Code of conduct for use of computerized reservation systems

The aim of this Regulation is to ensure fair competition between air carriers and between computerized reservation systems, in order to protect the interests of consumers.

ACT

Council Regulation (EEC) No 2299/89 of 24 July 1989 on a code of conduct for computerized reservation systems [Official Journal L 220 of 29.07.1989]. [See amending acts].

SUMMARY

The regulations apply to computerized reservation systems (CRS) for air transport products, when offered for use and/or used in the territory of the Community.

Capacity of the system vendor to act in its own name and as a separate entity from the parent carrier.

Obligation on the system vendor to allow any air carrier the opportunity to participate, on an equal and non-discriminatory basis, in its distribution facilities.

Obligation on carriers participating in a computerized reservation system to communicate, with equal care and timeliness, information on schedules, fares and availability relating to their own air services to any other system requesting it.

Obligation on the system vendor to refrain from discrimination in loading and/or processing data provided by participating carriers and to separate its distribution facilities in a clear and verifiable manner from the private inventory of any carrier.

Obligation to provide clear and non-discriminatory displays. The displays must contain accurate, non-misleading information.

Provisions on the supply by a system vendor of information from its CRS relating to confidentiality and data protection as regards access of parent carriers to the information supplied by carriers or generated for their use.

Obligations on parent carriers.

Provisions on access by subscribers to the CRS distribution facilities.

Provisions on the fees charged by the system vendor.

Monitoring of the technical compliance of the CRS with the confidentiality and data protection requirements by an independent auditor, at least once a year.

Remedy available in the event of violation.

Regulation (EC) No 323/1999 took up the suggestions made by the Commission in its 1997 report on the application of Council Regulation (EEC) No 2299/89.

RELATED ACTS

Report - Not published in the Official Journal Commission report to the Council of 7 March 1995 on the application of Articles 4a and 6(3) of Council Regulation (EEC) No 2299/89, as amended by Regulation concerning a Code of Conduct for CRSs [COM(95) 51 final].

The report aims to summarise the experience gained in the last twelve months in applying the provisions on the obligations placed on a system vendor to prevent its parent carriers benefiting from preferential treatment in the operation of the CRS which, either separately or jointly, they own or effectively control. However, a lack of information prevented the Commission from examining the impact of these Articles on the operation of CRS, and thus from producing a comprehensive report on which the Council could in turn base its own examination. It was therefore proposed that the Commission submit by 31 December 1995 a second report on the basis of which the Council would examine the application of Articles 4a and 6(3). The dissemination of this second report was postponed.

Report - not published in the Official Journal

Commission report on the application of Council Regulation (EEC) No 2299/89 on a code of conduct for computerised reservation systems (CRSs) [COM(97) 246 final].

The report reviews the application of the code of conduct for using CRSs. In a second section, the Commission suggests a number of changes to the code, relating to:

• subscriber obligations, absent from the existing code;
• extension of the code's scope to include rail transport;
• charging policy;
• display of code-share flights;
• scope of the audit of CRS technical compliance;
• ticketing arrangements for flights carrying the same flight number operated by the same carrier;
• security package;
• right of a defendant to be heard;
• inclusion of information systems within the scope of the code;
• ranking of flights;
• billing information on magnetic media.

The report is followed by a proposal for a regulation amending Council Regulation (EEC) No °2299/89. This proposal was adopted and became Regulation (EC) No 323/1999.

Last updated: 14.05.2007