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26.7.2006 EN Official Journal…

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26.7.2006             EN                            Official Journal of the European Union                                                L 204/1




                                                                         I

                                                      (Acts whose publication is obligatory)




                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)


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE                               (3)   This Regulation should not affect other rights of passengers
EUROPEAN UNION,                                                                    established by Community legislation and notably Council
                                                                                   Directive 90/314/EEC of 13 June 1990 on package travel,
                                                                                   package holidays and package tours (3) and Regulation (EC)
Having regard to the Treaty establishing the European Commu-
                                                                                   No 261/2004 of the European Parliament and of the
nity, and in particular Article 80(2) thereof,
                                                                                   Council of 11 February 2004 establishing common rules
                                                                                   on compensation and assistance to air passengers in the
Having regard to the proposal from the Commission,                                 event of denied boarding and of cancellation or long delay
                                                                                   of flights (4) . Where the same event would give rise to the
                                                                                   same right of reimbursement or rebooking under either of
Having regard to the opinion of the European Economic and                          those legislative acts as well as under this Regulation, the
Social Committee (1),                                                              person so entitled should be allowed to exercise that right
                                                                                   once only, at his or her discretion.

Having consulted of the Committee of the Regions,


Acting in accordance with the procedure laid down in Article 251
of the Treaty (2),
                                                                             (4)   In order to give disabled persons and persons with reduced
                                                                                   mobility opportunities for air travel comparable to those of
Whereas:
                                                                                   other citizens, assistance to meet their particular needs
                                                                                   should be provided at the airport as well as on board
(1)   The single market for air services should benefit citizens in                aircraft, by employing the necessary staff and equipment. In
      general. Consequently, disabled persons and persons with                     the interests of social inclusion, the persons concerned
      reduced mobility, whether caused by disability, age or any                   should receive this assistance without additional charge.
      other factor, should have opportunities for air travel
      comparable to those of other citizens. Disabled persons
      and persons with reduced mobility have the same right as
      all other citizens to free movement, freedom of choice and
      non-discrimination. This applies to air travel as to other
      areas of life.
                                                                             (5)   Assistance given at airports situated in the territory of a
                                                                                   Member State to which the Treaty applies should, among
(2)   Disabled persons and persons with reduced mobility should                    other things, enable disabled persons and persons with
      therefore be accepted for carriage and not refused transport                 reduced mobility to proceed from a designated point of
      on the grounds of their disability or lack of mobility, except               arrival at an airport to an aircraft and from the aircraft to a
      for reasons which are justified on the grounds of safety and                 designated point of departure from the airport, including
      prescribed by law. Before accepting reservations from                        embarking and disembarking. These points should be
      disabled persons or persons with reduced mobility, air                       designated at least at the main entrances to terminal
      carriers, their agents and tour operators should make all                    buildings, in areas with check-in counters, in train, light rail,
      reasonable efforts to verify whether there is a reason which                 metro and bus stations, at taxi ranks and other drop-off
      is justified on the grounds of safety and which would                        points, and in airport car parks. The assistance should be
      prevent such persons being accommodated on the flights                       organised so as to avoid interruption and delay, while
      concerned.                                                                   ensuring high and equivalent standards throughout the
                                                                                   Community and making best use of resources, whatever
                                                                                   airport or air carrier is involved.
(1) OJ C 24, 31.1.2006, p. 12.
(2) Opinion of the European Parliament of 15 December 2005 (not yet
    published in the Official Journal), and Council Decision of 9 June       (3) OJ L 158, 23.6.1990, p. 59.
    2006.                                                                    (4) OJ L 46, 17.2.2004, p. 1.
L 204/2               EN                          Official Journal of the European Union                                        26.7.2006


(6)   To achieve these aims, ensuring high quality assistance at        (12) Directive 95/46/EC of the European Parliament and of the
      airports should be the responsibility of a central body. As            Council of 24 October 1995 on the protection of
      managing bodies of airports play a central role in providing           individuals with regard to the processing of personal data
      services throughout their airports, they should be given this          and on the free movement of such data (2) should be strictly
      overall responsibility.                                                enforced in order to guarantee respect for the privacy of
                                                                             disabled persons and persons with reduced mobility, and
                                                                             ensure that the information requested serves merely to fulfil
                                                                             the assistance obligations laid down in this Regulation and
(7)   Managing bodies of airports may provide the assistance to              is not used against passengers seeking the service in
      disabled persons and persons with reduced mobility                     question.
      themselves. Alternatively, in view of the positive role
      played in the past by certain operators and air carriers,
      managing bodies may contract with third parties for the
      supply of this assistance, without prejudice to the
      application of relevant rules of Community law, including         (13) All essential information provided to air passengers should
      those on public procurement.                                           be provided in alternative formats accessible to disabled
                                                                             persons and persons with reduced mobility, and should be
                                                                             in at least the same languages as the information made
                                                                             available to other passengers.
(8)   Assistance should be financed in such a way as to spread
      the burden equitably among all passengers using an airport
      and to avoid disincentives to the carriage of disabled
      persons and persons with reduced mobility. A charge levied
                                                                        (14) Where wheelchairs or other mobility equipment or assistive
      on each air carrier using an airport, proportionate to the
                                                                             devices are lost or damaged during handling at the airport
      number of passengers it carries to or from the airport,
                                                                             or during transport on board aircraft, the passenger to
      appears to be the most effective way of funding.
                                                                             whom the equipment belongs should be compensated, in
                                                                             accordance with rules of international, Community and
                                                                             national law.

(9)   With a view to ensuring, in particular, that the charges
      levied on an air carrier are commensurate with the
      assistance provided to disabled persons and persons with
      reduced mobility, and that these charges do not serve to          (15) Member States should supervise and ensure compliance
      finance activities of the managing body other than those               with this Regulation and designate an appropriate body to
      relating to the provision of such assistance, the charges              carry out enforcement tasks. This supervision does not
      should be adopted and applied in full transparency. Council            affect the rights of disabled persons and persons with
      Directive 96/67/EC of 15 October 1996 on access to the                 reduced mobility to seek legal redress from courts under
      groundhandling market at Community airports (1) and in                 national law.
      particular the provisions on separation of accounts, should
      therefore apply where this does not conflict with this
      Regulation.

                                                                        (16) It is important that a disabled person or person with
                                                                             reduced mobility who considers that this Regulation has
(10) In organising the provision of assistance to disabled persons           been infringed be able to bring the matter to the attention
      and persons with reduced mobility, and the training of their           of the managing body of the airport or to the attention of
      personnel, airports and air carriers should have regard to             the air carrier concerned, as the case may be. If the disabled
      document 30 of the European Civil Aviation Conference                  person or person with reduced mobility cannot obtain
      (ECAC), Part I, Section 5 and its associated annexes, in               satisfaction in such way, he or she should be free to make a
      particular the Code of Good Conduct in Ground Handling                 complaint to the body or bodies designated to that end by
      for Persons with Reduced Mobility as set out in Annex J                the relevant Member State.
      thereto at the time of adoption of this Regulation.



(11) In deciding on the design of new airports and terminals,           (17) Complaints concerning assistance given at an airport
      and as part of major refurbishments, managing bodies of                should be addressed to the body or bodies designated for
      airports should, where possible, take into account the needs           the enforcement of this Regulation by the Member State
      of disabled persons and persons with reduced mobility.                 where the airport is situated. Complaints concerning
      Similarly, air carriers should, where possible, take such              assistance given by an air carrier should be addressed to
      needs into account when deciding on the design of new and              the body or bodies designated for the enforcement of this
      newly refurbished aircraft.                                            Regulation by the Member State which has issued the
                                                                             operating licence to the air carrier.
(1) 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     (2) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation
    (OJ L 284, 31.10.2003, p. 1).                                           (EC) No 1882/2003.
26.7.2006            EN                            Official Journal of the European Union                                          L 204/3


(18) Member States should lay down penalties applicable to               5. In so far as the provisions of this Regulation conflict with
     infringements of this Regulation and ensure that those              those of Directive 96/67/EC, this Regulation shall prevail.
     penalties are applied. The penalties, which could include
     ordering the payment of compensation to the person
     concerned, should be effective, proportionate and dissua-           6. Application of this Regulation to Gibraltar airport is
     sive.                                                               understood to be without prejudice to the respective legal
                                                                         positions of the Kingdom of Spain and the United Kingdom of
                                                                         Great Britain and Northern Ireland with regard to the dispute
                                                                         over sovereignty over the territory in which the airport is
(19) Since the objectives of this Regulation, namely to ensure
                                                                         situated.
     high and equivalent levels of protection and assistance
     throughout the Member States and to ensure that economic
     agents operate under harmonised conditions in a single              7. Application of this Regulation to Gibraltar airport shall be
     market, cannot sufficiently be achieved by the Member               suspended until the arrangements included in the Joint
     States and can therefore, by reason of the scale or effects of      Declaration made by the Foreign Ministers of the Kingdom of
     the action, be better achieved at Community level, the              Spain and the United Kingdom of Great Britain and Northern
     Community may adopt measures, in accordance with the                Ireland on 2 December 1987 enter into operation. The
     principle of subsidiarity as set out in Article 5 of the Treaty.    Governments of Spain and of the United Kingdom shall inform
     In accordance with the principle of proportionality as set          the Council of the date of entry into operation.
     out in that Article, this Regulation does not go beyond
     what is necessary in order to achieve those objectives.
                                                                                                          Article 2

(20) This Regulation respects the fundamental rights and
     observes the principles recognised in particular by the                                         Definitions
     Charter of Fundamental Rights of the European Union.
                                                                         For the purposes of this Regulation the following definitions
                                                                         shall apply:
(21) Arrangements for greater cooperation over the use of
     Gibraltar airport were agreed in London on 2 December
     1987 by the Kingdom of Spain and the United Kingdom of              (a)   `disabled person' or `person with reduced mobility' means
     Great Britain and Northern Ireland in a joint declaration by              any person whose mobility when using transport is reduced
     the Ministers of Foreign Affairs of the two countries. Such               due to any physical disability (sensory or locomotor,
     arrangements have yet to enter into operation,                            permanent or temporary), intellectual disability or impair-
                                                                               ment, or any other cause of disability, or age, and whose
                                                                               situation needs appropriate attention and the adaptation to
HAVE ADOPTED THIS REGULATION:                                                  his or her particular needs of the service made available to
                                                                               all passengers;

                             Article 1
                                                                         (b)   `air carrier' means an air transport undertaking with a valid
                                                                               operating licence;
                       Purpose and scope
                                                                         (c)   `operating air carrier' means an air carrier that performs or
                                                                               intends to perform a flight under a contract with a
1. This Regulation establishes rules for the protection of and
                                                                               passenger or on behalf of another person, legal or natural,
provision of assistance to disabled persons and persons with
                                                                               having a contract with that passenger;
reduced mobility travelling by air, both to protect them against
discrimination and to ensure that they receive assistance.
                                                                         (d)   `Community air carrier' means an air carrier with a valid
                                                                               operating licence granted by a Member State in accordance
2. The provisions of this Regulation shall apply to disabled                   with Council Regulation (EEC) No 2407/92 of 23 July 1992
persons and persons with reduced mobility, using or intending to               on licensing of air carriers (1);
use commercial passenger air services on departure from, on
transit through, or on arrival at an airport, when the airport is
situated in the territory of a Member State to which the Treaty          (e)   `tour operator' means, with the exception of an air carrier,
applies.                                                                       an organiser or retailer within the meaning of Article 2(2)
                                                                               and (3) of Directive 90/314/EEC;

3. Articles 3, 4 and 10 shall also apply to passengers departing
from an airport situated in a third country to an airport situated       (f)   `managing body of the airport' or `managing body' means a
in the territory of a Member State to which the Treaty applies, if             body which notably has as its objective under national
the operating carrier is a Community air carrier.                              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
4. This Regulation shall not affect the rights of passengers                   airport system;
established by Directive 90/314/EEC and under Regulation (EC)
No 261/2004.                                                             (1) OJ L 240, 24.8.1992, p. 1.
L 204/4               EN                          Official Journal of the European Union                                         26.7.2006


(g)   `airport user' means any natural or legal person responsible      (b)   if the size of the aircraft or its doors makes the embarkation
      for the carriage of passengers by air from or to the airport            or carriage of that disabled person or person with reduced
      in question;                                                            mobility physically impossible.

(h)   `Airport Users Committee' means a committee of repre-
      sentatives of airport users or organisations representing         In the event of refusal to accept a reservation on the grounds
      them;                                                             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
(i)   `reservation' means the fact that the passenger has a ticket,     question.
      or other proof, which indicates that the reservation has
      been accepted and registered by the air carrier or tour
      operator;
                                                                        A disabled person or a person with reduced mobility who has
                                                                        been denied embarkation on the grounds of his or her disability
(j)   `airport' means any area of land specially adapted for the        or reduced mobility and any person accompanying this person
      landing, taking-off and manoeuvres of aircraft, including         pursuant to paragraph 2 of this Article shall be offered the right
      ancillary installations which these operations may involve        to reimbursement or re-routing as provided for in Article 8 of
      for the requirements of aircraft traffic and services             Regulation (EC) No 261/2004. The right to the option of a return
      including installations needed to assist commercial air           flight or re-routing shall be conditional upon all safety
      services;                                                         requirements being met.

(k)   `airport car park' means a car park, within the airport
      boundaries or under the direct control of the managing            2. Under the same conditions referred to in paragraph 1, first
      body of an airport, which directly serves the passengers          subparagraph, point (a), an air carrier or its agent or a tour
      using that airport;                                               operator may require that a disabled person or person with
                                                                        reduced mobility be accompanied by another person who is
(l)   `commercial passenger air service' means a passenger air          capable of providing the assistance required by that person.
      transport service operated by an air carrier through a
      scheduled or nonscheduled flight offered to the general
      public for valuable consideration, whether on its own or as       3. An air carrier or its agent shall make publicly available, in
      part of a package.                                                accessible formats and in at least the same languages as the
                                                                        information made available to other passengers, the safety rules
                             Article 3                                  that it applies to the carriage of disabled persons and persons
                                                                        with reduced mobility, as well as any restrictions on their
                                                                        carriage or on that of mobility equipment due to the size of
               Prevention of refusal of carriage                        aircraft. A tour operator shall make such safety rules and
                                                                        restrictions available for flights included in package travel,
                                                                        package holidays and package tours which it organises, sells or
An air carrier or its agent or a tour operator shall not refuse, on     offers for sale.
the grounds of disability or of reduced mobility:

(a)   to accept a reservation for a flight departing from or            4. When an air carrier or its agent or a tour operator exercises a
      arriving at an airport to which this Regulation applies;          derogation under paragraphs 1 or 2, it shall immediately inform
                                                                        the disabled person or person with reduced mobility of the
(b)   to embark a disabled person or a person with reduced              reasons therefor. On request, an air carrier, its agent or a tour
      mobility at such an airport, provided that the person             operator shall communicate these reasons in writing to the
      concerned has a valid ticket and reservation.                     disabled person or person with reduced mobility, within five
                                                                        working days of the request.

                             Article 4
                                                                                                     Article 5
      Derogations, special conditions and information

1. Notwithstanding the provisions of Article 3, an air carrier or              Designation of points of arrival and departure
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:
                                                                        1. In cooperation with airport users, through the Airport Users
                                                                        Committee where one exists, and relevant organisations
(a)   in order to meet applicable safety requirements established       representing disabled persons and persons with reduced
      by international, Community or national law or in order to        mobility, the managing body of an airport shall, taking account
      meet safety requirements established by the authority that        of local conditions, designate points of arrival and departure
      issued the air operator's certificate to the air carrier          within the airport boundary or at a point under the direct
      concerned;                                                        control of the managing body, both inside and outside terminal
26.7.2006             EN                          Official Journal of the European Union                                             L 204/5


buildings, at which disabled persons or persons with reduced            such assistance has been made to the air carrier or its agent or
mobility can, with ease, announce their arrival at the airport and      the tour operator concerned at least 48 hours before the
request assistance.                                                     published time of departure of the flight. This notification shall
                                                                        also cover a return flight, if the outward flight and the return
                                                                        flight have been contracted with the same air carrier.
2. The points of arrival and departure referred to in
paragraph 1, shall be clearly signed and shall offer basic
information about the airport, in accessible formats.                   2. Where use of a recognised assistance dog is required, this
                                                                        shall be accommodated provided that notification of the same is
                                                                        made to the air carrier or its agent or the tour operator in
                             Article 6                                  accordance with applicable national rules covering the carriage
                                                                        of assistance dogs on board aircraft, where such rules exist.

                 Transmission of information
                                                                        3. If no notification is made in accordance with paragraph 1,
                                                                        the managing body shall make all reasonable efforts to provide
1. Air carriers, their agents and tour operators shall take all         the assistance specified in Annex I in such a way that the person
measures necessary for the receipt, at all their points of sale in      concerned is able to take the flight for which he or she holds a
the territory of the Member States to which the Treaty applies,         reservation.
including sale by telephone and via the Internet, of notifications
of the need for assistance made by disabled persons or persons
with reduced mobility.                                                  4. The provisions of paragraph 1 shall apply on condition that:


2. When an air carrier or its agent or a tour operator receives a       (a)   the person presents himself or herself for check-in:
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                  (i)    at the time stipulated in advance and in writing
departure time for the flight:                                                       (including by electronic means) by the air carrier or its
                                                                                     agent or the tour operator, or

(a)   to the managing bodies of the airports of departure, arrival
      and transit, and                                                        (ii)   if no time is stipulated, not later than one hour before
                                                                                     the published departure time, or

(b)   to the operating air carrier, if a reservation was not made
      with that carrier, unless the identity of the operating air       (b)   the person arrives at a point within the airport boundary
      carrier is not known at the time of notification, in which              designated in accordance with Article 5:
      case the information shall be transmitted as soon as
      practicable.
                                                                              (i)    at the time stipulated in advance and in writing
                                                                                     (including by electronic means) by the air carrier or its
3. In all cases other than those mentioned in paragraph 2, the                       agent or the tour operator, or
air carrier or its agent or tour operator shall transmit the
information as soon as possible.
                                                                              (ii)   if no time is stipulated, not later than two hours
                                                                                     before the published departure time.
4. As soon as possible after the departure of the flight, an
operating air carrier shall inform the managing body of the
airport of destination, if situated in the territory of a Member        5. When a disabled person or person with reduced mobility
State to which the Treaty applies, of the number of disabled            transits through an airport to which this Regulation applies, or is
persons and persons with reduced mobility on that flight                transferred by an air carrier or a tour operator from the flight for
requiring assistance specified in Annex I and of the nature of that     which he or she holds a reservation to another flight, the
assistance.                                                             managing body shall be responsible for ensuring the provision of
                                                                        the assistance specified in Annex I in such a way that the person
                                                                        is able to take the flight for which he or she holds a reservation.
                             Article 7

                                                                        6. On the arrival by air of a disabled person or person with
                Right to assistance at airports                         reduced mobility at an airport to which this Regulation applies,
                                                                        the managing body of the airport shall be responsible for
                                                                        ensuring the provision of the assistance specified in Annex I in
1. When a disabled person or person with reduced mobility               such a way that the person is able to reach his or her point of
arrives at an airport for travel by air, the managing body of the       departure from the airport as referred to in Article 5.
airport shall be responsible for ensuring the provision of the
assistance specified in Annex I in such a way that the person is
able to take the flight for which he or she holds a reservation,        7. The assistance provided shall, as far as possible, be
provided that the notification of the person's particular needs for     appropriate to the particular needs of the individual passenger.
L 204/6              EN                           Official Journal of the European Union                                          26.7.2006


                            Article 8                                   2. In the setting of such standards, full account shall be taken
                                                                        of internationally recognised policies and codes of conduct
                                                                        concerning facilitation of the transport of disabled persons or
          Responsibility for assistance at airports                     persons with reduced mobility, notably the ECAC Code of Good
                                                                        Conduct in Ground Handling for Persons with Reduced Mobility.

1. The managing body of an airport shall be responsible for
ensuring the provision of the assistance specified in Annex I           3. The managing body of an airport shall publish its quality
without additional charge to disabled persons and persons with          standards.
reduced mobility.
                                                                        4. An air carrier and the managing body of an airport may
                                                                        agree that, for the passengers whom that air carrier transports to
2. The managing body may provide such assistance itself.                and from the airport, the managing body shall provide assistance
Alternatively, in keeping with its responsibility, and subject          of a higher standard than the standards referred to in paragraph 1
always to compliance with the quality standards referred to in          or provide services additional to those specified in Annex I.
Article 9(1), the managing body may contract with one or more
other parties for the supply of the assistance. In cooperation with
airport users, through the Airport Users Committee where one            5. For the purpose of funding either of these, the managing
exists, the managing body may enter into such a contract or             body may levy a charge on the air carrier additional to that
contracts on its own initiative or on request, including from an        referred to in Article 8(3), which shall be transparent, costrelated
air carrier, and taking into account the existing services at the       and established after consultation of the air carrier concerned.
airport concerned. In the event that it refuses such a request, the
managing body shall provide written justification.
                                                                                                      Article 10

3. The managing body of an airport may, on a non-                                            Assistance by air carriers
discriminatory basis, levy a specific charge on airport users for
the purpose of funding this assistance.
                                                                        An air carrier shall provide the assistance specified in Annex II
                                                                        without additional charge to a disabled person or person with
4. This specific charge shall be reasonable, cost-related,              reduced mobility departing from, arriving at or transiting
transparent and established by the managing body of the airport         through an airport to which this Regulation applies provided
in cooperation with airport users, through the Airport Users            that the person in question fulfils the conditions set out in
Committee where one exists or any other appropriate entity. It          Article 7(1), (2) and (4).
shall be shared among airport users in proportion to the total
number of all passengers that each carries to and from that
airport.                                                                                              Article 11

                                                                                                       Training
5. The managing body of an airport shall separate the accounts
of its activities relating to the assistance provided to disabled
persons and persons with reduced mobility from the accounts of          Air carriers and airport managing bodies shall:
its other activities, in accordance with current commercial
practice.
                                                                        (a)     ensure that all their personnel, including those employed by
                                                                                any sub-contractor, providing direct assistance to disabled
6. The managing body of an airport shall make available to                      persons and persons with reduced mobility have knowledge
airport users, through the Airport Users Committee where one                    of how to meet the needs of persons having various
exists or any other appropriate entity, as well as to the                       disabilities or mobility impairments;
enforcement body or bodies referred to in Article 14, an audited
annual overview of charges received and expenses made in                (b)     provide disability-equality and disability-awareness training
respect of the assistance provided to disabled persons and                      to all their personnel working at the airport who deal
persons with reduced mobility.                                                  directly with the travelling public;

                            Article 9                                   (c)     ensure that, upon recruitment, all new employees attend
                                                                                disabilityrelated training and that personnel receive
                                                                                refresher training courses when appropriate.
               Quality standards for assistance
                                                                                                      Article 12
1. With the exception of airports whose annual traffic is less
than 150 000 commercial passenger movements, the managing                     Compensation for lost or damaged wheelchairs, other
body shall set quality standards for the assistance specified in                  mobility equipment and assistive devices
Annex I and determine resource requirements for meeting them,
in cooperation with airport users, through the Airport Users
Committee where one exists, and organisations representing              Where wheelchairs or other mobility equipment or assistive
disabled passengers and passengers with reduced mobility.               devices are lost or damaged whilst being handled at the airport or
26.7.2006            EN                          Official Journal of the European Union                                             L 204/7


transported on board aircraft, the passenger to whom the               other competent body designated by a Member State, about an
equipment belongs shall be compensated, in accordance with             alleged infringement of this Regulation.
rules of international, Community and national law.
                                                                       3. A body in one Member State which receives a complaint
                            Article 13                                 concerning a matter that comes under the responsibility of a
                                                                       designated body of another Member State shall forward the
                     Exclusion of waiver                               complaint to the body of that other Member State.
Obligations towards disabled persons and persons with reduced          4. The Member States shall take measures to inform disabled
mobility pursuant to this Regulation shall not be limited or           persons and persons with reduced mobility of their rights under
waived.                                                                this Regulation and of the possibility of complaint to this
                            Article 14                                 designated body or bodies.

               Enforcement body and its tasks                                                       Article 16

1. Each Member State shall designate a body or bodies                                               Penalties
responsible for the enforcement of this Regulation as regards
flights departing from or arriving at airports situated in its         The Member States shall lay down rules on penalties applicable
territory. Where appropriate, this body or bodies shall take the       to infringements of this Regulation and shall take all the
measures necessary to ensure that the rights of disabled persons       measures necessary to ensure that those rules are implemented.
and persons with reduced mobility are respected, including             The penalties provided for must be effective, proportionate and
compliance with the quality standards referred to in Article 9(1).     dissuasive. The Member States shall notify those provisions to the
The Member States shall inform the Commission of the body or           Commission and shall notify it without delay of any subsequent
bodies designated.                                                     amendment affecting them.

2. Member States shall, where appropriate, provide that the                                         Article 17
enforcement body or bodies designated under paragraph 1 shall
also ensure the satisfactory implementation of Article 8,                                            Report
including as regards the provisions on charges with a view to
avoiding unfair competition. They may also designate a specific        The Commission shall report to the European Parliament and the
body to that effect.                                                   Council by 1 January 2010 at the latest on the operation and the
                                                                       effects of this Regulation. The report shall be accompanied where
                            Article 15                                 necessary by legislative proposals implementing in further detail
                                                                       the provisions of this Regulation, or revising it.
                     Complaint procedure
                                                                                                    Article 18
1. A disabled person or person with reduced mobility who
considers that this Regulation has been infringed may bring the                                 Entry into force
matter to the attention of the managing body of the airport or to
the attention of the air carrier concerned, as the case may be.        This Regulation shall enter into force on the 20th day following
                                                                       that of its publication in the Official Journal of the European Union.
2. If the disabled person or person with reduced mobility
cannot obtain satisfaction in such way, complaints may be made         It shall apply with effect from 26 July 2008, except Articles 3
to any body or bodies designated under Article 14(1), or to any        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.

                    Done at Strasbourg, 5 July 2006.

                                         For the European Parliament                     The President
                                                 The President                          For the Council
                                          J. BORRELL FONTELLES                         P. LEHTOMÄKI
L 204/8           EN                              Official Journal of the European Union                                                 26.7.2006


                                                                  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:

          --   communicate their arrival at an airport and their request for assistance at the designated points inside and outside
               terminal buildings mentioned in Article 5,

          --   move from a designated point to the check-in counter,

          --   check-in and register baggage,

          --   proceed from the check-in counter to the aircraft, with completion of emigration, customs and security procedures,

          --   board the aircraft, with the provision of lifts, wheelchairs or other assistance needed, as appropriate,

          --   proceed from the aircraft door to their seats,

          --   store and retrieve baggage on the aircraft,

          --   proceed from their seats to the aircraft door,

          --   disembark from the aircraft, with the provision of lifts, wheelchairs or other assistance needed, as appropriate,

          --   proceed from the aircraft to the baggage hall and retrieve baggage, with completion of immigration and customs
               procedures,

          --   proceed from the baggage hall to a designated point,

          --   reach connecting flights when in transit, with assistance on the air and land sides and within and between terminals as
               needed,

          --   move to the toilet facilities if required.

          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 likeforlike basis.

          Ground handling of recognised assistance dogs, when relevant.

          Communication of information needed to take flights in accessible formats.
26.7.2006            EN                              Official Journal of the European Union                                                 L 204/9


                                                                      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.