91 Amendments of Evelyne GEBHARDT related to 2017/0237(COD)
Amendment 49 #
Proposal for a regulation
Recital 12
Recital 12
(12) In the context of the sale of tickets for the transport of passengers, Member States should take all necessary measures to prohibit discrimination on the basis of nationality or residence, regardless whether the passenger concerned is present, permanently or on a temporary basis, in another Member State. Those measures should cover all covert forms of discrimination which, by the application of other criteria, such as residence, physical or digital location, may have the same effect. In light of the development of online platforms selling passenger transport tickets, Member States should pay special attention to ensuring that no discrimination occurs during the process of accessing online interfaces or purchasing tickets. All prices, tickets and travel options should be available online on a customer friendly interface. Customers should have the possibility to compare all prices, tickets and travel options without any discrimination or restriction. However, transport schemes involving social tariffs should not be automatically precluded, provided that they are proportionate and independent of the nationality of the persons concerned.
Amendment 63 #
Proposal for a regulation
Recital 15
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.
Amendment 70 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Accidents within the meaning of this Regulation shall also include adverse effects on the health of passengers resulting from the overcrowding of compartments of passenger trains, except where the passenger trains are transporting passengers in accordance with Article 16(2) of this Regulation. Accidents within the meaning of this Regulation shall furthermore include adverse effects on the health of passengers resulting from the absence, failure to use or non-functioning of air- conditioning systems and associated temperature or air humidity conditions which are intolerable for passengers.
Amendment 72 #
Proposal for a regulation
Recital 21
Recital 21
Amendment 78 #
Proposal for a regulation
Recital 21
Recital 21
(21) However, a railway undertaking should not be obliged to pay compensation if it can prove that the delay was caused by severe weather conditions or major natural disasters endangering the safe operation of the service. Any such event should have the character of an exceptional natural catastrophe, as distinct from normal seasonal weather conditions, such as autumnal storms or regularly occurring urban flooding caused by tides or snowmelt. Railway undertakings should prove that they could neither foresee nor prevent the delay even if all reasonable measures had been takenIn view of the decision of Court of Justice of the European Union in Case C 509/11 1a (ÖBB-Personenverkehr AG) and the need for legal certainty, protection of passengers, continued high levels of investment in railway rolling stock and infrastructure and good contingency planning, a railway undertaking should be obliged to pay compensation to a passenger for a delay or cancellation that is not the fault of that passenger, regardless of the cause of the delay or cancellation concerned. __________________ 1a1a Case C-509/11, ÖBB- Personenverkehr AG (EU: C2013:613).
Amendment 90 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
b) the liability of railway undertakings and their insurance obligations for passengers and, their luggage and other items worn by the passenger or which they have with them;
Amendment 111 #
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Articles 53 to 7, 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.
Amendment 115 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
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 tickets on behalf of aone or more railway undertakings or for its own account;
Amendment 122 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
8. ‘through-ticket’ means a ticket or tickets representing a single transport contract for successive railway services operated by one or more railway undertakings purchased in a coherent operation or for the purposes of an actual transport chain;
Amendment 131 #
Proposal for a regulation
Recital 21
Recital 21
(21) However, a railway undertaking should not be obliged to pay compensation if it can prove that the delay was caused by severe weather conditions or major natural disasters endangering the safe operation of the service. Any such event should have the character of an exceptional natural catastrophe, as distinct from normal seasonal weather conditions, such as autumnal storms or regularly occurring urban flooding caused by tides or snowmelt. Railway undertakings should prove that they could neither foresee nor prevent the delay even if all reasonable measures had been takenIn view of the decision of the Court of Justice of the European Union in Case C 509/111a (ÖBB- Personenverkehr AG) and the need for legal certainty, protection of passengers, continued high levels of investment in railway rolling stock and infrastructure and good contingency planning, a railway undertaking should be obliged to pay compensation to a passenger for a delay or cancellation that is not the fault of that passenger, regardless of the cause of the delay or cancellation concerned. _________________ 1a Case C-509/11, ÖBB-Personenverkehr AG (EU: C2013:613).
Amendment 133 #
Proposal for a regulation
Article 3 – paragraph 1 – point 17 a (new)
Article 3 – paragraph 1 – point 17 a (new)
17a. ‘Bicycle’ means a one or more wheeled terrestrial vehicle propelled by the muscular energy of the persons on it by means of pedals or hand cranks, possibly supplemented by the use of an electronic motor.
Amendment 138 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Without prejudice to social tariffs, railway undertakings or ticket vendors shall offer contract conditions and tariffs to the general public without direct or indirect discrimination particularly on the basis of the final customer’s nationality, origin or residence, or the place of establishment of the railway undertaking or ticket vendor within the Union.
Amendment 149 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Obligations towards passengers pursuant to this Regulation may not be limited or waived, notably by a derogation or restrictive clause in the transport contract. This shall also apply to transport conditions where a railway undertaking is freed from its obligation to pay compensation for the cost of the ticket in the event of delays if these are attributable to force majeure or one of the causes listed in Article 32(2) of the CIV Uniform Rules.
Amendment 150 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Obligations towards passengers pursuant to this Regulation may not be limited or waived, notably by a derogation or restrictive clause in the transport contract. Any contractual conditions which purport directly or indirectly to waive, derogate from or restrict the rights resulting from this Regulation shall not be binding on the passenger.
Amendment 173 #
Proposal for a regulation
Article 10 – paragraph 1
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. They shall develop suitable IT interfaces and data formats to allow the exchange of information across network, regional and national boundaries and the booking of tickets via the internet.
Amendment 174 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Railway undertakings, tour operators and ticket vendors shall offer tickets and, where available, through-tickets and reservations, through-tickets, reservations and combinations of tickets that provide the most optimal and cost-effective journey or combined journey, including cross- border, in an impartial and non- discriminatory manner. They shall make all possible efforts to offer through-tickets, including for journeys across borders andor involving night trains and journeys with more than one railway undertaking.
Amendment 183 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – introductory part
Article 10 – paragraph 2 – subparagraph 1 – introductory part
Without prejudice to paragraphs 3 and 4, railway undertakings and ticket vendors shall distribute tickets to passengers via the internet and at least one of the following points of sale:
Amendment 187 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – point b
Article 10 – paragraph 2 – subparagraph 1 – point b
(b) telephone, the Internet or any other widely available information technology;
Amendment 193 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
(5) Where there is no open ticket office or accessiblefunctional ticketing machine in the station of departure,or a functional ticket machine which is accessible to persons with disabilities and persons with reduced mobility at the place of departure, passengers shall be permitted to buy tickets on board the train at no extra cost.
Amendment 206 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Where a passenger receives separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings, histheir rights to information, assistance, care and compensation shall be equivalent to those under a through-ticket and cover the whole journey from the departure to the final destination, unless the passenger is explicitly informed otherwise in writing. Such information shall in particular state that when the passenger misses a connection, he or she would not be entitled to assistance or compensation based on the total length of the journey. The burden of proof that the information was provided shall lie with the railway undertaking, its agent, tour operator or ticket vendor.
Amendment 214 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Without losing the right of transport, a passenger may request for the journey or combined journey a passenger shall be entitled to compensation for delays from the railway undertaking, tour operator or ticket vendor if he or she is facing a delay between the places of departure and destination stated in the transport contract for which the cost of the ticket has not been reimbursed in accordance with Article 16. The minimum compensations for delays shall be as follows:
Amendment 224 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
(2) Paragraph 1 also applies to passengers who hold a travel pass or season ticket. If they encounter recurrent delays or cancellations during the period of validity of the travel pass or season ticket, they may request 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 pro rata compensation in accordance with the assessment basis referred to in paragraph 1 in a fair relation to the average journeys and the delays during the validity of the travel pass or season ticket. Where delays of less than 60 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 in accordance with the railway undertaking’s compensation arrangements.
Amendment 230 #
Proposal for a regulation
Article 17 – paragraph 4
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, unless the railway undertaking caused the delay.
Amendment 232 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Obligations towards passengers pursuant to this Regulation may not be limited or waived, notably by a derogation or restrictive clause in the transport contract. Any contractual conditions which purport directly or indirectly to waive, derogate from or restrict the rights resulting from this Regulation shall not be binding on the passenger.
Amendment 237 #
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
(7) The passenger shall not have any right to compensation if he is informed of a delay before he buys a ticket, – unless the actual delay is more than 60 minutes longer than the delay announced – or if a delay due to continuation on a different service or re-routing remains below 60 minutes.
Amendment 240 #
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
Amendment 242 #
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
Amendment 250 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. In the case of a delay in arrival or departure, passengers shall be kept informed of the situation and of the estimated departure time and estimated arrival time by the railway undertaking, tour operator or ticket vendor or by the station manager as soon as such information is available.
Amendment 251 #
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. In the case of any delay as referred to in paragraph 1 of more than 6045 minutes, passengers shall also be offered free of charge:
Amendment 252 #
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
(2) In the case of any delay as referred to in paragraph 1 of more than 6045 minutes, passengers shall also be offered free of charge:
Amendment 253 #
Proposal for a regulation
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) meals and refreshments in reasonable relation to the waiting time, if they are available on the train or in the station, or can reasonably be supplied taking into account criteria such as the distance from the supplier, the time required for delivery and the cost;
Amendment 254 #
Proposal for a regulation
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) meals and refreshments in reasonable relation to the waiting time, if they are available on the train or in the station, or can reasonably be supplied taking into account criteria such as the distance from the supplier, the time required for delivery and the cost ;
Amendment 255 #
Proposal for a regulation
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) hotel or other accommodation, and transport between the railway station and place of accommodation, in cases where a stay of one or more nights becomes necessary or an additional stay becomes necessary, where and when physically possible;
Amendment 256 #
Proposal for a regulation
Article 18 – paragraph 2 – point c
Article 18 – paragraph 2 – point c
(c) if the train is blocked on the track, accessible transport from the train to the railway station, to the alternative departure point or to the final destination of the service, where and when physically possible.
Amendment 257 #
Proposal for a regulation
Article 18 – paragraph 2 – point c
Article 18 – paragraph 2 – point c
(c) if the train is blocked on the track, accessible transport from the train to the railway station, to the alternative departure point or to the final destination of the service, where and when physically possible.
Amendment 258 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
(3) If the railway service cannot be continued anymore, railway undertakings shall organise as soon as possible alternative accessible transport services for passengers.
Amendment 259 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. If the railway service cannot be continued anymore, railway undertakings shall organise as soon as possible alternative accessible transport services for passengers.
Amendment 260 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
(4) Railway undertakings shall, at the request of the passenger, certify in writing, on the ticket or by any other means of the passenger’s choosing, that the rail service has suffered a delay, led to a missed connection or that it has been cancelled, as the case might be.
Amendment 263 #
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. In addition to the obligations on railway undertakings pursuant to Article 13a (3) of Directive 2012/34/EU, the station manager of a railway station handling at least 105 000 passengers per day on average over a year shall ensure that the operations of the station, the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station. The plan shall pay particular attention to the needs of persons with disabilities and persons with reduced mobility and shall ensure that stranded passengers are provided with adequate assistance and information, including in accessible formats in accordance with the accessibility requirements laid down in Directive XXX. The plan shall also include requirements for the accessibility of alert and information systems. Upon request, the station manager shall make the plan, and any amendments to it, available to the national enforcement body or to any other body designated by a Member State. Station managers of railway stations handling fewer than 105 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations.
Amendment 266 #
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
(6) In addition to the obligations on railway undertakings pursuant to Article 13a(3) of Directive 2012/34/EU, the station manager of a railway station handling at least 10 000 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 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. 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 and shall also make it available on the station manager’s webpage. Station managers of railway stations handling fewer than 10 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations.
Amendment 268 #
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
(6a) Without prejudice to the rights under this Article or the rights derived from Article 16 and 17, in the event of a missed connection due to a delay or the cancellation of a train at an earlier leg of the journey or transport chain, passengers shall be entitled to travel on the next possible alternative transport to their final destination.
Amendment 270 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Where a railway undertaking pays compensation or meets its other obligations in accordance with this Regulation, no provision of this Regulation or national law may be interpreted as restricting its right to seek compensation for costs from any person, including third parties, in accordance with the law applicable. In particular, this Regulation shall in no way restrict the railway undertaking's right to seek reimbursement from a third party, with whom it has a contract and which contributed to the event which triggered compensation or other obligations. No provision of this Regulation may be interpreted as restricting the right of a third party, other than a passenger, with whom a railway undertaking has a contract, to seek reimbursement or compensation from the railway undertaking in accordance with applicable relevant laws.
Amendment 272 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
(1) Railway undertakings and station managers shall, with the active involvement of representative organisations of persons with disabilities and persons with reduced mobility, establish, or shall have in place, non- discriminatory access rules for the transport of persons with disabilities and persons with reduced mobility including their personal assistants. The rules shall allow the passenger to be accompanied by an assistance dog service animal in accordance with any relevant national rules, and shall ensure that spontaneous rail travel without the need for lengthy planning is possible for persons with disabilities and persons with reduced mobility.
Amendment 273 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Railway undertakings and station managers shall, with the active involvement of representative organisations of persons with disabilities and persons with reduced mobility, establish, or shall have in place, non- discriminatory access rules for the transport of persons with disabilities and persons with reduced mobility including their personal assistants. The rules shall allow the passenger to be accompanied by an assistance dog service animal in accordance with any relevant national rules, and shall ensure that rail transport for persons with disabilities and persons with reduced mobility is immediate and spontaneous wherever possible.
Amendment 276 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
(1) Upon request, a station manager, a railway undertaking, a ticket vendor or a tour operator shall provide persons with disabilities and persons with reduced mobility with information , including in accessible formats in accordance with the accessibility requirements laid down in Regulation (EU) No 454/2011 and Directive XXX, on the accessibility of the station and associated facilities, rail services and on the access conditions of rolling stock in accordance with the access rules referred to in Article 20(1) and shall inform persons with disabilities and persons with reduced mobility about facilities on board. This information shall also be made available on the website of the station manager or railway undertaking in an accessible manner.
Amendment 280 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. When a railway undertaking, ticket vendor or tour operator exercises the derogation provided for in Article 20(2), it shall upon request inform in writing the person with disabilities or person with reduced mobility concerned of its reasons for doing so within five working days of the refusal to make the reservation or to issue the ticket or the imposition of the condition of being accompanied. The railway undertaking, ticket vendor or tour operator shall make reasonable efforts to propose an alternative transport option to the person in question taking into account his or her accessibility needs.
Amendment 283 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Railway undertakings, tour operators and ticket vendors shall offer tickets and, where available, through-tickets and reservations, through-tickets, reservations and combinations of tickets that provide the most optimal and cost-effective journey or combined journey, including cross- border, in an impartial and non- discriminatory manner. They shall make all possible efforts to offer through-tickets, including for journeys across borders andor involving night trains and journeys with more than one railway undertaking.
Amendment 293 #
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) assistance shall be provided on condition that the railway undertaking, the station manager, the ticket vendor or the tour operator with which the ticket was purchased is notified of the person’s need for such assistance at least 48 hours before the assistance is neededthe time of booking of the ticket or upon arrival at the station where the assistance is needed. The passenger shall be able to book such assistance free of charge. Where a ticket or season ticket permits multiple journeys, one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided. Such notifications shall be forwarded to all other railway undertakings and station managers involved in the person’s journey;
Amendment 295 #
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) assistance shall be provided on condition that the railway undertaking, the station manager, the ticket vendor or the tour operator with which the ticket was purchased is notified of the person’s need for such assistance at least 48 hours before the assistance is neededupon booking the ticket or upon arrival at the station. Where a ticket or season ticket permits multiple journeys, one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided. Such notifications shall be forwarded to all other railway undertakings and station managers involved in the person’s journey;
Amendment 300 #
Proposal for a regulation
Article 24 – paragraph 1 – point e a (new)
Article 24 – paragraph 1 – point e a (new)
(ea) Assistance shall also be provided if the specially trained staff of the railway undertaking or station manager are made aware of the need for assistance and if it is actually possible for them to provide such assistance.
Amendment 304 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
(2) The compensation referred to in paragraph 1 shall be equal to the cost of replacement or repair of the equipment or devices lost or damaged. It shall also cover the cost of renting suitable replacement assistive devices required by the passenger until the mobility device is replaced or the repaired device is returned to the passenger.
Amendment 306 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
(3) Where necessary, railway undertakings and station managers shall make every reasonable effort rapidly toat their expense and without delay provide temporary replacements for specific equipment or assistive devices, which shall, where possible, have technical and functional features equivalent to those lost or damaged. The person with disabilities or reduced mobility shall, where possible and if they so desire, be permitted to keep the temporary replacement equipment or device until the compensation referred to in paragraphs 1 and 2 has been paid.
Amendment 311 #
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) ensure that, upon recruitment, all new employeesstaff receive disability-related training and that personnel attend regular refresher training courses, and that advanced or in- depth courses in the provision of assistance to persons with disabilities are offered.
Amendment 312 #
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) ensure that, upon recruitment, all new employeesstaff receive disability-related training, and that personnel attend regular refresher training courses.ttend regular refresher training courses, and that advanced level or more specialised disability-related training is also provided where necessary;
Amendment 315 #
Proposal for a regulation
Article 26 – paragraph 1 – point d a (new)
Article 26 – paragraph 1 – point d a (new)
(da) The training courses relating to persons with disabilities referred to in points (a) to (d) shall comply with the specifications set out in Annex VI.
Amendment 317 #
Proposal for a regulation
Article 26 – paragraph 1 – point d b (new)
Article 26 – paragraph 1 – point d b (new)
(db) disability-related training courses mentioned in paragraphs (a) to (e) of this Article shall meet the specifications set out in Annex VI.
Amendment 318 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
(1) All railway undertakings, ticket vendors, station managers and infrastructure managers of stations handling more than 10 000 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. The complaint form shall be made available in the official language of the country, in English and in all the languages of the neighbouring Member States.
Amendment 322 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
(2) Passengers may submit a complaint to any railway undertaking, ticket vendor, railway station or infrastructure manager involved. Passengers shall have the right to submit complaints in the same manner in which they received their ticket. Complaints shall be submitted within six months of the incident that is the subject of the complaint. Within one month of receiving the complaint, the addressee shall either give a reasoned reply or, in justified cases, inform the passenger by what date within a period of less than three months from the date of receipt of the complaint a reply can be expected. Railway undertakings, ticket vendors, station managers and infrastructure managers shall keep the incident data necessary to assess the complaint for two years and make them available to national enforcement bodies upon request.
Amendment 328 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Where a passenger receives separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings, histheir rights to information, assistance, care and compensation shall be equivalent to those under a through-ticket and cover the whole journey from the departure to the final destination, unless the passenger is explicitly informed otherwise in writing. Such information shall in particular state that when the passenger misses a connection, he or she would not be entitled to assistance or compensation based on the total length of the journey. The burden of proof that the information was provided shall lie with the railway undertaking, its agent, tour operator or ticket vendor.
Amendment 330 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
(2) Railway undertakings and station managers shall inform passengers in an appropriate manner, including in accessible formats in accordance with the accessibility requirements in Directive XXX, at the station and, on the train and on their website, of their rights and obligations under this Regulation, and of the contact details of the body or bodies designated by Member States pursuant to Article 31.
Amendment 332 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
Member States shall inform the Commission of the body or bodies designated in accordance with this Article and of its or their respective responsibilities and shall publish them in a suitable place on their websites.
Amendment 346 #
Proposal for a regulation
Annex I – Article 9 – point 1 – introductory part
Annex I – Article 9 – point 1 – introductory part
(1) TIf there are no grounds for exemption pursuant to Article 10 of the Regulation, the passenger must, from the start of his journey, be in possession of a valid ticket and produce it on the inspection of tickets. The General Conditions of Carriage may provide:
Amendment 347 #
Proposal for a regulation
Annex I – Article 11 – paragraph 1
Annex I – Article 11 – paragraph 1
The carrier must, where necessary, certify on the ticket in writing that the train has been cancelled or the connection missed.
Amendment 348 #
Proposal for a regulation
Annex I – Article 12 – point 1
Annex I – Article 12 – point 1
(1) The passenger may take with him articles which can be handled easily (hand luggage) and also live animals in accordance with the General Conditions of Carriage. Moreover, the passenger may take with him cumbersome articles in accordance with the special provisions, contained in the General Conditions of Carriage. Articles and animals likely to annoy or inconvenience passengers or cause damage and which cannot be stowed appropriately or accommodated in an animal-friendly manner shall not be allowed as hand luggage.
Amendment 349 #
Proposal for a regulation
Annex I – Article 30 – point 2
Annex I – Article 30 – point 2
(2) The amount of damages to be awarded pursuant to paragraph 1 shall be determined in accordance with national law. However, for the purposes of these Uniform Rules, the upper limit per passenger shall be set at 175500 000 units of account as a lump sum or as an annual annuity corresponding to that sum, where national law provides for an upper limit of less than that amount.
Amendment 350 #
Proposal for a regulation
Annex I – Article 32 – point 2 – introductory part
Annex I – Article 32 – point 2 – introductory part
(2) The carrier shall be relieved of this liability, when the cancellation, late running or missed connection is solely attributable to one of the following causes:
Amendment 351 #
Proposal for a regulation
Annex I – Article 36 – point 2
Annex I – Article 36 – point 2
(2) The carrier shall be relieved of this liability to the extent that the loss, damage or delay in delivery was caused by a fault of the passenger, by an order given by the passenger other than as a result of the fault of the carrier, by an inherent defect in the registered luggage or by circumstances which the carrier acting in compliance with his duty of care could not avoid and the consequences of which he was unable to prevent.
Amendment 352 #
Proposal for a regulation
Annex I – Article 36 – point 3 – introductory part
Annex I – Article 36 – point 3 – introductory part
(3) The carrier acting in compliance with his duty of care shall be relieved of this liability to the extent that the loss or damage arises from the special risks inherent in one or more of the following circumstances:
Amendment 353 #
Proposal for a regulation
Annex I – Article 39 – point 3
Annex I – Article 39 – point 3
(3) Any special agreement under which the carrier assumes obligations not imposed by these Uniform Rules or waives rights conferred by these Uniform Rules shall be of no effect in respect of the substitute carrier who has not accepted it expressly and in writing. Whether or not the substitute carrier has accepted it, the carrier shall nevertheless remain bound by the obligations or waivers resulting from such special agreement.
Amendment 354 #
Proposal for a regulation
Annex I – Article 40 – point 2
Annex I – Article 40 – point 2
(2) If an item of luggage deemed to have been lost is recovered within one year after the request for delivery, the carrier must notify the person entitled if his address is known or can be ascertained.
Amendment 355 #
Proposal for a regulation
Annex I – Article 40 – point 4
Annex I – Article 40 – point 4
(4) If the item of luggage recovered has not been claimed within the period stated in paragraph 3 or if it is recovered more than one year after the request for delivery, the carrier shall dispose of it in accordance with the laws and prescriptions in force at the place where the item of luggage is situated.
Amendment 356 #
Proposal for a regulation
Annex I – Article 55 – point 2
Annex I – Article 55 – point 2
(2) Other claims relating to the contract of carriage must be addressed in writing or through a suitable digital medium to the carrier specified in Article 56(2) and (3).
Amendment 357 #
Proposal for a regulation
Annex I – Article 55 – point 3
Annex I – Article 55 – point 3
(3) Documents which the person entitled thinks fit to submit with the claim shall be produced either in the original or as copies, where appropriate, the copies duly certified if the carrier so requires. On settlement of the claim, the carrier may require the surrenderbmission of a copy of the ticket, the luggage registration voucher and the carriage voucher.
Amendment 358 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Without losing the right of transport, a passenger may request for the journey or combined journey a passenger shall be entitled to compensation for delays from the railway undertaking, tour operator or ticket vendor if he or she is facing a delay between the places of departure and destination stated in the transport contract for which the cost of the ticket has not been reimbursed in accordance with Article 16. The minimum compensations for delays shall be as follows:
Amendment 374 #
Proposal for a regulation
Annex V a (new)
Annex V a (new)
Amendment 375 #
Proposal for a regulation
Annex V a (new)
Annex V a (new)
Amendment 412 #
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
Amendment 428 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. In the case of a delay in arrival or departure, passengers shall be kept informed of the situation and of the estimated departure time and estimated arrival time by the railway undertaking, tour operator or ticket vendor or by the station manager as soon as such information is available.
Amendment 431 #
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. In the case of any delay as referred to in paragraph 1 of more than 6045 minutes, passengers shall also be offered free of charge:
Amendment 433 #
Proposal for a regulation
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) meals and refreshments in reasonable relation to the waiting time, if they are available on the train or in the station, or can reasonably be supplied taking into account criteria such as the distance from the supplier, the time required for delivery and the cost;
Amendment 438 #
Proposal for a regulation
Article 18 – paragraph 2 – point c
Article 18 – paragraph 2 – point c
(c) if the train is blocked on the track, accessible transport from the train to the railway station, to the alternative departure point or to the final destination of the service, where and when physically possible.
Amendment 441 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. If the railway service cannot be continued anymore, railway undertakings shall organise as soon as possible alternative accessible transport services for passengers.
Amendment 445 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Railway undertakings shall, at the request of the offer to certify for affected passenger, certifys on their ticket or by any other means that the rail service has suffered a delay, led to a missed connection or that it has been cancelled, as the case might be.
Amendment 451 #
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. In addition to the obligations on railway undertakings pursuant to Article 13a(3) of Directive 2012/34/EU, the station manager of a railway station handling at least 105 000 passengers per day on average over a year shall ensure that the operations of the station, the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station. The plan shall pay particular attention to the needs of persons with disabilities and persons with reduced mobility and shall ensure that stranded passengers are provided with adequate assistance and information, including in accessible formats in accordance with the accessibility requirements laid down in Directive XXX. The plan shall also include requirements for the accessibility of alert and information systems. Upon request, the station manager shall make the plan, and any amendments to it, available to the national enforcement body or to any other body designated by a Member State. Station managers of railway stations handling fewer than 105 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations.;
Amendment 457 #
Proposal for a regulation
Article 18 – paragraph 6 a (new)
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.
Amendment 459 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Where a railway undertaking pays compensation or meets its other obligations in accordance with this Regulation, no provision of this Regulation or national law may be interpreted as restricting its right to seek compensation for costs from any person, including third parties, in accordance with the law applicable. In particular, this Regulation shall in no way restrict the railway undertaking’s right to seek reimbursement from a third party, with whom it has a contract and which contributed to the event which triggered compensation or other obligations. No provision of this Regulation may be interpreted as restricting the right of a third party, other than a passenger, with whom a railway undertaking has a contract, to seek reimbursement or compensation from the railway undertaking in accordance with applicable relevant laws.
Amendment 460 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Railway undertakings and station managers shall, with the active involvement of representative organisations of persons with disabilities and persons with reduced mobility, establish, or shall have in place, non- discriminatory access rules for the transport of persons with disabilities and persons with reduced mobility including their personal assistants. The rules shall allow the passenger to be accompanied by an assistance dog service animal in accordance with any relevant national rules, and shall ensure that rail transport for persons with disabilities and persons with reduced mobility is immediate and spontaneous wherever possible.
Amendment 515 #
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) assistance shall be provided on condition that the railway undertaking, the station manager, the ticket vendor or the tour operator with which the ticket was purchased is notified of the person’s need for such assistance at least 48 hours before the assistance is neededupon booking the ticket or upon arrival at the station. Where a ticket or season ticket permits multiple journeys, one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided. Such notifications shall be forwarded to all other railway undertakings and station managers involved in the person’s journey;
Amendment 560 #
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) ensure that, upon recruitment, all new employeesstaff receive disability-related training, and that personnel attend regular refresher training courses.ttend regular refresher training courses, and that advanced level or more specialised disability-related training is also provided where necessary;
Amendment 568 #
Proposal for a regulation
Article 26 – paragraph 1 a (new)
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.
Amendment 633 #
Proposal for a regulation
Annex V a (new)
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.