BETA

Activities of Lucy ANDERSON related to 2017/0237(COD)

Plenary speeches (1)

Rail passengers' rights and obligations (debate)
2016/11/22
Dossiers: 2017/0237(COD)

Shadow opinions (1)

OPINION on the proposal for a regulation of the European Parliament and of the Council on rail passengers' rights and obligations (recast)
2016/11/22
Committee: IMCO
Dossiers: 2017/0237(COD)
Documents: PDF(826 KB) DOC(207 KB)

Amendments (270)

Amendment 30 #
Proposal for a regulation
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).
2018/04/17
Committee: IMCO
Amendment 32 #
Proposal for a regulation
Recital 3
(3) Despite considerable progress made in protecting consumers in the Union, further improvements in protecting the rights of rail passengers are still to be made, especially regarding the access to information and compensation in case of delay.
2018/04/17
Committee: IMCO
Amendment 34 #
Proposal for a regulation
Recital 5
(5) Granting the same rights to rail passengers taking international and domestic journeys should raise the level of consumer protection in the Union, ensure a level playing-field for railway undertakings and guarantee a uniform level of rights for passengers, especially regarding their access to information and compensation in case of delay.
2018/04/17
Committee: IMCO
Amendment 35 #
Proposal for a regulation
Recital 6
(6) Urban, suburban and regional rail passenger services are different in character from long-distance services. Member States should therefore be allowed to exempt urban, suburban and regional rail passenger services which are not cross-border services within the Union from certain provisions on passengers' rights.deleted
2018/04/17
Committee: IMCO
Amendment 40 #
Proposal for a regulation
Recital 7
(7) It is an aim of this Regulation to improve rail passenger services within the Union . Therefore, Member States should be able to grant exemptions for services in regions where a significant part of the service is operated outside the Union, provided that an adequate level of passenger rights is ensured on the part of such services provided on those Member States' territory, in accordance with their national law .deleted
2018/04/17
Committee: IMCO
Amendment 41 #
Proposal for a regulation
Recital 8
(8) However, the exemptions should not apply to the provisions of this Regulation that facilitate the use of rail services by persons with disabilities or persons with reduced mobility. Furthermore, exemptions should not apply to the rights of those wishing to purchase tickets for travel by rail to do so without undue difficulty, to the provisions on railway undertakings’ liability in respect of passengers and their luggage, to the requirement that railway undertakings be adequately insured, and to the requirement that they take adequate measures to ensure passengers’ personal security in railway stations and on trains and to manage risk.deleted
2018/04/17
Committee: IMCO
Amendment 43 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 50 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 51 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 56 #
Proposal for a regulation
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).
2018/04/03
Committee: TRAN
Amendment 59 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 60 #
Proposal for a regulation
Recital 4
(4) Since the rail passenger is the weaker party to the transport contract, passengers’ rights in this respect should be safeguarded. The rail passenger furthermore contributes as a taxpayer to the subsidies for rail transport and pays for his/her tickets in advance, which makes his/her right on high quality services even stronger.
2018/04/03
Committee: TRAN
Amendment 63 #
Proposal for a regulation
Recital 15
(15) In the light of the United Nations Convention on the Rights of Persons with Disabilities and in order to give persons with disabilities and persons with reduced mobility opportunities for rail travel comparable to those of other citizens, rules for non-discrimination and assistance before and during their journey should be established. Persons with disabilities and persons with reduced mobility, whether caused by disability, age or any other factor, have the same right as all other citizens to free movement and to non- discrimination. Inter alia, special attention should be given to the provision of information to persons with disabilities and persons with reduced mobility concerning the accessibility of rail services, access conditions of rolling stock and the facilities on board. In order to provide passengers with sensory impairment with the best information on delays, visual and audible systems should be used, as appropriate. Persons with disabilities and persons with reduced mobility should be enabled to buy tickets on board a train without extra charges. Staff should be adequately trained to respond to the needs of persons with disabilities and persons with reduced mobility, notably when providing assistance. To ensure equal travel conditions, such persons should be provided with assistance at stations and on board at all times when trains operate and not only at certain times of the day.
2018/04/17
Committee: IMCO
Amendment 63 #
Proposal for a regulation
Recital 6
(6) Urban, suburban and regional rail passenger services are different in character from long-distance services. Member States should therefore be allowed to exempt urban, suburban and regional rail passenger services which are not cross-border services within the Union from certain provisions on passengers' rights.deleted
2018/04/03
Committee: TRAN
Amendment 64 #
Proposal for a regulation
Recital 6
(6) Urban, suburban and regional rail passenger services are different in character from long-distance services. Member States should therefore be allowed to exempt urban, suburban and regional rail passenger services which are not cross-border services within the Union from certain provisions on passengers' rights.deleted
2018/04/03
Committee: TRAN
Amendment 65 #
Proposal for a regulation
Recital 6
(6) Urban, suburban and regional rail passenger services are different in character from long-distance services. Member States should therefore be allowed to exempt urban, suburban and regional rail passenger services which are not cross-border services within the Union from certain provisions on passengers' rights.deleted
2018/04/03
Committee: TRAN
Amendment 68 #
Proposal for a regulation
Recital 17
(17) It is desirable that this Regulation create a system of compensation for passengers in the case of delay which is linked to the liability of the railway undertaking, on the same basis as the international system provided by the COTIF and in particular CIV Uniform Rules thereto relating to passengers' rights. Purchased tickets should be fully refundable. In the event of a delay of a passenger service, railway undertakings should provide passengers with compensation based on a percentage up to 100% of the ticket price.
2018/04/17
Committee: IMCO
Amendment 69 #
Proposal for a regulation
Recital 18
(18) Railway undertakings should be obliged to be insured, or to make equivalent arrangements, for their liability to rail passengers in the event of accident. Where Member States set a maximum amount for compensatory damages in the event of death or personal injury to passengers, that amount should be at least equivalent to the amount set out in the CIV Uniform Rules. Member States should have the possibility to increase the amount for compensatory damages in the event of death or personal injury to passengers any time.
2018/04/17
Committee: IMCO
Amendment 71 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 77 #
Proposal for a regulation
Recital 7
(7) It is an aim of this Regulation to improve rail passenger services within the Union . Therefore, Member States should be able to grant exemptions for services in regions where a significant part of the service is operated outside the Union, provided that an adequate level of passenger rights is ensured on the part of such services provided on those Member States' territory, in accordance with their national law .deleted
2018/04/03
Committee: TRAN
Amendment 78 #
Proposal for a regulation
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).
2018/04/17
Committee: IMCO
Amendment 78 #
(8) However, the exemptions should not apply to the provisions of this Regulation that facilitate the use of rail services by persons with disabilities or persons with reduced mobility. Furthermore, exemptions should not apply to the rights of those wishing to purchase tickets for travel by rail to do so without undue difficulty, to the provisions on railway undertakings’ liability in respect of passengers and their luggage, to the requirement that railway undertakings be adequately insured, and to the requirement that they take adequate measures to ensure passengers’ personal security in railway stations and on trains and to manage risk.deleted
2018/04/03
Committee: TRAN
Amendment 79 #
Proposal for a regulation
Recital 22
(22) In cooperation with infrastructure managers and railway undertakings, station managers should prepare and make publicly available contingency plans to minimise the impact of major disruptions by providing stranded passengers with adequate information and care.
2018/04/17
Committee: IMCO
Amendment 81 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 81 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 82 #
Proposal for a regulation
Recital 24
(24) Where a Member State grants railway undertakings an exemption from the provisions of this Regulation, it should encourage railway undertakings, in consultation with organisations representing passengers, to put in place arrangements for compensation and assistance in the event of major disruption to a rail passenger service.deleted
2018/04/17
Committee: IMCO
Amendment 84 #
Proposal for a regulation
Recital 28
(28) Railway undertakings and station managers should define, make publicly available, manage and monitor service quality standards for rail passenger services including those for persons with disabilities and persons with reduced mobility.
2018/04/17
Committee: IMCO
Amendment 85 #
Proposal for a regulation
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).
2018/04/17
Committee: IMCO
Amendment 85 #
Proposal for a regulation
Recital 9
(9) Users’ rights to rail services include the receipt of information regarding the service both before and, during and after the journey. Whenever possible, rRailway 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.
2018/04/03
Committee: TRAN
Amendment 86 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 87 #
Proposal for a regulation
Article 1 – title
1 Subject matter and objectives
2018/04/17
Committee: IMCO
Amendment 88 #
Proposal for a regulation
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:
2018/04/17
Committee: IMCO
Amendment 91 #
Proposal for a regulation
Article 1 – paragraph 1 – point d
(d) passengers’ rights in the event ofand compensation in the event of disruption, such as cancellation or delay;
2018/04/17
Committee: IMCO
Amendment 91 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 94 #
Proposal for a regulation
Article 1 – paragraph 1 – point e
(e) minimum, accurate, timely and accessible information to be provided to passengers;
2018/04/17
Committee: IMCO
Amendment 95 #
Proposal for a regulation
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 ;
2018/04/17
Committee: IMCO
Amendment 95 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 96 #
Proposal for a regulation
Article 1 – paragraph 1 – point h
(h) theproper procedures for handling of complaints;
2018/04/17
Committee: IMCO
Amendment 98 #
Proposal for a regulation
Article 1 – paragraph 1 – point i
(i) general rules on enforcement, including through the option for passengers of binding alternative dispute resolution.
2018/04/17
Committee: IMCO
Amendment 99 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 100 #
Proposal for a regulation
Article 2 – paragraph 2
2. Subject to paragraph 4, Member States may exempt the following services from the application of this Regulation: (a) passenger services as referred to in Directive 2012/34/EU, except cross-border services within the Union; (b) services of which a significant part, including at least one scheduled station stop, is operated outside the Union, provided that passengers’ rights are adequately ensured under relevant national law on the territory of the Member State granting the exemption.deleted urban, suburban and regional rail international rail passenger
2018/04/17
Committee: IMCO
Amendment 103 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 108 #
Proposal for a regulation
Article 2 – paragraph 3
3. Member States shall inform the Commission of exemptions granted pursuant to points (a) and (b) of paragraph 2, and on the adequacy of their national law on their territory for the purposes of point (b) of paragraph 2.deleted
2018/04/17
Committee: IMCO
Amendment 109 #
Proposal for a regulation
Article 2 – paragraph 4
4. Articles 5, 10, 11 and 25 and Chapter V shall apply to all rail passenger services referred to in paragraph 1, including services exempted in accordance with points (a) and (b) of paragraph 2.deleted
2018/04/17
Committee: IMCO
Amendment 113 #
Proposal for a regulation
Recital 15 a (new)
(15a) People with reduced mobility often face problems in the recognition of their condition outside their Member State of origin. Proof of incapacity for a person with reduced mobility should be recognised as valid for tariff purposes in all Member States.
2018/04/03
Committee: TRAN
Amendment 115 #
Proposal for a regulation
Recital 15 b (new)
(15b) The accessibility of persons with reduced mobility to rail transport must be progressively guaranteed on all types of trains. Even in the case of rail services which are already accessible, transport conditions must be significantly improved, since the number of seats available for people with reduced mobility is often less than 1% of the total, which is clearly insufficient and restricts freedom of movement.
2018/04/03
Committee: TRAN
Amendment 116 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
(5) ‘ticket vendor’ means any retailer of rail transport services concluding transport contracts and selling tickets, through-tickets or combined journeys on behalf of aone or more railway undertakings or for its own account;
2018/04/17
Committee: IMCO
Amendment 120 #
Proposal for a regulation
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;
2018/04/17
Committee: IMCO
Amendment 121 #
Proposal for a regulation
Recital 16
(16) Railway undertakings and station managers should take into account the needs of persons with disabilities and persons with reduced mobility, through compliance with the TSI for persons with reduced mobility. and the Directive XXX when complementing TSI In addition , in accordance with Union public procurement rules, in particular Directive 2014/24/EU of the European Parliament and of the Council26 , all buildings and rolling stock should be made accessible through the progressive elimination of physical obstacles and functional hindrances when acquiring new material or carrying out construction or major renovation work. _________________ 26 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).
2018/04/03
Committee: TRAN
Amendment 123 #
Proposal for a regulation
Recital 17
(17) It is desirable that this Regulation create a system of compensation for passengers in the case of delay which is linked to the liability of the railway undertaking, on the same basis as the international system provided by the COTIF and in particular CIV Uniform Rules thereto relating to passengers' rights. In the event of a delay of a passenger service, railway undertakings should provide passengers with compensation based on a percentage of the ticket price. Compensation rates should reflect the need to mitigate delays and to reduce passengers’ dissatisfaction. Passengers should be able to use a Union standardised complaint form for submitting a complaint in their own Union languages if they prefer, and it should be equally valid to a complaint format provided by the railway undertakings, ticket vendors, railway station or infrastructure manager involved in the complaint process. Railway undertakings, ticket vendors should be encouraged to develop an automatic compensation system, like a passenger account or a Smartcard, to claim compensation for delay or cancellation, both to avoid a complex and cumbersome process for the passenger and to speed up the payment of the compensation.
2018/04/03
Committee: TRAN
Amendment 124 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 125 #
Proposal for a regulation
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;
2018/04/17
Committee: IMCO
Amendment 127 #
Proposal for a regulation
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;
2018/04/17
Committee: IMCO
Amendment 131 #
Proposal for a regulation
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;
2018/04/17
Committee: IMCO
Amendment 131 #
Proposal for a regulation
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).
2018/04/03
Committee: TRAN
Amendment 132 #
Proposal for a regulation
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;
2018/04/17
Committee: IMCO
Amendment 133 #
Proposal for a regulation
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 their obligations under the provisions of this Regulation to passengers.
2018/04/03
Committee: TRAN
Amendment 135 #
Proposal for a regulation
Recital 24
(24) Where a Member State grants railway undertakings an exemption from the provisions of this Regulation, it should encourage railway undertakings, in consultation with organisations representing passengers, to put in place arrangements for compensation and assistance in the event of major disruption to a rail passenger service.deleted
2018/04/03
Committee: TRAN
Amendment 137 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 137 #
Proposal for a regulation
Recital 28
(28) Railway undertakings and station managers should define, make publicly available, manage and monitor service quality standards for rail passenger services including those for persons with disabilities and persons with reduced mobility.
2018/04/03
Committee: TRAN
Amendment 138 #
Proposal for a regulation
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).
2018/04/03
Committee: TRAN
Amendment 139 #
Proposal for a regulation
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. 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.
2018/04/03
Committee: TRAN
Amendment 140 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 140 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 141 #
Proposal for a regulation
Article 1 – title
1 Subject matter and objectives
2018/04/03
Committee: TRAN
Amendment 142 #
Proposal for a regulation
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:
2018/04/03
Committee: TRAN
Amendment 145 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
(a) non-discrimination between passengers with regard to transport and ticketing conditions;
2018/04/03
Committee: TRAN
Amendment 146 #
Proposal for a regulation
Article 1 – paragraph 1 – point d
(d) passengers’ rights in the event ofand compensation in the event of disruption, such as cancellation or delay;
2018/04/03
Committee: TRAN
Amendment 149 #
Proposal for a regulation
Article 1 – paragraph 1 – point e
(e) minimum, accurate, timely and accessible information to be provided to passengers;
2018/04/03
Committee: TRAN
Amendment 150 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 151 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 151 #
Proposal for a regulation
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 ;
2018/04/03
Committee: TRAN
Amendment 152 #
Proposal for a regulation
Article 8 – title
Obligation to provide information and consultation concerning discontinuation or substantial reduction of services
2018/04/17
Committee: IMCO
Amendment 152 #
Proposal for a regulation
Article 1 – paragraph 1 – point h
(h) theproper procedures for handling of complaints;
2018/04/03
Committee: TRAN
Amendment 153 #
Proposal for a regulation
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).
2018/04/17
Committee: IMCO
Amendment 154 #
Proposal for a regulation
Article 1 – paragraph 1 – point i
(i) general rules on enforcement, including through the option for passengers of binding alternative dispute resolution.
2018/04/03
Committee: TRAN
Amendment 155 #
Proposal for a regulation
Article 2 – paragraph 1
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 . _________________ 29 OJ L 343, 14.12.2012, p. 32operating, stopping, travelling, departing or arriving within the territory of the Union.
2018/04/03
Committee: TRAN
Amendment 156 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 156 #
Proposal for a regulation
Article 2 – paragraph 2
2. Subject to paragraph 4, Member States may exempt the following services from the application of this Regulation: (a) urban, suburban and regional rail passenger services as referred to in Directive 2012/34/EU, except cross-border services within the Union; (b) international rail passenger services of which a significant part, including at least one scheduled station stop, is operated outside the Union, provided that passengers’ rights are adequately ensured under relevant national law on the territory of the Member State granting the exemption.deleted
2018/04/03
Committee: TRAN
Amendment 158 #
Proposal for a regulation
Article 2 – paragraph 2 – point a
(a) urban, suburban and regional rail passenger services as referred to in Directive 2012/34/EU, except cross-border services within the Union;deleted
2018/04/03
Committee: TRAN
Amendment 159 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 161 #
Proposal for a regulation
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 . 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 . Passengers shall have the right to claim for compensation if the railway undertakings and ticket vendors fail to provide the correct travel information.
2018/04/17
Committee: IMCO
Amendment 162 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 169 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
4 a. Railway undertakings in cooperation with station managers and infrastructure managers shall indicate in timetables information about accessible train connections and stations.
2018/04/17
Committee: IMCO
Amendment 170 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
4 a. Rail travel publicity, booking information as well as tickets shall mention the data on emissions as well as the energy consumption and source of a train journey.
2018/04/17
Committee: IMCO
Amendment 174 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 179 #
Proposal for a regulation
Article 2 – paragraph 3
3. Member States shall inform the Commission of exemptions granted pursuant to points (a) and (b) of paragraph 2, and on the adequacy of their national law on their territory for the purposes of point (b) of paragraph 2.deleted
2018/04/03
Committee: TRAN
Amendment 180 #
Proposal for a regulation
Article 2 – paragraph 4
4. Articles 5, 10, 11 and 25 and Chapter V shall apply to all rail passenger services referred to in paragraph 1, including services exempted in accordance with points (a) and (b) of paragraph 2.deleted
2018/04/03
Committee: TRAN
Amendment 182 #
Proposal for a regulation
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:
2018/04/17
Committee: IMCO
Amendment 185 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 190 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 191 #
Proposal for a regulation
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:
2018/04/17
Committee: IMCO
Amendment 192 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
(5) ‘ticket vendor’ means any retailer of rail transport services concluding transport contracts and selling tickets, through-tickets or combined journeys on behalf of aone or more railway undertakings or for its own account;
2018/04/03
Committee: TRAN
Amendment 195 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 196 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)
(6a) ‘combined journey’ means a ticket or tickets representing more than one transport contract for successive railway services operated by one or more railway undertakings;
2018/04/03
Committee: TRAN
Amendment 197 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)
(6a) “ticket” means a valid evidence that entitles the passenger to rail transport, regardless of its form, paper, e- Ticket, Smartcard, travel card;
2018/04/03
Committee: TRAN
Amendment 200 #
Proposal for a regulation
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 all passengers shall be permitted to buy tickets on board the train at no extra cost.
2018/04/17
Committee: IMCO
Amendment 200 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8
(8) ‘through-ticket’ means a ticket or tickets, representing a singlone or more transport contract fors issued through a single transaction, for a single journey comprising successive railway services operated by one or more railway undertakings;
2018/04/03
Committee: TRAN
Amendment 201 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8
(8) ‘through-ticket’ means a ticket or separate 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,
2018/04/03
Committee: TRAN
Amendment 203 #
Proposal for a regulation
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;
2018/04/03
Committee: TRAN
Amendment 205 #
Proposal for a regulation
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;
2018/04/03
Committee: TRAN
Amendment 206 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 210 #
Proposal for a regulation
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 :
2018/04/17
Committee: IMCO
Amendment 212 #
Proposal for a regulation
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;
2018/04/03
Committee: TRAN
Amendment 213 #
Proposal for a regulation
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;
2018/04/03
Committee: TRAN
Amendment 214 #
Proposal for a regulation
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:
2018/04/17
Committee: IMCO
Amendment 218 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) 25 50% of the ticket price for a delay of 6045 to 1189 minutes,;
2018/04/17
Committee: IMCO
Amendment 220 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
(b) 50 100% of the ticket price for a delay of 1290 minutes or more.
2018/04/17
Committee: IMCO
Amendment 220 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 221 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 226 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 228 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 229 #
Proposal for a regulation
Article 17 – paragraph 4
4. The calculation of the period of delay shall not take into account any delay that the railway undertaking can demonstrate as having occurred outside the territories of the Union.deleted
2018/04/17
Committee: IMCO
Amendment 231 #
Proposal for a regulation
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. 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. Passenger must be informed in a comprehensible manner about all options of compensation, including financial, from which he or she can choose.
2018/04/17
Committee: IMCO
Amendment 232 #
Proposal for a regulation
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. 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. within the same payment system as the ticket was bought at the request of the passenger. By no means shall the passenger be discouraged from requesting compensation.
2018/04/17
Committee: IMCO
Amendment 232 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 233 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 234 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 234 #
Proposal for a regulation
Article 8 – title
Obligation to provide information and consultation concerning discontinuation or substantial reduction of services
2018/04/03
Committee: TRAN
Amendment 235 #
Proposal for a regulation
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).
2018/04/03
Committee: TRAN
Amendment 236 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 238 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 241 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 242 #
Proposal for a regulation
Article 17 – paragraph 8
8. A railway undertaking shall 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 and could not have been foreseen or prevented even if all reasonable measures had been taken.deleted
2018/04/17
Committee: IMCO
Amendment 243 #
Proposal for a regulation
Article 17 – paragraph 8
8. A railway undertaking shall 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 and could not have been foreseen or prevented even if all reasonable measures had been taken.deleted
2018/04/17
Committee: IMCO
Amendment 250 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 250 #
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.
2018/04/03
Committee: TRAN
Amendment 251 #
Proposal for a regulation
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:
2018/04/17
Committee: IMCO
Amendment 254 #
Proposal for a regulation
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 ;
2018/04/17
Committee: IMCO
Amendment 256 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 259 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 261 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 261 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 262 #
Proposal for a regulation
Article 18 – paragraph 4
4. Railway undertakings shall, at the request of the passenger, certify on the 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.
2018/04/17
Committee: IMCO
Amendment 263 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 267 #
Proposal for a regulation
Article 18 – paragraph 6 a (new)
6a. Without prejudice to this Article or Articles 16 and 17, in the case of a missed connection due to the delay or cancellation of a train on an earlier leg of the journey or combined journey the passenger should be allowed to take the next service enabling them to reach their destination station in the most convenient reasonable manner.
2018/04/17
Committee: IMCO
Amendment 270 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 270 #
Proposal for a regulation
Article 9 – paragraph 4
4. Station managerRailway undertakings and infrastructure managers shall make real- time data relating to trains, including those operated by other railway undertakings available to railway undertakings and ticket vendors, in a non-discriminatory manner. This is so that ticket vendors can provide passengers with all information as required by this Regulation.
2018/04/03
Committee: TRAN
Amendment 273 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 275 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
4a. Railway undertakings shall supply ticket vendors with the information set out in Annex II on a real time basis so as to eliminate any kind of discrimination between passengers.
2018/04/03
Committee: TRAN
Amendment 276 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
4a. Railway undertakings in cooperation with station managers and infrastructure managers shall indicate in timetables information about accessible train connections and stations.
2018/04/03
Committee: TRAN
Amendment 277 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
4a. Rail travel publicity, booking information as well as tickets shall mention the data on emissions as well as the energy consumption and source of a train journey.
2018/04/03
Committee: TRAN
Amendment 278 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 280 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 281 #
Proposal for a regulation
Article 10 – paragraph 1
1. Railway undertakings and ticket vendors shall offer tickets and, where available, through-tickets and reservations. They shall make all possible efforts to offer through-tickets, including for journeys across borders and with more than one railway undertaking. The European Commission should closely monitor market developments on through-tickets and present a report to the European Parliament and the Council, accompanied if necessary by legislative proposals, by 31 December 2022, in line with article 13a of Directive (EU) 2016/2370 1a. _________________ 1aDirective (EU) 2016/2370 of the European Parliament and of the Council of 14 December 2016 amending Directive 2012/34/EU as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure, OJ L 352, 23.12.2016. Directive (EU) 2016/2370 of the European Parliament and of the Council of 14 December 2016 amending Directive 2012/34/EU as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure, OJ L 352, 23.12.2016.
2018/04/03
Committee: TRAN
Amendment 283 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 283 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 287 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 289 #
Proposal for a regulation
Article 23 – paragraph 4
4. Assistance shall be available on board trains during all times when rail services operate with the exception referred to in paragraph 3.
2018/04/17
Committee: IMCO
Amendment 291 #
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Railway undertakings, station managers, ticket vendors and tour operators shall cooperate in order to provide assistance free of charge to persons with disabilities and persons with reduced mobility in line with Articles 20 and 21 in accordance with the following points:
2018/04/17
Committee: IMCO
Amendment 291 #
Proposal for a regulation
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:
2018/04/03
Committee: TRAN
Amendment 295 #
Proposal for a regulation
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;
2018/04/17
Committee: IMCO
Amendment 298 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 a (new)
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.
2018/04/03
Committee: TRAN
Amendment 299 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 301 #
Proposal for a regulation
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 .
2018/04/17
Committee: IMCO
Amendment 303 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 304 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 305 #
Proposal for a regulation
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:
2018/04/03
Committee: TRAN
Amendment 307 #
Proposal for a regulation
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;
2018/04/17
Committee: IMCO
Amendment 308 #
Proposal for a regulation
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;
2018/04/17
Committee: IMCO
Amendment 312 #
Proposal for a regulation
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;
2018/04/17
Committee: IMCO
Amendment 313 #
Proposal for a regulation
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.;
2018/04/17
Committee: IMCO
Amendment 314 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 316 #
Proposal for a regulation
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;
2018/04/17
Committee: IMCO
Amendment 317 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 320 #
Proposal for a regulation
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 mobilityall passengers shall be permitted to buy tickets on board the train at no extra cost.
2018/04/03
Committee: TRAN
Amendment 321 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 324 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 325 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 328 #
Proposal for a regulation
Article 29 – paragraph 2 a (new)
2a. Railway undertakings and station managers actively cooperate with organizations representing people with disabilities to improve the quality of accessibility of transport services.
2018/04/17
Committee: IMCO
Amendment 328 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 333 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 335 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 337 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 338 #
Proposal for a regulation
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).
2018/04/17
Committee: IMCO
Amendment 338 #
Proposal for a regulation
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, his 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 vendorentity which sold the tickets.
2018/04/03
Committee: TRAN
Amendment 339 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 340 #
Proposal for a regulation
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).
2018/04/17
Committee: IMCO
Amendment 343 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 344 #
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 :
2018/04/03
Committee: TRAN
Amendment 351 #
Proposal for a regulation
Article 16 – paragraph 2
2. For the purposes of point (b) of paragraph 1, cin case of missed connection due to delay or cancellation, of an earlier leg of the passenger’s journey, the passenger shall be allowed to take the next service available in order to reach his/her final planned destination. Comparable re-routing may be operated by any railway undertaking and may involve the use of transport of a higher class and alternative modes of transport without generating additional costs to the passenger. Railway undertakings shall make reasonable efforts to avoid additional connections. The total travel time when using an alternative mode of transport for the part of the journey not completed as planned shall be comparable to the scheduled travel time of the original journey. Passengers shall not be downgraded to transport facilities of a lower class unless such facilities are the only re-routing means available.
2018/04/03
Committee: TRAN
Amendment 355 #
Proposal for a regulation
Article 16 a (new)
Article 16a Missed Connections In case of a missed connection in the course of single journey, under a through-ticket, the passenger shall be allowed to take the next train service that will get him or her to the final destination in the best delays possible even if there is no specific reservation and/or the next train is operated by another railway undertaking. Or.
2018/04/03
Committee: TRAN
Amendment 358 #
Proposal for a regulation
Annex II – title
MINIMUM INFORMATION TO BE PROVIDED BY RAILWAY UNDERTAKINGS, TOUR OPERATORS AND TICKET VENDORS
2018/04/17
Committee: IMCO
Amendment 358 #
Proposal for a regulation
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:
2018/04/03
Committee: TRAN
Amendment 359 #
Proposal for a regulation
Annex II – part I – indent 1
- - General conditions applicable to the contract or contracts that form part of the journey or combined journey
2018/04/17
Committee: IMCO
Amendment 360 #
Proposal for a regulation
Annex II – part I – indent 2
- - Time schedules and conditions for the fastest trip and best connections
2018/04/17
Committee: IMCO
Amendment 361 #
Proposal for a regulation
Annex II – part I – indent 3
- - Time schedules and conditions for the lowest and all available fares
2018/04/17
Committee: IMCO
Amendment 362 #
Proposal for a regulation
Annex II – part I – indent 5
- - Access conditionarrangements for bicycles
2018/04/17
Committee: IMCO
Amendment 363 #
Proposal for a regulation
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
2018/04/17
Committee: IMCO
Amendment 364 #
Proposal for a regulation
Annex II – part I – indent 8
- Availability of on-board services, including wifi and toilets
2018/04/17
Committee: IMCO
Amendment 365 #
Proposal for a regulation
Annex II – part II – indent 1
- On-board services, including wifi
2018/04/17
Committee: IMCO
Amendment 366 #
Proposal for a regulation
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 1
- - percentage of delays of less than 6045 minutes;
2018/04/17
Committee: IMCO
Amendment 367 #
Proposal for a regulation
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 2
- - percentage of delays of 60-1145-89 minutes;;
2018/04/17
Committee: IMCO
Amendment 368 #
Proposal for a regulation
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 3
- - percentage of delays of 1290 minutes or more;
2018/04/17
Committee: IMCO
Amendment 369 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) 25 50% of the ticket price for a delay of 6045 to 1189 minutes,;
2018/04/03
Committee: TRAN
Amendment 370 #
Proposal for a regulation
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;
2018/04/17
Committee: IMCO
Amendment 372 #
Proposal for a regulation
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
2018/04/17
Committee: IMCO
Amendment 373 #
Proposal for a regulation
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.
2018/04/17
Committee: IMCO
Amendment 375 #
Proposal for a regulation
Annex V a (new)
ANNEX VI - DISABILITY-RELATED TRAINING SPECIFICATIONS (a) Disability-awareness training Training of all staff, including those employed by any other performing party, includes: - awareness of and appropriate responses to passengers with physical, sensory (hearing and visual), hidden or learning disabilities, including how to distinguish between the different abilities of persons whose mobility, orientation, or communication may be reduced, - barriers faced by disabled persons and persons with reduced mobility, including attitudinal, environmental/physical and organisational barriers, - service animals, including their role and needs, - dealing with unexpected occurrences, - interpersonal skills and methods of communication with deaf people and people with hearing impairments, people with visual impairments, people with speech impairments, and people with a learning disability, - how to handle wheelchairs and other mobility aids carefully so as to avoid damage (if any, for all staff who are responsible for luggage handling); (b) Disability-assistance training Training of all staff, including those employed by any other performing party, directly assisting disabled persons and persons with reduced mobility includes: - how to help wheelchair users make transfers into and out of a wheelchair, - skills for providing assistance to disabled persons and persons with reduced mobility travelling with a service animal, including the role and the needs of these animals, - techniques for escorting visually impaired passengers and for the handling and carriage of service animals, - an understanding of the types of equipment which can assist disabled persons and persons with reduced mobility and a knowledge of how to handle such an equipment, - the use of boarding and alighting assistance equipment used and knowledge of the appropriate boarding and alighting assistance procedures that safeguard the safety and dignity of disabled persons and persons with reduced mobility, - understanding of the need for reliable and professional assistance. Also awareness of the potential of certain disabled passengers to experience feelings of vulnerability during travel because of their dependence on the assistance provided, a knowledge of first aid.
2018/04/17
Committee: IMCO
Amendment 377 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
(b) 50 100% of the ticket price for a delay of 1290 minutes or more.
2018/04/03
Committee: TRAN
Amendment 388 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 393 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 395 #
Proposal for a regulation
Article 17 – paragraph 4
4. The calculation of the period of delay shall not take into account any delay that the railway undertaking can demonstrate as having occurred outside the territories of the Union.deleted
2018/04/03
Committee: TRAN
Amendment 397 #
Proposal for a regulation
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. 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. The passenger shall be informed in a comprehensible manner about all options for compensation, including financial, from which he or she can choose.
2018/04/03
Committee: TRAN
Amendment 402 #
Proposal for a regulation
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. The compensation may be paid in vouchers and/or other services, or through an automatic compensation system where in place, 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.
2018/04/03
Committee: TRAN
Amendment 403 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 407 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 408 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 412 #
Proposal for a regulation
Article 17 – paragraph 8
8. A railway undertaking shall 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 and could not have been foreseen or prevented even if all reasonable measures had been taken.deleted
2018/04/03
Committee: TRAN
Amendment 413 #
Proposal for a regulation
Article 17 – paragraph 8
8. A railway undertaking shall 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 and could not have been foreseen or prevented even if all reasonable measures had been taken.deleted
2018/04/03
Committee: TRAN
Amendment 428 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 431 #
Proposal for a regulation
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:
2018/04/03
Committee: TRAN
Amendment 433 #
Proposal for a regulation
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;
2018/04/03
Committee: TRAN
Amendment 434 #
Proposal for a regulation
Article 18 – paragraph 2 – point a
(a) meals and refreshments for safety concerns, 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;
2018/04/03
Committee: TRAN
Amendment 438 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 441 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 445 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 446 #
4. Railway undertakings shall, at the request of the passenger, certify on the 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.
2018/04/03
Committee: TRAN
Amendment 451 #
Proposal for a regulation
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.;
2018/04/03
Committee: TRAN
Amendment 457 #
Proposal for a regulation
Article 18 – paragraph 6 a (new)
6a. Without prejudice to this Article or Articles 16 and 17, in the case of a missed connection due to the delay or cancellation of a train on an earlier leg of the journey or combined journey the passenger should be allowed to take the next service enabling them to reach their destination station in the most convenient reasonable manner.
2018/04/03
Committee: TRAN
Amendment 458 #
Proposal for a regulation
Article 18 – paragraph 6 a (new)
6a. In case of a missed connection due to the delay or cancellation of a train on an earlier leg of the journey the passenger should be allowed to take the next service enabling them to reach their destination station in the most convenient reasonable manner, subject to the journey continuation agreement of the carriers involved;
2018/04/03
Committee: TRAN
Amendment 459 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 460 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 464 #
Proposal for a regulation
Article 20 – paragraph 1 a (new)
1a. Railway undertakings shall ensure that each train has a minimum of 10% of seats accessible to persons with reduced mobility.
2018/04/03
Committee: TRAN
Amendment 475 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 481 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 498 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 506 #
Proposal for a regulation
Article 23 – paragraph 4
4. Assistance shall be available on board trains during all times when rail services operate with the exception referred to in paragraph 3.
2018/04/03
Committee: TRAN
Amendment 508 #
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Railway undertakings, station managers, ticket vendors and tour operators shall cooperate in order to provide assistance free of charge to persons with disabilities and persons with reduced mobility in line with Articles 20 and 21 in accordance with the following points:
2018/04/03
Committee: TRAN
Amendment 515 #
Proposal for a regulation
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;
2018/04/03
Committee: TRAN
Amendment 527 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 535 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 538 #
Proposal for a regulation
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 equipment or devices lost or damawheelchair, equipment, 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 passengedr.
2018/04/03
Committee: TRAN
Amendment 548 #
Proposal for a regulation
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;
2018/04/03
Committee: TRAN
Amendment 551 #
Proposal for a regulation
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;
2018/04/03
Committee: TRAN
Amendment 560 #
Proposal for a regulation
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;
2018/04/03
Committee: TRAN
Amendment 563 #
Proposal for a regulation
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.;
2018/04/03
Committee: TRAN
Amendment 567 #
(da) involve organisations representing persons with disabilities and with reduced mobility in the design and delivery of disability-related training;
2018/04/03
Committee: TRAN
Amendment 568 #
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Disability-related training courses mentioned in paragraphs (a) to (e) of this Article shall meet the specifications set out in Annex VI.
2018/04/03
Committee: TRAN
Amendment 574 #
Proposal for a regulation
Article 28 – paragraph 1
1. All railway undertakings, ticket vendors, station managers and infrastructure managers of stations handling more than 10 000 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.
2018/04/03
Committee: TRAN
Amendment 577 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 580 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 581 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 582 #
Proposal for a regulation
Article 28 – paragraph 3
3. Details of the complaint handling procedure shall be easily available to passengers and accessible to persons with disabilities and with reduced mobility.
2018/04/03
Committee: TRAN
Amendment 583 #
Proposal for a regulation
Article 28 – paragraph 4 a (new)
4a. The Commission shall adopt a standardised EU complaint form that passengers may use to apply for compensation in accordance with this regulation.
2018/04/03
Committee: TRAN
Amendment 584 #
Proposal for a regulation
Article 29 – paragraph 2 a (new)
2a. Railway undertakings and station managers actively cooperate with organisations representing people with disabilities to improve the quality of accessibility of transport services.
2018/04/03
Committee: TRAN
Amendment 588 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 592 #
Proposal for a regulation
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 year. that 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.
2018/04/03
Committee: TRAN
Amendment 593 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 594 #
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 in accessible formats.
2018/04/03
Committee: TRAN
Amendment 597 #
Proposal for a regulation
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).
2018/04/03
Committee: TRAN
Amendment 599 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 600 #
Proposal for a regulation
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/EU1a may be made available with the agreement of all parties involved. _________________ 1aRegulation 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).
2018/04/03
Committee: TRAN
Amendment 602 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 607 #
Proposal for a regulation
Annex II – title
MINIMUM INFORMATION TO BE PROVIDED BY RAILWAY UNDERTAKINGS, TOUR OPERATORS AND TICKET VENDORS
2018/04/03
Committee: TRAN
Amendment 609 #
Proposal for a regulation
Annex II – part I – indent 1
- General conditions applicable to the contract or contracts that form part of the journey or combined journey
2018/04/03
Committee: TRAN
Amendment 611 #
Proposal for a regulation
Annex II – part I – indent 2
- Time schedules and conditions for the fastest trip and best connections
2018/04/03
Committee: TRAN
Amendment 614 #
Proposal for a regulation
Annex II – part I – indent 3
- Time schedules and conditions for the lowest and all available fares
2018/04/03
Committee: TRAN
Amendment 615 #
Proposal for a regulation
Annex II – part I – indent 5
- Access conditionarrangements for bicycles
2018/04/03
Committee: TRAN
Amendment 616 #
Proposal for a regulation
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
2018/04/03
Committee: TRAN
Amendment 618 #
Proposal for a regulation
Annex II – part I – indent 7
- Any activities likely to disrupt or delayDisruptions and delays, planned and real-time, to services
2018/04/03
Committee: TRAN
Amendment 620 #
Proposal for a regulation
Annex II – part I – indent 8
- Availability of on-board services, including wifi and toilets
2018/04/03
Committee: TRAN
Amendment 621 #
Proposal for a regulation
Annex II – part II – indent 1
- On-board services, including wifi
2018/04/03
Committee: TRAN
Amendment 624 #
Proposal for a regulation
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 1
- percentage of delays of less than 6045 minutes;
2018/04/03
Committee: TRAN
Amendment 626 #
Proposal for a regulation
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 2
- percentage of delays of 60-1145-89 minutes;
2018/04/03
Committee: TRAN
Amendment 628 #
Proposal for a regulation
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 3
- percentage of delays of 1290 minutes or more;
2018/04/03
Committee: TRAN
Amendment 630 #
Proposal for a regulation
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;
2018/04/03
Committee: TRAN
Amendment 631 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 632 #
Proposal for a regulation
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 1a of the European Parliament and of the Council. _________________ 1aRegulation (EU) 2017/2394 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.
2018/04/03
Committee: TRAN
Amendment 633 #
Proposal for a regulation
Annex V a (new)
ANNEX Va DISABILITY-RELATED TRAINING SPECIFICATIONS (a) Disability-awareness training Training of all staff, including those employed by any other performing party, includes: - awareness of and appropriate responses to passengers with physical, sensory (hearing and visual), hidden or learning disabilities, including how to distinguish between the different abilities of persons whose mobility, orientation, or communication may be reduced, - barriers faced by disabled persons and persons with reduced mobility, including attitudinal, environmental/physical and organisational barriers, - service animals, including their role and needs, - dealing with unexpected occurrences, - interpersonal skills and methods of communication with deaf people and people with hearing impairments, people with visual impairments, people with speech impairments, and people with a learning disability, - how to handle wheelchairs and other mobility aids carefully so as to avoid damage (if any, for all staff who are responsible for luggage handling); (b) Disability-assistance training Training of all staff, including those employed by any other performing party, directly assisting disabled persons and persons with reduced mobility includes: - how to help wheelchair users make transfers into and out of a wheelchair, - skills for providing assistance to disabled persons and persons with reduced mobility travelling with a service animal, including the role and the needs of these animals, - techniques for escorting visually impaired passengers and for the handling and carriage of service animals, - an understanding of the types of equipment which can assist disabled persons and persons with reduced mobility and a knowledge of how to handle such an equipment, - the use of boarding and alighting assistance equipment used and knowledge of the appropriate boarding and alighting assistance procedures that safeguard the safety and dignity of disabled persons and persons with reduced mobility, - understanding of the need for reliable and professional assistance. Also awareness of the potential of certain disabled passengers to experience feelings of vulnerability during travel because of their dependence on the assistance provided, a knowledge of first aid.
2018/04/03
Committee: TRAN