BETA

75 Amendments of Sergio Gaetano COFFERATI related to 2017/0237(COD)

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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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