38 Amendments of Biljana BORZAN related to 2017/0237(COD)
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 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 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 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 103 #
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 131 #
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 the Court of Justice of the European Union in Case C 509/111a (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. _________________ 1a Case C-509/11, ÖBB-Personenverkehr AG (EU: C2013:613).
Amendment 138 #
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/EU1a. 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/EU1b 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 1c. 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. _________________ 1aDirective 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). 1bRegulation 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). 1cRegulation 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 142 #
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 146 #
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 149 #
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 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 151 #
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 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 152 #
Proposal for a regulation
Article 1 – paragraph 1 – point h
Article 1 – paragraph 1 – point h
(h) theproper procedures for handling of complaints;
Amendment 154 #
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 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 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 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 233 #
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 234 #
Proposal for a regulation
Article 8 – title
Article 8 – title
Obligation to provide information and consultation concerning discontinuation or substantial reduction of services
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 261 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Railway undertakings shall, at the request of the offer to certify for affected passenger, certifys on their ticket or by any other means that the rail service has suffered a delay, led to a missed connection or that it has been cancelled, as the case might be.
Amendment 283 #
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 314 #
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 with reduced mobility shall be permitted to buy tickets on board the train at no extra costTickets bought on board the train shall not cost more than the relevant standard fare for the journey concerned with any applicable discounts.
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 358 #
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 438 #
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 441 #
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 445 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Railway undertakings shall, at the request of the offer to certify for affected passenger, certifys on their ticket or by any other means that the rail service has suffered a delay, led to a missed connection or that it has been cancelled, as the case might be.
Amendment 597 #
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 them. _________________ 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 599 #
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.