Activites

• 2007/12/03 Final act published in Official Journal
  • Regulation 2007/1371
  • OJ L 315 03.12.2007, p. 0014
• 2007/10/23 Final act signed
• 2007/10/23 End of procedure in Parliament
• #2819
• 2007/09/26 Council Meeting
• 2007/09/25 Decision by Parliament, 3rd reading
  • T6-0403/2007 summary

    The European Parliament adopted a resolution on the joint text approved by the Conciliation Committee for a regulation of the European Parliament and of the Council on rail passengers’ rights and obligations. It approved the joint text.The key points of the agreement reached on the scope of the Regulation (Article 2) can be summarised as follows:the Regulation will apply to all rail journeys and services provided by licensed railway undertakings; when the Regulation enters into force in late 2009, all rail passengers will enjoy a set of basic rights (covering, for example, companies' liability for passengers and their luggage, and the right to transport of people with reduced mobility); Member States may exempt long-distance domestic rail services from the other provisions of the Regulation for an initial period of five years, which may subsequently be extended for two further periods of up to five years; with the exception of the basic rights which will apply universally, Member States may grant urban, suburban and regional services an indefinite exemption; the Commission is required to take appropriate action if an exemption granted by Member States is deemed to be not in accordance with the provisions of Article 2.Other important elements of the overall agreement are:if Member States grant exemptions from the Regulation, they 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 of a rail service; railway undertakings must inform passengers of their rights and obligations under the Regulation. They may make use of a summary of its provisions to be drawn up by the Commission in all official languages; companies must put in place non-discriminatory access rules for the transport of disabled people and persons with reduced mobility. At unmanned stations, railway undertakings must make every reasonable effort to give disabled people and persons with reduced mobility access to travel by rail; carriage of baby carriages and wheelchairs is covered by the provisions of the Regulation dealing with disabled people and persons with reduced mobility, and by COTIF. A new Article in the Regulation provides that railway undertakings must enable passengers to bring bicycles on to a train, if appropriate for a fee, provided they are easy to handle, that the rolling stock permits this, and that the railway service is not adversely affected; railway companies must define service quality standards and publish an annual report on how far they have met these. These reports must be put on the website of the railway company concerned, and will also be made available through the website of the European Railway Agency.

• 2007/09/24 Debate in Parliament
  • Debate in Parliament
• 2007/09/12 Report tabled for plenary, 3rd reading
  • A6-0313/2007
• 2007/07/31 Final decision by Conciliation Committee
  • 03637/2007
• 2007/06/05 Formal meeting of Conciliation Committee
• #2802
• 2007/05/24 Council Meeting
• 2007/01/18 Results of vote in Parliament
  • Results of vote in Parliament
  • T6-0005/2007 summary

    The European Parliament voted on the "third rail package" - three separate reports on opening up rail networks to competition (COD/2004/0047), minimum rights for passengers and a European licence for train drivers (COD/2004/0048). Wide differences remain between Parliament and the Council, and this legislation is now expected to go to conciliation. In this report by Dirk Sterckx (ALDE, BE) on minimum rights for rail passengers, Parliament stated that it was desirable to extend the scope of the Regulation and protect not only international passengers but domestic passengers too. This conflicts with the Council's position.The other principal amendments were as follows: - The Regulation will apply to all rail journeys and services throughout the Community provided by licensed railway undertakings. Temporary exemptions to the provisions applicable to national passenger transport systems should be allowed (for a maximum of 10 years) for some Member States which will be required to make major adjustments, in particular as regards ticket and information systems and reimbursement and compensation schemes. Moreover, those Member States in which public service contracts currently in force already contain arrangements for reimbursement and compensation for delays, missed connections and cancellations may accord railway undertakings a temporary exemption, for a maximum of 10 years. However, new contracts will have to comply immediately with the provisions of the regulation;- Parliament also redrafted Article 17 to make it clear that persons with reduced mobility can only be denied access to transport in accordance with non-discriminatory access rules determined in advance by railway undertakings and station managers, with the active involvement of representative organisations of persons with reduced mobility. Rail undertakings and station managers must ensure that persons of reduced mobility have access to rolling stock and stations, platforms and other facilities, and that when renovations are carried out or any new rolling stock is purchased accessibility for such persons is guaranteed. New provisions on assistance to persons of reduced mobility were introduced into the regulation, including clarification of the obligations of the station manager and the rail undertaking in an unstaffed station;- a new clause states that there shall be no financial limits to a rail undertaking's liability for damages in the event of the death or physical injury of a passenger;- passengers who hold a rail season ticket and who encounter recurrent delays or cancellations during the period of validity of their season ticket may request compensation. This may be paid either in the form of a price reduction on the purchase of a new season ticket or in the form of an extension of the period of validity of the existing season ticket;- compensation for delays shall always be calculated in relation to the price which the passenger actually paid for the delayed service. In the case of a transport contract such as a travel pass entitling the holder to a number of journeys, compensation shall be calculated in relation to the price for a single journey;- all trains, including cross-border and high-speed trains, shall provide, where appropriate for a fee, a specially designated area enabling passengers to bring on to the train baby carriages, wheelchairs, bicycles and sports equipment;- on contesting liability, a new clause states that, even if the railway undertaking contests its responsibility for bodily injury to a passenger whom it conveys, it shall remain the passenger's sole interlocutor and the only entity from which the passenger may claim compensation, without prejudice to redress on grounds of liability which the railway undertaking may seek from third parties;- lastly, railway undertakings shall publish each year a report on their service quality performance together with their annual report. These results shall be published on the internet website of the railway undertakings and on the website of the competent authorities; they shall also be published on the website of the European Railway Agency, where they shall be presented in an accessible manner, making it possible to compare the results of the railway undertakings.

• 2007/01/17 Debate in Parliament
  • Debate in Parliament
• 2006/12/22 Committee recommendation tabled for plenary, 2nd reading
  • A6-0479/2006
• 2006/12/19 Vote in committee, 2nd reading
• 2006/09/28 Committee referral announced in Parliament, 2nd reading
• #2747
• 2006/07/24 Council Meeting
  • 05892/1/2006 summary

    Out of the 122 amendments adopted by the Parliament in first reading, 63 were fully taken on board by the Council in its Common Position and 9 were partially accepted. The Common Position establishes rules concerning the following:- information to be provided by railway undertakings, the conclusion of transport contracts, the issuing of tickets and implementation of a computerised information and reservation system for rail transport;- liability of railway undertakings and their insurance obligations for passengers and their luggage;- minimum obligations of railway undertakings to passengers in the event of delay, missed connections and cancellations;- protection of and assistance to persons with reduced mobility travelling by rail; - definition and monitoring of service quality standards for international services, the management of risks to the personal security of passengers and the handling of complaints;- general rules on enforcement.The key policy issues were as follows:Compatibility with COTIF/CIV: some of the arrangements which the Commission presented in its proposal were prompted by the provisions of the COTIF (the Convention concerning International Carriage by Rail) and its CIV Appendix (Uniform Rules concerning the Contract for International Carriage of Passengers and Luggage by Rail). In order to ensure coherence between Community legislation and the international agreement, the Council decided to incorporate certain COTIF/CIV provisions into the new text. This was done by means of introductory Articles that refer to extracts from the COTIF/CIV contained in Annex I of the Regulation. The provisions in question allow compatibility with the COTIF/CIV and avoid the need to legislate on matters already covered by the COTIF/CIV (rules on transport contracts, liability of railway undertakings in respect of passengers and their luggage, delays, missed connections and cancellations). The Council states that the European Parliament followed a similar approach by adopting amendments which - in full or in part - call for the application of the respective COTIF/CIV provisions. Parliament had also suggested the deletion of a series of CIV-incompatible provisions from the original Commission text.  Scope: the overall scope of Council's Common Position covers international journeys throughout theCommunity undertaken on domestic and international services, which are provided by one or more railway undertakings.1) Limitations: domestic services: the Council decided to limit the scope with regards to delays, missed connections and cancellations (Chapter IV) and service quality standards (Chapter VI, Article 25). In order to avoid an excessive financial burden, the following provisions shall only apply to internationaljourneys on international services and exclude providers of domestic services:- for parts of an international journey, the obligations concerning reimbursement and rerouting, compensation of the ticket price, and of assistance in case of delays in arrival or departure;- all the obligations concerning the setting up and monitoring of, and reporting on, service quality systems and their management.2) Limitations: temporary exemptions: the Council also decided to limit the scope of its Common Position in so far as it provides for temporary exemptions granted to Member States for certain regional cross-border services and international services where a significant part of the service is being operated outside the Community. Member States applying such provisions will have to notify the Commission,which will then determine whether an exemption is in accordance with the provisions of the draft Regulation. In providing the possibility of granting such exemptions, the Council intended to leave it to the Member States to address those issues in such exceptional situations, thus avoiding an additional financial burden for the service providers.3) Enlarged scope: persons with reduced mobility: one of the main goals of the proposal is to make rail travel more accessible to persons with reduced mobility (PRM). Consequently, the Council decided to go further than the Commission had done in its proposal and to make the provisions for PRMs also applicable to domestic journeys on international services.In its opinion in first reading, the European Parliament had decided to follow a different path and to make the provisions of the draft Regulation applicable to all rail passengers. The Council considers that such an approach is premature and prefers to see its Common Position as complementing the Market Access Directive, which legislates only on the opening of the international rail passenger market.Computerised Information and Reservation system for Rail Transport (CIRSRT): in order to ensure the provision of information and the issuance of tickets in accordance with the draft Regulation, the Council decided to introduce an obligation for railway undertakings and ticket vendors to make use of a Computerised Information and Reservation system for Rail Transport. The procedures for establishing this system are set out in the Common Position and rely on the Technical Specifications of Interoperability of Directive 2001/16/EC(Chapter II and Annex II, 2.5). By setting up this system the Council moved away from the Commission proposal, which based the access to travel information on the concept of system vendors. The Council considered the involvement of such intermediaries as unnecessary and therefore decided to address the relevant provisions directly to the railway undertakings and ticket vendors.Delays, missed connections and cancellations: as mentioned above, the Council chose to align the provisions concerning a railway undertaking's liability in case of delays, missed connections and cancellations with the relevant chapter of COTIF/CIV. Moreover, the Council decided to include special provisions for reimbursement and re-routing, the compensation of the ticket price and the obligation to provide assistance to passengers in case of a delay in arrival or departure. As for the compensation of the ticket price, the Common Position is more in line with the European Parliament's position and provides for a simpler and more transparent scheme than that proposed by the Commission. The provision adopted is determined by the length of the delay which functions as the basis for the amount of compensation. In addition, the Council made the form of payment of compensation more flexible (vouchers and/or other services or cash), which also follows a suggestion of the European Parliament.  Special Provisions for Persons with reduced mobility: in order to facilitate travelling by rail, the Common Position establishes special provisions as regards the rights to transport, the assistance to be provided at railway stations and on board trains and the conditions under which such assistance is available, compensation in respect of mobility equipment and information to be given to persons with reduced mobility. By doing so, the Council seeks to ensure equal access to rail travel at no additional cost for the passengers concerned.Other issuesSecurity, Complaints and Quality of Service: the personal security of passengers has recently become a core principle in the field of transport. The Common Position contains provisions obliging the stakeholders to take adequate measures - in agreement with public authorities - to ensure the passengers' personal security at railway stations and on trains and to manage risks. By extending these obligations to station managers, the Council followed a suggestion of the European Parliament. The Common Position also obliges railway undertakings - in cooperation with their ticket vendors - to establish a complaint handling mechanism for the rights and obligations covered in the draft Regulation. Moreover, railway undertakings will have to publish an annual report listing the complaints received and their handling. Concerning the quality of service, the Common Position contains provisions obliging railway undertakings to define service quality standards and to implement a system to maintain service quality. Annex III of the draft Regulation contains a minimum list of items, which have to be covered in these standards. Railway undertakings will also be obliged to publish a report on their service quality performance on an annual basis. Enforcement: the Common Position stipulates an obligation for Member State to designate a body responsible for the enforcement of the draft Regulation. Moreover, it requires these enforcement bodies to cooperate and to exchange information with a view to promoting coordinated decision-making principles across the Member States.The Council states that its Common Position has taken full account of the proposal of the Commission and the European Parliament's opinion in first reading. With respect to the amendments proposed by the European Parliament, the Council observes that a considerable number of amendments have - in spirit, partially or in full - already been covered in its Common Position. The decision to avoid "double legislation" and therefore to integrate certain COTIF/CIV provisions clearly underlines the spirit of understanding between the two co-legislators. As regards the main issue of disagreement - the inclusion of domestic rail passenger transport within the scope of the draft Regulation - the Council considers its approach to be a balanced and appropriate response.

• #2695
• 2005/12/01 Council Meeting
• 2005/09/28 Decision by Parliament, 1st reading/single reading
  • T6-0356/2005 summary

    The European Parliament adopted the resolution drafted by Dirk STERCKX (ELDR, BE) amending the Proposal and making some important changes to the Commission’s text. (Please see the summary dated 19/04/2005 for the principal amendments.) The most significant is the extension of the proposal’s scope to cover national services. All passengers in all national and international trains would for example be eligible for financial compensation in the event of significant delays. The European Commission only proposed compensation in the context of cross-border services. Parliament suggested that passengers with season tickets should be offered free trips, price reductions or an extension of the validity of their season ticket to compensate for delays and train cancellations. It also reviews levels of compensation proposed by the Commission:- 25% of the fare for a delay of 60 minutes or more;- 50% for a delay of 120 minutes or more and- 75% for a delay of 180 minutes or more.The system is therefore simplified in relation to the initial proposal, which provided for compensation calculated according to the extent of the delay and the type of service (high-speed train or other services), with scope for full refunds.Regarding liability of rail companies in the event of death or injury to passengers, a parliamentary amendment exonerated operators in the event of natural catastrophes or acts of terrorism. In addition, there were the following amendments:-Public service contracts, too, must guarantee at least the level of protection provided for in the Regulation. Member States may provide for more extensive rights in domestic legislation or public service contracts. For a period of five years from the entry into force of this Regulation, Member States may request a derogation from this provision. When adopting its decision on the derogation,the Commission shall take into account the situation and development of the rail market in the Member States concerned;-Parliament amended several definitions, including those of "main railway station" and “reservation” as well as “delay”;-a new clause states that tickets issued in the framework of public service contracts must be distributed at least certain prescribed points of sale;-If there is no ticket office or selling machine in the railway station of departure, passengers must at least be informed in the railway station of certain alternatives;-The first priority for railway undertakings shall be to ensure connections and avoid cancellations by with all available means;-Railway undertakings and station managers must progressively improve the accessibility of stations, platforms and trains to people with reduced mobility by eliminating all remaining obstacles when trains are renewed or replaced, or when platforms and/ or stations are renewed or newly developed;-During the training of the railway and station staff responsible, particular attention will be paid to the main problems facing people with reduced mobility when travelling by train, so that they can provide the right assistance; this shall be done in consultation with the organisations concerned.

• 2005/09/27 Debate in Parliament
  • Debate in Parliament
• #2671
• 2005/06/27 Council Meeting
  • 2671 summary

    The Council took note of the Presidency progress report on the proposal for a Regulation on International Rail Passengers' Rights and Obligations (third Railway Package). The Council held a policy debate at the TTE Council meeting on 21 April 2005 during which the Member States expressed their positions on the key points of the proposal. On this basis, the Luxembourg Presidency has prepared a new text of the Regulation on which the Council bodies are still working.The proposal includes provisions concerning:- the establishment of an international, integrated information and reservation system;- greater liability for railway undertakings in the event of death or injury of passengers in comparison with the COTIF/CIV system;- a more generous compensation scheme than under the COTIF/CIV system in the event of a delay, missed connection or cancellation of services;- assistance for persons with reduced mobility.

• 2005/04/28 Committee report tabled for plenary, 1st reading/single reading
  • A6-0123/2005
• #2654
• 2005/04/21 Council Meeting
  • 2654 summary

    The Council held a policy debate on the basis of a questionnaire presented by the Presidency on the proposal for a Regulation on International Rail Passengers' Rights and Obligations (Third Railway Package). The Council instructed the Permanent Representatives Committee to continue proceedings on the proposal in the light of the guidelines drawn up at the close of the debate.The arrangements which the Commission wishes to introduce are prompted partly by the provisions of the COTIF (the Convention concerning International Carriage by Rail) and its CIV Appendix (Uniform Rules concerning the Contract for International Carriage of Passengers and Luggage by Rail), and partly by Community rules adopted for air passengers. At the same time the Commission is proposing new measures.

• 2005/04/19 Vote in committee, 1st reading/single reading
• 2004/09/15 Committee referral announced in Parliament, 1st reading/single reading
• #2589
• 2004/06/10 Council Meeting
  • 2589
• #2568
• 2004/03/08 Council Meeting
  • 2568
• 2004/03/03 Legislative proposal published
  • COM(2004)0143 summary

    PURPOSE: continuation of the reform of the rail sector by strengthening International Rail Passengers' Rights and Obligations (Third Railway Package). PROPOSED ACT: European Parliament and Council Regulation. CONTENT: As announced in the White Paper 'European transport policy for 2010: time to decide', the Commission is presenting a proposal with a view to strengthening international rail passengers' rights and obligations. This is one of several measures being proposed to complement the First Rail Package (2001) and the Second Rail Package, which is to be formally adopted in the near future (directive on rail safety, the Rail Agency and the opening of the freight market). Along with this current proposal on the opening of the market, the Commission is also proposing to open up to competition the international transport of passengers within the EU (COD/2004/0047), to establish a certification system for locomotive drivers (COD/2004/0048) and to step up the quality of freight services (COD/2004/0050). As has already been introduced in the aviation sector, with the protection of passengers rights in the event of denied boarding and delays, the Commission is proposing to establish a framework to protect the rights of passengers using international rail services. The proposal will lay down provisions on the minimum requirements for information to be provided to passengers before, during and after their journey; contract conditions; the liability of railway undertakings in cases of accidents, delays or cancellations of services; the conditions under which persons with reduced mobility shall be assisted and, finally, the conditions under which railway undertakings shall co-operate to achieve the aims of the Regulation. Furthermore, this proposal aims at defining the obligations passengers have to comply with, such as the obligation to purchase a ticket and to avoid any behaviour likely to inconvenience train staff or other passengers. This regulation constitutes the basis for the introduction of more favourable measures which will be encouraged through voluntary agreements between the industry and passenger organisations.�

  • DG Energy and Transport, BARROT Jacques

Documents

• Legislative proposal published: COM(2004)0143
• Debate in Council: 2568
• Debate in Council: 2589
• Debate in Council: 2654
• Committee report tabled for plenary, 1st reading/single reading: A6-0123/2005
• Debate in Council: 2671
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 1st reading/single reading: T6-0356/2005
• Council position published: 05892/1/2006
• Committee recommendation tabled for plenary, 2nd reading: A6-0479/2006
• Debate in Parliament: Debate in Parliament
• Results of vote in Parliament: Results of vote in Parliament
• Decision by Parliament, 2nd reading: T6-0005/2007
• Joint text approved by Conciliation Committee co-chairs: 03637/2007
• Report tabled for plenary, 3rd reading: A6-0313/2007
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 3rd reading: T6-0403/2007
• : Regulation 2007/1371
• : OJ L 315 03.12.2007, p. 0014

History

(these mark the time of scraping, not the official date of the change)