.

• 8. 

  The rights recognized in this article are complementary to and shall exist in addition to the data subject rights laid down by Directive 95/46/EC and by the national provisions adopted pursuant thereto.

• 8. 

  The rights recognized in this article are complementary to and shall exist in addition to the data subject rights laid down by Directive 95/46/EC, by the national provisions adopted pursuant thereto and by the provisions of international agreements which the European Union is party to.

The following text is agreed by the working party and the EP:

• 8. 

  The rights recognized in this article are complementary to and shall exist in addition to the data subject rights laid down by Directive 95/46/EC, by the national provisions adopted pursuant thereto and by the provisions of international agreements to which the European Union is party to.

• 9. 

  The provisions of this Regulation particularise and complement Directive 95/46/EC for the purposes mentioned in Article 1. Save as otherwise provided the definitions in that Directive shall apply.

• 9. 

  The provisions of this Regulation particularise and complement Directive 95/46/EC for the purposes mentioned in Article 1. Save as otherwise provided the definitions in that Directive shall apply. Where the specific provisions with regard to the processing of personal data in the context of the activities of a CRS laid down in this Article do not apply, this Regulation shall be without prejudice to the provisions of the said Directive, the national provisions adopted by the Member States pursuant thereto and the international agreements which the European Union is party to.

The following text is agreed by the working party and the EP:

• 9. 

  The provisions of this Regulation particularise and complement Directive 95/46/EC for the purposes mentioned in Article 1. Save as otherwise provided the definitions in that Directive shall apply. Where the specific provisions with regard to the processing of personal data in the context of the activities of a CRS laid down in this Article do not apply, this Regulation shall be without prejudice to the provisions of the said Directive, the national provisions adopted by the Member States pursuant thereto and the international agreements to which the European Union is party to.

9a. Where a system vendor operates databases in different capacities such as a CRS or a host for airlines, technical and organisational measures must be taken to prevent interconnection between the databases, and to ensure that personal data are only accessible for the specific purpose for which they were collected.

The following text is agreed by the working party and the EP:

Where a system vendor operates databases in different capacities such as a CRS or a host for airlines, technical and organisational measures must be taken to prevent the circumvention of data protection rules through the interconnection between the databases, and to ensure that personal data are only accessible for the specific purpose for which they were collected.

• 1. 

  Any system vendor in which an air

The Presidency suggests the following

carrier or a rail-transport operator

text (EP has indicated its agreement):

participates in its capital shall, on a

three yearly basis and, in addition,

• 1. 

  Any system vendor shall, every three

upon request from the Commission,

four years and, in addition, upon

submit an independently audited

request from the Commission, submit

report detailing its ownership

an independently audited report

structure and governance model.

detailing the ownership structure and

Costs related to the audited report

governance model. Costs related to the

shall be borne by the system vendor.

audited report shall be borne by the system vendor.

• 2. 

  The system vendor shall ensure

that the technical compliance of its

• 2. 

  The system vendor shall inform the

CRS with Articles 4, 7, 11, and where

Commission of the identity of the

applicable 10, is monitored by an

auditor before confirmation of the

independent auditor on an annual

appointment. The Commission may

basis. Each system vendor shall

object and, within two months and

submit its auditor's report to the

after consultation with the auditor, the

Commission on a three-yearly basis

system vendor and any other party

and in addition upon request from the

claiming a legitimate interest, decide

Commission. Costs related to the

whether or not the auditor is to be

audited report shall be borne by the

replaced.

system vendor.

• 3. 

  Any air carrier or rail-transport operator with a direct ownership stake in a system vendor shall on a three-yearly basis and, in addition, upon request from the Commission, submit an independently audited report detailing its involvement with the system vendor and its governance model. Costs related to the audited report shall be borne by the air carrier or rail-transport operator.
• 4. 

  The system vendor shall inform participating carriers and the Commission of the identity of the auditor at least three months before confirmation of an appointment. The Commission shall attest to the competence of the auditor unless if, within one month of notification, any of the participating carriers object to the capability of the auditor to carry out the tasks as required under this Article. In this case, the Commission shall, within a further two months and after consultation with the auditor, the system vendor and any other party claiming a legitimate interest, decide whether or not the auditor is to be replaced.

• 5. 

  The auditor shall be granted access at all times to any programmes, procedures, operations and safeguards used on the computers or computer systems through which the system vendor provides its distribution facilities.
• 6. 

  The Commission shall examine the reports referred to paragraphs 1, 2 and 3with a view to taking any action necessary in accordance with Article 12.

• 7. 

  In consultation with interested parties the Commission shall establish guidelines for the auditor's report referred to in paragraphs 1, 2 and 3.

EP agrees to withdraw the amendment.

• 8. 

  The Commission shall attest the competence of the auditor referred to in paragraphs 1, 2 and 3.

EP agrees to withdraw the amendment.

Where the Commission, acting on a complaint or on its own initiative, finds that there is an infringement of this Regulation it may by decision require the undertakings or associations of undertakings concerned to bring such infringement to an end.

Where the Commission, acting on a complaint or on its own initiative, finds that there is an infringement of this Regulation it may by decision require the undertakings or associations of undertakings concerned to bring such infringement to an end. Investigations regarding possible infringements of this Regulation shall fully take into account the results of any inquiry under Articles 81 and 82 of the EC Treaty.

Working party has accepted this amendment.

In order to carry out the duties assigned to it by this Regulation the Commission may, by simple request or decision, require undertakings or associations of undertakings to provide all necessary information, including the provision of specific audits notably on issues covered by Articles 4, 7 and 11 of this Regulation.

In order to carry out the duties assigned to it by this Regulation the Commission may, by simple request or decision, require undertakings or associations of undertakings to provide all necessary information, notably on issues covered by Articles 4, 7 and 11 but subject to the strictest data protection requirements applicable in the relevant Member State(s).

The following text is agreed by the working party and the EP:

In order to carry out the duties assigned to it by this Regulation the Commission may, by simple request or decision, require undertakings or associations of undertakings to provide all necessary information, including the provision of specific audits notably on issues covered by Articles 4, 7, 10 and 11 of this Regulation.

Amendment 45

Article 17

Within five years of the entry into

Within three years of the entry into

The Presidency suggests the following

force of this Regulation, the

force of this Regulation, the

text (EP has indicated its agreement):

Commission shall draw up a report on

Commission shall draw up a report on

the application of this Regulation

the application of this Regulation

Within three four years of the entry

which shall assess the need to

which shall assess the need to

into force of this Regulation, the

maintain, amend or abolish the present

maintain, amend or abolish the present

Commission shall draw up a report on

Regulation.

Regulation.

the application of this Regulation which shall assess the need to maintain, amend or abolish the present Regulation.

Amendment 46

Article 17 - paragraph 1 a (new)

The Commission shall report to the

The following text is agreed by the

Parliament and to the Council on a

working party and the EP:

biannual basis with a report on the

application of Article 8 with regards

The Commission shall, when

to equivalent treatment in third

appropriate, report to the Parliament

countries and shall propose any

and to the Council on a biannual

appropriate measure in order to

basis with a report on the application

alleviate discriminatory conditions,

of Article 8 with regards to equivalent

including the conclusion or

treatment in third countries and shall

modification of bilateral air transport

propose any appropriate measure in

agreements between EC and third

order to alleviate discriminatory

countries.

conditions, including the conclusion or modification of bilateral air transport agreements between EC and third countries.

Amendment 47

Annex 1

• 1. 

  At the choice of the subscriber,

• 1. 

  Where prices are shown in the

The working party has accepted this

travel options in the principle display

principal display, and/or where a

amendment subject to the following

shall be ranked either by fares or in the

ranking based on prices is chosen,

redrafting, to which the EP has

following order:

prices shall be inclusive of the fares

indicated its agreement:

(i) non-stop travel options ranked by

and of all applicable taxes, charges,

departure time;

surcharges and fees to be paid to the

• 1. 

  the redrafting of paragraphs 6c and

(ii) all other travel options ranked by

air carrier or rail-transport operator,

6d:

elapsed journey time.

and which are unavoidable and

Where travel options are ranked in

foreseeable at the time when shown

accordance with paragraph 6a(i) and

on the display.

(ii), and where train services for the same city-pair are offered on the CRS, at least the best ranked train service or air-rail service shall be featured on the first screen of the principle display.

• 2. 

  General approach text is retained for paragraph 6e.

• 2. 

  Where fares are shown in the

• 2. 

  No discrimination on the basis of

principal display, and/or where a

airports or rail stations serving the

ranking based on fares is chosen, fares

same city shall be exercised in

shall be inclusive of all applicable

constructing and selecting transport

taxes, and charges, surcharges and fees

products for a given city-pair for

which are unavoidable and foreseeable.

inclusion in a principal display.

Amendment 47 (continuation)

Annex 1

• 3. 

  Where travel options are ranked in

• 3. 

  Flights other than scheduled air

accordance with paragraph 1 (i) and

services must be clearly identified. A

(ii), and where direct train services, not

consumer shall be entitled to have, on

involving a change of train, are offered

request, a principal display limited to

on the CRS, at least the best ranked

scheduled or non-scheduled services

direct train service shall be featured on the first screen of the principle display.

only.

• 4. 

  No discrimination on the basis of

• 4. 

  Flights involving stops en route

airports or rail stations serving the same city shall be exercised in constructing and selecting transport products for a given city-pair for inclusion in a principal display.

must be clearly identified.

• 5. 

  Flights other than scheduled air

• 5. 

  Where flights are operated by an air

services must be clearly identified. A

carrier which is not the air carrier

consumer shall be entitled to have, on

identified by the carrier designator

request, a principal display limited to

code, the actual operator of the flight

scheduled or non-scheduled services

must be clearly identified. That

only.

requirement will apply in all cases,

except for short-term ad hoc

arrangements.

Amendment 47 (continuation)

Annex 1

• 6. 

  Flights involving stops en route

• 6. 

  Information on bundled products -

must be clearly identified.

i.e. prearranged combinations of

transport with other services not

ancillary to transport and offered at an

inclusive price - shall not be featured

in the principal display.

• 7. 

  Where flights are operated by an air

6a. At the choice of the subscriber,

carrier which is not the air carrier

travel options in the principal display

identified by the carrier designator

shall be ranked either by fares or in

code, the actual operator of the flight

the following order:

must be clearly identified as known at

(i) non-stop travel options ranked by

the time of booking.

departure time;

(ii) all other travel options ranked by

elapsed journey time.

• 8. 

  Information on bundled products

6b. Except as provided in paragraph

shall not be featured in the principal

6e, no travel option may be featured

display.

more than once in any principal display.

• 9. 

  Except as provided in paragraph 10,

6c. Where travel options are ranked

no travel option may be featured more

in accordance with paragraph 6a (i)

than once in any principal display.

and (ii), for all flights of elapsed journey time of up to 90 minutes, the best ranked alternative train services, including connecting services, must be featured on the first screen of the principal display.

• 10. 

  Where air carriers operate under code-share arrangements each of the air carriers concerned – not more than two – shall be allowed to have a separate display using its individual carrier-designator code. Where more than two air carriers are involved, the designation of the two carriers shall be a matter for the carrier actually operating the flight.

6d. Where travel options serving the same city-pair are offered with connecting flights or as a combination of scheduled air and rail service on the CRS, at least the best ranked option by scheduled air and rail service shall be featured on the first screen of the principal display.

6e. Where air carriers operate under code-share arrangements the information indicating the different individual carrier-designator codes shall be clearly included without duplication and the carrier actually operating the flight shall be designated.