8. 2. 91 Official Journal of the European Communities No L 36/5 COUNCIL REGULATION (EEC) No 295/91 of 4 February 1991 establishing common rules for a denied-boarding compensation system in scheduled air transport THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 84 (2) thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the European Parliament (3), Having regard to the opinion of the Economic and Social Committee (%), Whereas liberalization measures adopted by the Council in July 1990 represent a further step towards a fully developed common air transport policy ; Whereas common action in the field of the protection of the interests of air transport users is required, in order to ensure a well-balanced development in the light of the radically changing environment in which air carriers have to operate ; Whereas current practice in the field of denied-boarding compensation differs substantially between air carriers ; * Whereas certain common minimum standards in the field of denied-boarding compensation should ensure that the quality of air carriers’ services is maintained in a context of increased competition ; Whereas an air carrier should be obliged to establish rules for boarding in the event of an overbooked flight; Whereas in the event of boarding being denied the rights of passengers should be defined; Whereas air carriers should be obliged to pay compensa- tion and to provide additional services to passengers who are denied boarding; Whereas passengers should be clearly informed about applicable rules, HAS ADOPTED THIS REGULATION : Article 1 This Regulation establishes common minimum rules applicable where passengers are denied access to an over- () OJ No C 129, 24. 5. 1990, p. 15. - () OJ No C 19, 28. 1. 1991. () OJ No C 31, 6. 2. 1991. booked scheduled flight for which they have a valid ticket and a confirmed reservation departing from an airport located in the territory of a Member State to which the Treaty applies, irrespective of the State where the air carrier is established, the nationality of the passenger and the point of destination. Article 2 For the purposes of this Regulation : {a) ‘denied boarding’ means a refusal to accommodate passengers on a flight although they have: — a valid ticket, — a confirmed reservation on that flight, and — presented themselves for check-in within the required time limit and as stipulated ; (b) ‘confirmed reservation’ means that a ticket sold by the air carrier or its authorized travel agent contains: — a specification of the number, date and time of the flight, and — the notation ‘OK’, or any other entry, in the appropriate space on the ticket signifying the registration by the air carrier as well as the express confirmation by the air carrier of the reservation ; {c) ‘scheduled flight’ means a flight possessing all of the following characteristics : — it is performed by aircraft for the transport of passengers or passengers and cargo and/or mail for remuneration, in such a manner that, for each flight, seats are available for purchase by members of the public, either directly from the carrier or from its authorized agents, — it is operated to serve traffic between two or more points, either : (i) according to a published timetable ; or (ii) with flights so regular or frequent that they constitute a recognizably systematic series ; (d) ‘overbooked flight' means a flight where the number of passengers holding a confirmed reservation and presenting themselves for check-in within the required time limit and as stipulated exceeds the number of available seats on that flight;