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Document 02006R1107-20060815
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 (Text with EEA relevance)
Consolidated text: 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 (Text with EEA relevance)
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 (Text with EEA relevance)
In force
02006R1107 — EN — 15.08.2006 — 000.001
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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) |
Corrected by:
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
(Text with EEA relevance)
Article 1
Purpose and scope
Article 2
Definitions
For the purposes of this Regulation the following definitions shall apply:
‘disabled person’ or ‘person with reduced mobility’ means any person whose mobility when using transport is reduced due to any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation needs appropriate attention and the adaptation to his or her particular needs of the service made available to all passengers;
‘air carrier’ means an air transport undertaking with a valid operating licence;
‘operating air carrier’ means an air carrier that performs or intends to perform a flight under a contract with a passenger or on behalf of another person, legal or natural, having a contract with that passenger;
‘Community air carrier’ means an air carrier with a valid operating licence granted by a Member State in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers ( 7 );
‘tour operator’ means, with the exception of an air carrier, an organiser or retailer within the meaning of Article 2(2) and (3) of Directive 90/314/EEC;
‘managing body of the airport’ or ‘managing body’ means a body which notably has as its objective under national legislation the administration and management of airport infrastructures, and the coordination and control of the activities of the various operators present in an airport or airport system;
‘airport user’ means any natural or legal person responsible for the carriage of passengers by air from or to the airport in question;
‘Airport Users Committee’ means a committee of representatives of airport users or organisations representing them;
‘reservation’ means the fact that the passenger has a ticket, or other proof, which indicates that the reservation has been accepted and registered by the air carrier or tour operator;
‘airport’ means any area of land specially adapted for the landing, taking-off and manoeuvres of aircraft, including ancillary installations which these operations may involve for the requirements of aircraft traffic and services including installations needed to assist commercial air services;
‘airport car park’ means a car park, within the airport boundaries or under the direct control of the managing body of an airport, which directly serves the passengers using that airport;
‘commercial passenger air service’ means a passenger air transport service operated by an air carrier through a scheduled or non‐scheduled flight offered to the general public for valuable consideration, whether on its own or as part of a package.
Article 3
Prevention of refusal of carriage
An air carrier or its agent or a tour operator shall not refuse, on the grounds of disability or of reduced mobility:
to accept a reservation for a flight departing from or arriving at an airport to which this Regulation applies;
to embark a disabled person or a person with reduced mobility at such an airport, provided that the person concerned has a valid ticket and reservation.
Article 4
Derogations, special conditions and information
Notwithstanding the provisions of Article 3, an air carrier or its agent or a tour operator may refuse, on the grounds of disability or of reduced mobility, to accept a reservation from or to embark a disabled person or a person with reduced mobility:
in order to meet applicable safety requirements established by international, Community or national law or in order to meet safety requirements established by the authority that issued the air operator's certificate to the air carrier concerned;
if the size of the aircraft or its doors makes the embarkation or carriage of that disabled person or person with reduced mobility physically impossible.
In the event of refusal to accept a reservation on the grounds referred to under points (a) or (b) of the first subparagraph, the air carrier, its agent or the tour operator shall make reasonable efforts to propose an acceptable alternative to the person in question.
A disabled person or a person with reduced mobility who has been denied embarkation on the grounds of his or her disability or reduced mobility and any person accompanying this person pursuant to paragraph 2 of this Article shall be offered the right to reimbursement or re-routing as provided for in Article 8 of Regulation (EC) No 261/2004. The right to the option of a return flight or re-routing shall be conditional upon all safety requirements being met.
Article 5
Designation of points of arrival and departure
Article 6
Transmission of information
When an air carrier or its agent or a tour operator receives a notification of the need for assistance at least 48 hours before the published departure time for the flight, it shall transmit the information concerned at least 36 hours before the published departure time for the flight:
to the managing bodies of the airports of departure, arrival and transit, and
to the operating air carrier, if a reservation was not made with that carrier, unless the identity of the operating air carrier is not known at the time of notification, in which case the information shall be transmitted as soon as practicable.
Article 7
Right to assistance at airports
The provisions of paragraph 1 shall apply on condition that:
the person presents himself or herself for check-in:
at the time stipulated in advance and in writing (including by electronic means) by the air carrier or its agent or the tour operator, or
if no time is stipulated, not later than one hour before the published departure time, or
the person arrives at a point within the airport boundary designated in accordance with Article 5:
at the time stipulated in advance and in writing (including by electronic means) by the air carrier or its agent or the tour operator, or
if no time is stipulated, not later than two hours before the published departure time.
Article 8
Responsibility for assistance at airports
Article 9
Quality standards for assistance
Article 10
Assistance by air carriers
An air carrier shall provide the assistance specified in Annex II without additional charge to a disabled person or person with reduced mobility departing from, arriving at or transiting through an airport to which this Regulation applies provided that the person in question fulfils the conditions set out in Article 7(1), (2) and (4).
Article 11
Training
Air carriers and airport managing bodies shall:
ensure that all their personnel, including those employed by any sub-contractor, providing direct assistance to disabled persons and persons with reduced mobility have knowledge of how to meet the needs of persons having various disabilities or mobility impairments;
provide disability-equality and disability-awareness training to all their personnel working at the airport who deal directly with the travelling public;
ensure that, upon recruitment, all new employees attend disability‐related training and that personnel receive refresher training courses when appropriate.
Article 12
Compensation for lost or damaged wheelchairs, other mobility equipment and assistive devices
Where wheelchairs or other mobility equipment or assistive devices are lost or damaged whilst being handled at the airport or transported on board aircraft, the passenger to whom the equipment belongs shall be compensated, in accordance with rules of international, Community and national law.
Article 13
Exclusion of waiver
Obligations towards disabled persons and persons with reduced mobility pursuant to this Regulation shall not be limited or waived.
Article 14
Enforcement body and its tasks
Article 15
Complaint procedure
Article 16
Penalties
The Member States shall lay down rules on penalties applicable to infringements of this Regulation and shall take all the measures necessary to ensure that those rules are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission and shall notify it without delay of any subsequent amendment affecting them.
Article 17
Report
The Commission shall report to the European Parliament and the Council by 1 January 2010 at the latest on the operation and the effects of this Regulation. The report shall be accompanied where necessary by legislative proposals implementing in further detail the provisions of this Regulation, or revising it.
Article 18
Entry into force
This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
It shall apply with effect from 26 July 2008, except Articles 3 and 4, which shall apply with effect from 26 July 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Assistance under the responsibility of the managing bodies of airports
Assistance and arrangements necessary to enable disabled persons and persons with reduced mobility to:
Where a disabled person or person with reduced mobility is assisted by an accompanying person, this person must, if requested, be allowed to provide the necessary assistance in the airport and with embarking and disembarking.
Ground handling of all necessary mobility equipment, including equipment such as electric wheelchairs subject to advance warning of 48 hours and to possible limitations of space on board the aircraft, and subject to the application of relevant legislation concerning dangerous goods.
Temporary replacement of damaged or lost mobility equipment, albeit not necessarily on a like‐for‐like basis.
Ground handling of recognised assistance dogs, when relevant.
Communication of information needed to take flights in accessible formats.
ANNEX II
Assistance by air carriers
Carriage of recognised assistance dogs in the cabin, subject to national regulations.
In addition to medical equipment, transport of up to two pieces of mobility equipment per disabled person or person with reduced mobility, including electric wheelchairs (subject to advance warning of 48 hours and to possible limitations of space on board the aircraft, and subject to the application of relevant legislation concerning dangerous goods.
Communication of essential information concerning a flight in accessible formats.
The making of all reasonable efforts to arrange seating to meet the needs of individuals with disability or reduced mobility on request and subject to safety requirements and availability.
Assistance in moving to toilet facilities if required.
Where a disabled person or person with reduced mobility is assisted by an accompanying person, the air carrier will make all reasonable efforts to give such person a seat next to the disabled person or person with reduced mobility.
( ) OJ C 24, 31.1.2006, p. 12.
( ) Opinion of the European Parliament of 15 December 2005 (not yet published in the Official Journal), and Council Decision of 9 June 2006.
( ) OJ L 158, 23.6.1990, p. 59.
( ) OJ L 272, 25.10.1996, p. 36. Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).
( ) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003.