This document is an excerpt from the EUR-Lex website
It establishes minimum insurance requirements for air carriers and aircraft operators in respect of passengers, baggage, cargo and third parties.
This regulation applies to all air carriers and to all aircraft operators flying within, into, out of or over the territory of an EU country. Air carriers and aircraft operators must be insured, in particular in respect of:
It does not apply to:
Air carriers and, when so required, aircraft operators, must show that they comply with the regulation by providing the competent authorities of the EU country concerned* with an insurance certificate or other evidence of valid insurance.
Insurance in respect of liability for passengers, baggage and cargo
For liability in respect of passengers, the minimum insurance cover is 250,000 SDRs* per passenger. However, in respect of non-commercial operations by aircraft with a MTOM of 2,700 kg or less, EU countries may set a lower level of minimum insurance cover, but not below 100,000 SDRs per passenger.
For liability in respect of baggage, the minimum insurance cover must be 1,288 SDRs per passenger in commercial operations (Delegated Regulation (EU) 2020/1118).
For liability in respect of cargo, the minimum insurance cover must be 22 SDRs per kilogram in commercial operations (Delegated Regulation (EU) 2020/1118).
Insurance in respect of liability for third parties
The minimum insurance cover per accident and per aircraft depends on the MTOM of the aircraft.
Enforcement and sanctions
To take inflation into account, Regulation (EU) No 285/2010 revised the compensation limits in Regulation (EC) No 785/2004.
It has applied since 30 April 2005.
For more information, see:
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, pp. 1-6)
Successive amendments and corrections to Regulation (EC) No 785/2004 have been incorporated into the basic text. This consolidated version is of documentary value only.
Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC (OJ L 295, 12.11.2010, pp. 35-50)
See consolidated version.
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 (recast) (OJ L 293, 31.10.2008, pp. 3-20)
See consolidated version.
Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents (OJ L 140, 30.5.2002, pp. 2-5)
Council Decision 2001/539/EC of 5 April 2001 on the conclusion by the European Community of the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention) (OJ L 194, 18.7.2001, p. 38)
Communication from the Commission to the European Parliament and the Council — Insurance requirements for aircraft operators in the EU — A report on the operation of Regulation 785/2004 (COM(2008) 216 final of 24.4.2008)
last update 13.08.2020