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Document 02004R0785-20200730
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
Consolidated text: 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
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
02004R0785 — EN — 30.07.2020 — 004.001
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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, p. 1) |
Amended by:
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Official Journal |
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No |
page |
date |
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REGULATION (EC) No 1137/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 October 2008 |
L 311 |
1 |
21.11.2008 |
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L 87 |
19 |
7.4.2010 |
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REGULATION (EU) 2019/1243 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2019 |
L 198 |
241 |
25.7.2019 |
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COMMISSION DELEGATED REGULATION (EU) 2020/1118 of 27 April 2020 |
L 243 |
1 |
29.7.2020 |
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
Article 1
Objective
Article 2
Scope
This Regulation shall not apply to:
State aircraft as referred to in Article 3(b) of the Convention on International Civil Aviation, signed at Chicago on 7 December 1944;
model aircraft with an MTOM of less than 20 kg;
foot-launched flying machines (including powered paragliders and hang gliders);
captive balloons;
kites;
parachutes (including parascending parachutes);
aircraft, including gliders, with a MTOM of less than 500 kg, and microlights, which:
in so far as the insurance obligations under this Regulation relating to the risks of war and terrorism are concerned.
Article 3
Definitions
For the purposes of this Regulation:
(a) |
‘air carrier’means an air transport undertaking with a valid operating licence; |
(b) |
‘Community air carrier’means an air carrier with a valid operating licence granted by a Member State in accordance with Regulation (EEC) No 2407/92; |
(c) |
‘aircraft operator’means the person or entity, not being an air carrier, who has continual effective disposal of the use or operation of the aircraft; the natural or legal person in whose name the aircraft is registered shall be presumed to be the operator, unless that person can prove that another person is the operator; |
(d) |
‘flight’ means:
—
with regard to passengers and unchecked baggage, the period of transport of the passengers by aircraft including their boarding and disembarkation,
—
with regard to cargo and checked baggage, the period of transport of baggage and cargo from the moment the baggage or cargo is handed to the air carrier until the moment of delivery to the entitled recipient,
—
with regard to third parties, the use of an aircraft from the moment when power is applied to its engines for the purpose of taxiing or actual take-off until the moment when it is on the surface and its engines have come to a complete stop; additionally, it shall mean the moving of an aircraft by towing and push-back vehicles or by powers which are typical for the drive and the lift of aircraft, particularly air streams;
|
(e) |
‘SDR’means a Special Drawing Right as defined by the International Monetary Fund; |
(f) |
‘MTOM’means the Maximum Take Off Mass, which corresponds to a certified amount specific to all aircraft types, as stated in the certificate of airworthiness of the aircraft; |
(g) |
‘passenger’means any person who is on a flight with the consent of the air carrier or the aircraft operator, excluding on-duty members of both the flight crew and the cabin crew; |
(h) |
‘third party’means any legal or natural person, excluding passengers and on-duty members of both the flight crew and the cabin crew; |
(i) |
‘commercial operation’means an operation for remuneration and/or hire. |
Article 4
Principles of insurance
This Regulation is without prejudice to the rules on liability as arising from:
Article 5
Compliance
Article 6
Insurance in respect of liability for passengers, baggage and cargo
Article 7
Insurance in respect of liability for third parties
Category |
MTOM (kg) |
Minimum insurance (million SDRs) |
1 |
< 500 |
0,75 |
2 |
< 1000 |
1,5 |
3 |
< 2700 |
3 |
4 |
< 6000 |
7 |
5 |
< 12000 |
18 |
6 |
< 25000 |
80 |
7 |
< 50000 |
150 |
8 |
< 200000 |
300 |
9 |
< 500000 |
500 |
10 |
≥ 500000 |
700 |
If at any time insurance cover for damage to third parties due to risks of war or terrorism is not available to any air carrier or aircraft operator on a per-accident basis, such air carrier or aircraft operator may satisfy its obligation to insure such risks by insuring on an aggregate basis. The Commission shall closely monitor the application of this provision in order to ensure that such aggregate is at least equivalent to the relevant amount set out in the table.
Article 8
Enforcement and sanctions
Article 8a
Exercise of the delegation
Article 9
Committee procedure
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
▼M3 —————
Article 10
Report and cooperation
Article 11
Entry into force
This Regulation shall enter into force twelve months following the date of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
( 1 ) OJ L 123, 12.5.2016, p. 1.
( 2 ) OJ L 240, 24.8.1992, p. 8. Regulation as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).