101 Amendments of Sergio GUTIÉRREZ PRIETO related to 2017/0237(COD)
Amendment 30 #
Proposal for a regulation
Recital 1
Recital 1
(1) A number of amendments are to be made to Regulation (EC) No 1371/2007 of the European Parliament and of the Council24 . Iin order to provide improved protection for passengers and encourage increased rail travel, with due regard to Articles 11, 12 and 14 of the Treaty on the Functioning of the European Union in particular. In view of these amendments and in the interests of clarity, that Regulation should1371/2007 should therefore be recast. __________________ 24 Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14).
Amendment 35 #
Proposal for a regulation
Recital 6
Recital 6
Amendment 40 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 41 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 43 #
Proposal for a regulation
Recital 9
Recital 9
(9) Users’ rights to rail services include the receipt of information regarding those services and related matters both before and during the journey. Whenever possible, railway undertakings and ticket vendors should provide this information in advance and as soon as possible. That information should be provided in accessible formats for persons with disabilities or persons with reduced mobility.
Amendment 50 #
Proposal for a regulation
Recital 12
Recital 12
(12) In the context of the sale of tickets for the transport of passengers, Member States should take all necessary measures to prohibit discrimination on the basis of nationality or residence, regardless whether the passenger concerned is present, permanently or on a temporary basis, in another Member State. Those measures should cover all covert forms of discrimination which, by the application of other criteria, such as residence, physical or digital location, may have the same effect. In light of the development of online platforms selling passenger transport tickets, Member States should pay special attention to ensuring that no discrimination occurs during the process of accessing online interfaces or purchasing tickets. However, transport schemes involving social tariffs should not be automatically precluded, provided that they are proportionate and independent of the nationality of the persons concerned.
Amendment 51 #
Proposal for a regulation
Recital 13
Recital 13
(13) The increasing popularity of cycling across the Union has implications for overall mobility and tourism. An increase in the use of both railways and cycling in the modal split reduces the environmental impact of transport. Therefore, railway undertakings should facilitate the combination of cycling and train journeys as much as possible, in particular by allowing the carriage of bicycles on board trainand providing adequate capacity for the carriage of bicycles on board all types of trains, including on long-distance services and cross-border journeys.
Amendment 59 #
Proposal for a regulation
Recital 14
Recital 14
(14) Railway undertakings should facilitate the transfer of rail passengers from one operator to another by the provision of through-tickets. In this respect, wthenever possibley should also cooperate with ticket vendors providing combined journeys.
Amendment 71 #
Proposal for a regulation
Recital 20
Recital 20
(20) In the event of delay, passengers should be provided with continued or re- routed transport options under comparable transport conditions. The needs of persons with disabilities and persons with reduced mobility should in particular be taken into account in such an event.
Amendment 78 #
Proposal for a regulation
Recital 21
Recital 21
(21) However, a railway undertaking should not be obliged to pay compensation if it can prove that the delay was caused by severe weather conditions or major natural disasters endangering the safe operation of the service. Any such event should have the character of an exceptional natural catastrophe, as distinct from normal seasonal weather conditions, such as autumnal storms or regularly occurring urban flooding caused by tides or snowmelt. Railway undertakings should prove that they could neither foresee nor prevent the delay even if all reasonable measures had been takenIn view of the decision of Court of Justice of the European Union in Case C 509/11 1a (ÖBB-Personenverkehr AG) and the need for legal certainty, protection of passengers, continued high levels of investment in railway rolling stock and infrastructure and good contingency planning, a railway undertaking should be obliged to pay compensation to a passenger for a delay or cancellation that is not the fault of that passenger, regardless of the cause of the delay or cancellation concerned. __________________ 1a1a Case C-509/11, ÖBB- Personenverkehr AG (EU: C2013:613).
Amendment 81 #
Proposal for a regulation
Recital 23
Recital 23
(23) This Regulation should not restrict the rights of railway undertakings to seek compensation where applicable from any person, including third parties, in accordance with applicable national lawfor meeting its obligations under the provisions of this Regulation to passengers.
Amendment 82 #
Proposal for a regulation
Recital 24
Recital 24
Amendment 85 #
Proposal for a regulation
Recital 29
Recital 29
(29) To maintain a high level of consumer protection in rail transport, Member States should be required to designate national enforcement bodies to monitor closely and enforce this Regulation at national level. Those bodies should be able to take a variety of enforcement measures. Passengers should be able to complain to those bodies about alleged infringements of the Regulation. To ensure the satisfactory handling of such complaints, the bodies should also cooperate with each other. , and to provide the option for passengers of binding alternative dispute resolution, in line with Directive 2013/11/EU1b.Passengers should be able to complain to those bodies about alleged infringements of the Regulation, and to use online dispute resolution established under Regulation 524/2013/EU1c where agreed. It should also be provided that complaints may be made by organisations representing groups of passengers. To ensure the satisfactory handling of such complaints, the bodies should also cooperate with each other and the Regulation should continue to be listed in the Annex to the revised Consumer Protection Cooperation Regulation 2017/2394/EU 1d. Enforcement bodies shall each year publish reports on their websites detailing the number and type of complaints that they have received, detailing the outcome of their enforcement actions. In addition, these reports shall be made available on the website of the European Union Agency for Railways. __________________ 1b1b Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 14). 1c1c Regulation 524/2013/EU of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p.1). 1d1d Regulation 2017/2394/EU of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1).
Amendment 86 #
Proposal for a regulation
Recital 31
Recital 31
(31) Member States should lay down penalties applicable to infringements of this Regulation and ensure that these penalties are applied. The penalties, which might include the payment of compensation to the person in question, should be effective, proportionate and dissuasive and should include, but not be limited to, a minimum fine or a percentage of the relevant undertaking’s or organisation’s annual turnover, whichever is the higher.
Amendment 87 #
Proposal for a regulation
Article 1 – title
Article 1 – title
Amendment 88 #
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Regulation establishes rules applicable to rail transport to provide for effective protection of passengers and encourage rail travel as regards the following:
Amendment 91 #
Proposal for a regulation
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
(d) passengers’ rights in the event ofand compensation in the event of disruption, such as cancellation or delay;
Amendment 94 #
Proposal for a regulation
Article 1 – paragraph 1 – point e
Article 1 – paragraph 1 – point e
(e) minimum, accurate, timely and accessible information to be provided to passengers;
Amendment 95 #
Proposal for a regulation
Article 1 – paragraph 1 – point f
Article 1 – paragraph 1 – point f
(f) non-discrimination against , immediate, spontaneous and mandatory assistance by trained staff for , persons with disabilities and persons with reduced mobility ;
Amendment 96 #
Proposal for a regulation
Article 1 – paragraph 1 – point h
Article 1 – paragraph 1 – point h
(h) theproper procedures for handling of complaints;
Amendment 98 #
Proposal for a regulation
Article 1 – paragraph 1 – point i
Article 1 – paragraph 1 – point i
(i) general rules on enforcement, including through the option for passengers of binding alternative dispute resolution.
Amendment 99 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
This Regulation shall apply to all domestic and, cross-border or international rail passenger journeys and services throughout the Union provided by one or more railway undertakings licensed in accordance with Directive 2012/34/EU of the European Parliament and of the Council29 operating, stopping, travelling, departing or arriving within the territory of the Union. __________________ 29 OJ L 343, 14.12.2012, p. 32.
Amendment 100 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 108 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 109 #
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 120 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
(6 a) ‘combined journey’ means a ticket or tickets representing more than one transport contract for successive railway services operated by one or more railway undertakings;
Amendment 125 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘through-ticket’ means a ticket or tickets representing a single transport contract for successive railway services operated by one or more railway undertakings, forming part of an end-to- end journey;
Amendment 127 #
Proposal for a regulation
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
(10) ‘journey’ means the carriage of a passenger between a station of departure and a station of arrival under a single transport contract;
Amendment 131 #
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
(15) ‘missed connection’ means a situation where a passenger misses one or more services in the course of a journey or combined journey as a result of the delay or cancellation of one or more previous services;
Amendment 132 #
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘ person with disabilities ’ and ‘person with reduced mobility’ means any person who has a permanent or temporary physical , mental, intellectual or sensory impairment which, in interaction with various barriers, may hinder their full and effective use of transport on an equal basis with other passengers or whose mobility when using transport is reduced due to age;
Amendment 137 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Without prejudice to social tariffs, railway undertakings, tour operators or ticket vendors shall offer contract conditions and tariffs to the general public without direct or indirect discrimination on the basis of the final customer’s nationality or residence, or the place of establishment of the railway undertaking, tour operators or ticket vendor within the Union.
Amendment 140 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Passengers shall be entitled to take bicycles on board the train, where appropriate for a reasonable fee. They shall keep their bicycles under supervision during the journey and ensure that no inconvenience or damage is caused to other passengers, mobility equipment, luggage or rail operations. The carriage of bicycles may be refused or restricted for safety or operational reasons, provided that railway undertakings, ticket vendors, tour operators and, where appropriate, station managers inform passengers of the conditions for such a refusal or restriction in accordance with Regulation (EU) No 454/2011, whether assembled or not, free of charge on board the train, all new or refurbished rolling stock shall include an appropriate designated space for the carriage of assembled bicycles.
Amendment 150 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Obligations towards passengers pursuant to this Regulation may not be limited or waived, notably by a derogation or restrictive clause in the transport contract. Any contractual conditions which purport directly or indirectly to waive, derogate from or restrict the rights resulting from this Regulation shall not be binding on the passenger.
Amendment 151 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Railway undertakings, tour operators or ticket vendors may offer contract conditions more favourable for the passenger than the conditions laid down in this Regulation.
Amendment 152 #
Proposal for a regulation
Article 8 – title
Article 8 – title
Obligation to provide information and consultation concerning discontinuation or substantial reduction of services
Amendment 153 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Railway undertakings or, where appropriate, competent authorities responsible for a public service railway contract shall make public by appropriate means, and without delay including in accessible formats for persons with disabilities in accordance with accessibility requirements laid down in Directive XXX31 , and in good time before their implementation, decisionproposals to discontinue or substantially reduce services either permanently or temporarily , and shall ensure that those proposals are subject to meaningful and proper consultation before any implementation takes place. __________________ 31 Directive XXX on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services (European Accessibility Act) (OJ L X, X.X.XXXX, p. X).
Amendment 156 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Railway undertakings, tour operators and ticket vendors offering transport contracts on their own behalf or on behalf of one or more railway undertakings shall provide the passenger, upon request, with at least the information set out in Annex II, Part I in relation to the journeys for which a transport contract is offered by the railway undertaking concerned. Ticket vendors offering transport contracts on their own account, and tour operators, shall provide this information where available.
Amendment 159 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Railway undertakings and, where possible, tour operators and ticket vendors shall provide the passenger during the journey , including at connecting stations, with at least the information set out in Annex II, Part II.
Amendment 162 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The information referred to in paragraphs 1 and 2 shall be provided in the most appropriate format including by using up-to-date communication technologies and in writing where possible. Particular attention shall be paid to ensuring that this information is accessible to persons with disabilities in accordance with the accessibility requirements laid down in Directive XXX and Regulation 454/2011 . The availability of accessible formats shall be clearly advertised.
Amendment 174 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Railway undertakings, tour operators and ticket vendors shall offer tickets and, where available, through-tickets and reservations, through-tickets, reservations and combinations of tickets that provide the most optimal and cost-effective journey or combined journey, including cross- border, in an impartial and non- discriminatory manner. They shall make all possible efforts to offer through-tickets, including for journeys across borders andor involving night trains and journeys with more than one railway undertaking.
Amendment 182 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – introductory part
Article 10 – paragraph 2 – subparagraph 1 – introductory part
Without prejudice to paragraphs 3 and 4, railway undertakings, tour operators and ticket vendors shall distribute tickets to passengers for single and any combined or return journeys via at least one of the following points of sale:
Amendment 185 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – point a a (new)
Article 10 – paragraph 2 – subparagraph 1 – point a a (new)
(a a) Member States may provide that railway undertakings, tour operators and ticket vendors shall provide tickets for services provided under public service contracts through more than one point of sale.
Amendment 190 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Railway undertakings shall offer the possibility to obtain tickets for the respective service on board the train, unless this is limited or denied on reasonable and justifiable grounds relating to security or antifraud policy or compulsory train reservation or reasonable commercial groundsspace or seat availability.
Amendment 191 #
Proposal for a regulation
Article 10 – paragraph 4 – introductory part
Article 10 – paragraph 4 – introductory part
4. Tickets shall be reprinted for passengers on the day of travel on request, either at the ticket office or through a ticketing machine. Where there is no ticket office or ticketing machine in the station of departure, or when the ticket office or ticket machine is not fully accessible passengers shall be informed at the station:
Amendment 195 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Where there is no ticket office or accessible ticketing machine in the station of departure, persons with disabilities and persons wiTickets bought on board the train shall not cost more than the reduced mobility shall be permitted to buy tickets on board the train at no extra costlevant standard fare for the journey concerned with any applicable discounts.
Amendment 206 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Where a passenger receives separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings, histheir rights to information, assistance, care and compensation shall be equivalent to those under a through-ticket and cover the whole journey from the departure to the final destination, unless the passenger is explicitly informed otherwise in writing. Such information shall in particular state that when the passenger misses a connection, he or she would not be entitled to assistance or compensation based on the total length of the journey. The burden of proof that the information was provided shall lie with the railway undertaking, its agent, tour operator or ticket vendor.
Amendment 210 #
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Where it is reasonably to be expected , either at departure or in the event of a missed connection in the course of a journey with a through-ticket, that arrival at the final destination under the transport contract will be subject to a delay of more than 6045 minutes, the passenger shall immediately have the choice between one of the following :
Amendment 214 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Without losing the right of transport, a passenger may request for the journey or combined journey a passenger shall be entitled to compensation for delays from the railway undertaking, tour operator or ticket vendor if he or she is facing a delay between the places of departure and destination stated in the transport contract for which the cost of the ticket has not been reimbursed in accordance with Article 16. The minimum compensations for delays shall be as follows:
Amendment 218 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) 25 50% of the ticket price for a delay of 6045 to 1189 minutes,;
Amendment 220 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) 50 100% of the ticket price for a delay of 1290 minutes or more.
Amendment 226 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Paragraph 1 also applies to passengers who hold a travel pass or season ticket. If they encounter recurrent delays or cancellations during the period of validity of the travel pass or season ticket, they may requestshall be entitled to adequate compensation in accordance with the railway undertaking’s compensation arrangements. These arrangements shall state the criteria for determining delay and for the calculation of the compensation. Where delays of less than 60between 15 and 45 minutes occur repeatedly during the period of validity of the travel pass or season ticket, the delays shall be counted cumulatively and passengers shall be compensated on that basis in accordance with the railway undertaking’s compensation arrangements.
Amendment 228 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Compensation for delay shall be calculated in relation to the full price which the passenger actually paid for the delayed service, ticket or combined journey. Where the transport contract is for a return journey, compensation for delay on either the outward or the return leg shall be calculated in relation to half of the price paid for the ticket or combined journey. In the same way the price for a delayed service under any other form of transport contract allowing travelling several subsequent legs shall be calculated in proportion to the full price.
Amendment 229 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 234 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The compensation of the ticket price shall be paid within one month after the submission of the request for compensation to the railway undertaking, tour operator or ticket vendor. The compensation may be paid in vouchers and/or other services if the terms are flexible (in particular regarding the validity period and destination). The compensation shall be paid in money at the request of the passenger.
Amendment 236 #
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
6. The compensation of the ticket price shall not be reduced by financial transaction costs such as fees, telephone costs or stamps. Railway undertakings may introduce a minimum threshold under which payments for compensation will not be paid. This threshold shall not exceed EUR 4 per ticket5.
Amendment 238 #
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. The passenger shall not have any right to compensation if the isy are informed of a delay before he buysbuying a ticket, or if a delay due to continuation on a different service or re-routing remains below 6045 minutes.
Amendment 242 #
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
Amendment 250 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. In the case of a delay in arrival or departure, passengers shall be kept informed of the situation and of the estimated departure time and estimated arrival time by the railway undertaking, tour operator or ticket vendor or by the station manager as soon as such information is available.
Amendment 251 #
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. In the case of any delay as referred to in paragraph 1 of more than 6045 minutes, passengers shall also be offered free of charge:
Amendment 254 #
Proposal for a regulation
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) meals and refreshments in reasonable relation to the waiting time, if they are available on the train or in the station, or can reasonably be supplied taking into account criteria such as the distance from the supplier, the time required for delivery and the cost ;
Amendment 256 #
Proposal for a regulation
Article 18 – paragraph 2 – point c
Article 18 – paragraph 2 – point c
(c) if the train is blocked on the track, accessible transport from the train to the railway station, to the alternative departure point or to the final destination of the service, where and when physically possible.
Amendment 259 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. If the railway service cannot be continued anymore, railway undertakings shall organise as soon as possible alternative accessible transport services for passengers.
Amendment 263 #
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. In addition to the obligations on railway undertakings pursuant to Article 13a (3) of Directive 2012/34/EU, the station manager of a railway station handling at least 105 000 passengers per day on average over a year shall ensure that the operations of the station, the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station. The plan shall pay particular attention to the needs of persons with disabilities and persons with reduced mobility and shall ensure that stranded passengers are provided with adequate assistance and information, including in accessible formats in accordance with the accessibility requirements laid down in Directive XXX. The plan shall also include requirements for the accessibility of alert and information systems. Upon request, the station manager shall make the plan, and any amendments to it, available to the national enforcement body or to any other body designated by a Member State. Station managers of railway stations handling fewer than 105 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations.
Amendment 270 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Where a railway undertaking pays compensation or meets its other obligations in accordance with this Regulation, no provision of this Regulation or national law may be interpreted as restricting its right to seek compensation for costs from any person, including third parties, in accordance with the law applicable. In particular, this Regulation shall in no way restrict the railway undertaking's right to seek reimbursement from a third party, with whom it has a contract and which contributed to the event which triggered compensation or other obligations. No provision of this Regulation may be interpreted as restricting the right of a third party, other than a passenger, with whom a railway undertaking has a contract, to seek reimbursement or compensation from the railway undertaking in accordance with applicable relevant laws.
Amendment 273 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Railway undertakings and station managers shall, with the active involvement of representative organisations of persons with disabilities and persons with reduced mobility, establish, or shall have in place, non- discriminatory access rules for the transport of persons with disabilities and persons with reduced mobility including their personal assistants. The rules shall allow the passenger to be accompanied by an assistance dog service animal in accordance with any relevant national rules, and shall ensure that rail transport for persons with disabilities and persons with reduced mobility is immediate and spontaneous wherever possible.
Amendment 278 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. When a railway undertaking, ticket vendor or tour operator exercises the derogation provided for in Article 20(2), it shall upon request inform in writing the person with disabilities or person with reduced mobility concerned of its reasons for doing so within five working days of the refusal to make the reservation or to issue the ticket or the imposition of the condition of being accompanied. The railway undertaking, ticket vendor or tour operator shall make reasonable efforts to propose an alternative transport option to the person in question taking into account his or her accessibility needs.
Amendment 283 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. On departure from, transit through or arrival at, a staffed railway station of a person with disabilities or a person with reduced mobility, the station manager or the railway undertaking or both shall provide assistance free of charge in such a way that that person is able to board the departing service, or to disembark from the arriving service for which he or she purchased a ticket, without prejudice to the access rules referred to in Article 20(1). Any booking of assistance shall always be free of charge, irrespective of the method of communication used.
Amendment 287 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. AWithout prejudice to paragraph 3 of this Article, assistance shall be available in stations during all times when rail services operate.
Amendment 295 #
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) assistance shall be provided on condition that the railway undertaking, the station manager, the ticket vendor or the tour operator with which the ticket was purchased is notified of the person’s need for such assistance at least 48 hours before the assistance is neededupon booking the ticket or upon arrival at the station. Where a ticket or season ticket permits multiple journeys, one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided. Such notifications shall be forwarded to all other railway undertakings and station managers involved in the person’s journey;
Amendment 299 #
Proposal for a regulation
Article 24 – paragraph 1 – point e
Article 24 – paragraph 1 – point e
(e) assistance shall be provided on condition that the person with disabilities or person with reduced mobility presents him or herself at the designated point at a time stipulated by the railway undertaking or station manager providing such assistance. Any time stipulated shall not be more than 60 minutes before the published departure time or the time at which all passengers are asked to check in. If no time is stipulated by which the person with disabilities or person with reduced mobility is required to present him or herself, the person shall present him or herself at the designated point at least 30 minutes before the published departure time orthemselves at the designated point at the time at which all passengers are asked to check in.
Amendment 301 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Where railway undertakings and station managers cause loss of, or damage to, wheelchairs, other mobility equipment or assistive devices and assistant dogservice animals used by persons with disabilities and persons with reduced mobility, they shall be liable for and compensate that loss or damage .
Amendment 303 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The compensation for loss or damage referred to in paragraph 1 shall be equal to the cost of replacement orpaid within one month of submission of a claim and be equal to the cost of replacement based on the actual value, or on the full costs of repair, of the wheelchair, equipment or, devices lost or damaged. or the loss or injury of the service animal. The compensation shall also include the cost of temporary replacement in case of repair, when those costs are borne by the passenger.
Amendment 307 #
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) ensure that all personnelstaff, including those employed by any other performing party, providing direct assistance to persons with disabilities and persons with reduced mobility,receive disability-related training in order to know how to meet the needs of persons with disabilities and of persons with reduced mobility, including those with mental and intellectual impairments;
Amendment 308 #
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) provide training to raise awareness of the needs of persons with disabilities among all personnel working at the station who deal directly with the travelling publicstaff;
Amendment 312 #
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) ensure that, upon recruitment, all new employeesstaff receive disability-related training, and that personnel attend regular refresher training courses.ttend regular refresher training courses, and that advanced level or more specialised disability-related training is also provided where necessary;
Amendment 313 #
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
(d) accept upon requestencourage actively the participation, in the training, of employeesstaff with disabilities, as well as passengers with disabilities and with reduced mobility, and/or organisations representing them.;
Amendment 316 #
Proposal for a regulation
Article 26 – paragraph 1 – point d a (new)
Article 26 – paragraph 1 – point d a (new)
(da) involve organisations representing persons with disabilities and with reduced mobility in the design and delivery of disability-related training;
Amendment 317 #
Proposal for a regulation
Article 26 – paragraph 1 – point d b (new)
Article 26 – paragraph 1 – point d b (new)
(db) disability-related training courses mentioned in paragraphs (a) to (e) of this Article shall meet the specifications set out in Annex VI.
Amendment 321 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. All railway undertakings, ticket vendors, station managers and infrastructure managers of stations handling more than 10 0500 passengers per day on average over a year shall each set up a complaint-handling mechanism for the rights and obligations covered in this Regulation in their respective field of responsibility . They shall make their contact details and working language(s) widely known to passengers.
Amendment 324 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Passengers may submit a complaint to any railway undertaking, ticket vendor, railway stationstation manager or infrastructure manager involved. Complaints shall be submitted within six months of the incident that is the subject of the complaint. Within one month of receivsubmitting the complaint, the addressee shall either give a reasoned reply or, in justified cases, inform the passenger by what date within a period of less than three months from the date of receipt of the complaint a reply can be expected. Railway undertakings, ticket vendors, station managers and infrastructure managers shall keep the incident data necessary to assess the complaint for two years and make them available to national enforcement bodies upon request.
Amendment 325 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Details of the complaint handling procedure shall be accessible to persons with disabilities and with reduced mobility. This information shall be made freely available in writing upon request in the domestic language of the railway undertaking.
Amendment 333 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The national enforcement bodies shall closely monitor compliance with this Regulation and take the measures necessary to ensure that the rights of passengers are upheld. For this purpose, railway undertakings, station managers and infrastructure managers shall provide the bodies with relevant documents and information at their request without delay and in any event within one month. In carrying out their functions, the bodies shall take account of the information submitted to them by the body designated under Article 33 to handle complaints, if this is a different body. They may also decide on enforcement actions based on individual complaints transmitted by such a bodyMember States shall ensure that national enforcement and complaint handling bodies shall be given sufficient powers and resources for the adequate and effective enforcement of individual complaints from passengers under this Regulation.
Amendment 335 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The national enforcement bodies shall publish statistics on their activityeach year publish reports with statistics on their websites detailing the number and type of complaints that they have received, detailing the outcome of their enforcement actions, including onthe sanctions applied, every year, at the latest at the end of April of the following calendar yearthat they have applied. This shall be done for each year by no later than the first day of April of the succeeding year. In addition, these reports shall be made available on the website of the European Union Agency for Railways.
Amendment 337 #
Proposal for a regulation
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3a. The national enforcement bodies, in collaboration with organisations representative of persons with disabilities and with reduced mobility, shall conduct regular audits of the assistance services provided in accordance with this Regulation and publish the results inaccessible formats.
Amendment 338 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Without prejudice to the rights of consumers to seek alternative redress pursuant to Directive 2013/11/EU of the European Parliament and of the Council32 , after having complained unsuccessfully to the railway undertaking, ticket vendor, station or infrastructure manager pursuant to Article 28, the passenger may complain to an enforcement body. Enforcement bodies shall inform complainants about their right to complain to alternative dispute resolution bodies to seek individual redress. __________________Member States shall ensure that enforcement or complaint-handling bodies are recognised for the purposes of alternative redress schemes pursuant to Directive 2013/11/EU, and that where passengers seek alternative redress, the railway undertaking, ticket vendor, station or infrastructure manager concerned is required to participate and the outcome shall be binding on and effectively enforceable against them2a . __________________ 2aDirective 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive2009/22/EC (OJ L 165, 18.6.2013, p. 14). 32 Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 14).
Amendment 339 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Any passenger may complain to the national enforcement body, or any other body designated by a Member State for that purpose, about an alleged infringement of this Regulation. Complaints may also be made by organisations representing groups of passengers.
Amendment 340 #
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 1
Article 33 – paragraph 3 – subparagraph 1
The body shall acknowledge receipt of the complaint within two weeks of receiving it. The complaint-handling procedure shall take a maximum of three months. For complex cases, the body may, at its discretion, extend this period to six months. In such a case, it shall inform the passenger or organisation representing passengers of the reasons for the extension and of the expected time needed to conclude the procedure. Only cases that involve legal proceedings may take longer than six months. Where the body is also an alternative dispute resolution body within the meaning of Directive 2013/11/EU, the time limits laid down in that Directive shall prevail and the use of online dispute resolution in accordance with Regulation 524/2013/EU2b may be made available with the agreement of all parties involved. __________________ 2bRegulation 524/2013/EU of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive2009/22/EC (OJ L 165, 18.6.2013, p.1).
Amendment 343 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive, and shall include, but not be limited to, a minimum fine or a percentage of the relevant undertaking or organisation’s annual turnover, whichever is the higher. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them.
Amendment 358 #
Proposal for a regulation
Annex II – title
Annex II – title
MINIMUM INFORMATION TO BE PROVIDED BY RAILWAY UNDERTAKINGS, TOUR OPERATORS AND TICKET VENDORS
Amendment 359 #
Proposal for a regulation
Annex II – part I – indent 1
Annex II – part I – indent 1
- - General conditions applicable to the contract or contracts that form part of the journey or combined journey
Amendment 360 #
Proposal for a regulation
Annex II – part I – indent 2
Annex II – part I – indent 2
- - Time schedules and conditions for the fastest trip and best connections
Amendment 362 #
Proposal for a regulation
Annex II – part I – indent 5
Annex II – part I – indent 5
- - Access conditionarrangements for bicycles
Amendment 363 #
Proposal for a regulation
Annex II – part I – indent 6
Annex II – part I – indent 6
- - Availability of seats in for all applicable fares in non-smoking (and non-, where applicable, smoking), first and second class as well as couchettes and sleeping carriages
Amendment 364 #
Proposal for a regulation
Annex II – part I – indent 8
Annex II – part I – indent 8
- Availability of on-board services, including wifi and toilets
Amendment 365 #
Proposal for a regulation
Annex II – part II – indent 1
Annex II – part II – indent 1
- On-board services, including wifi
Amendment 366 #
Proposal for a regulation
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 1
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 1
- - percentage of delays of less than 6045 minutes;
Amendment 367 #
Proposal for a regulation
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 2
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 2
- - percentage of delays of 60-1145-89 minutes;;
Amendment 370 #
Proposal for a regulation
Annex III – part I – paragraph 2 – point 2 – indent 1 – point vii
Annex III – part I – paragraph 2 – point 2 – indent 1 – point vii
(vii) provision of useful information throughout the journey, including in relation to wifi and other on-board services;
Amendment 372 #
Proposal for a regulation
Annex III – part II – paragraph 1 – point 4 – indent 1 – point vii
Annex III – part II – paragraph 1 – point 4 – indent 1 – point vii
(vii) accessibility of station and station facilities., including step-free access, escalators, elevators and luggage ramps
Amendment 373 #
Proposal for a regulation
Annex IV – paragraph 1
Annex IV – paragraph 1
In complex cases such as cases involving multiple claims or a number of operators, cross-border travel or accidents on the territory of a Member State other than that which granted the undertaking’s licence, in particular where it is unclear which national enforcement body is competent, or where it would facilitate or accelerate the resolution of the complaint, national enforcement bodies shall cooperate to identify a ‘lead’ body, which shall serve as single point of contact for passengers. All national enforcement bodies involved shall cooperate to facilitate the resolution of the complaint (including by sharing information, assisting with the translation of documents and providing information on the circumstances of incidents). Passengers shall be informed which body is acting as ‘lead’ body. In addition, in all cases, national enforcement bodies shall in any event ensure compliance with Regulation 2017/2394/EU of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws.
Amendment 375 #
Proposal for a regulation
Annex V a (new)
Annex V a (new)