DRAFT RECOMMENDATION FOR SECOND READING on the Council position at first reading for adopting a regulation of the European Parliament and of the Council concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC)N°2006/2004

10.6.2010 - (14849/3/2009 – C7‑0076/2010 – 2008/0246(COD)) - ***II

Committee on Transport and Tourism
Rapporteur: Inés Ayala Sender

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the Council position at first reading for adopting a regulation of the European Parliament and of the Council on Parliament and of the Council concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC)N°2006/2004 (14849/3/2009 – C7‑0076/2010 – 2008/0246(COD))

(Ordinary legislative procedure: second reading)

The European Parliament,

–   having regard to the Council position at first reading (14849/3/2009 – C7‑0076/2010),

–   having regard to the Commission proposal to Parliament and the Council (COM(2008)0816),

–   having regard to Article 251(2) and Articles 71(1) and 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0476/2008),

–   having regard to its position at first reading[1],

–   having regard to the Commission Communication to Parliament and the Council entitled 'Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures '(COM(2009)0665),

–   having regard to Article 294(7) and Articles 91(1) and 100(2) of the Treaty on the Functioning of the European Union,

–   having regard to the opinion of the Economic and Social Committee of 16 July 2009,

–   after consulting the Committee of Regions,

–   having regard to Rule 66 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on Transport and Tourism (A7‑0177/2010),

1.  Adopts its position at second reading hereinafter set out;

2.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment  1 Council position – amending act Recital 5
Council position	Amendment
(5) In the light of Article 9 of the United Nations Convention on the Rights of Persons with Disabilities and in order to give disabled persons and persons with reduced mobility opportunities for maritime and inland waterway travel comparable to those of other citizens, rules for non-discrimination and assistance during their journey should be established. Those persons should therefore be accepted for carriage and not refused transport on the grounds of their disability or lack of mobility, except for reasons which are justified on the grounds of health and safety and established by the competent authorities. They should enjoy the right to assistance in ports and on board passenger ships. In the interests of social inclusion, the persons concerned should receive this assistance free of charge. Carriers should establish access conditions, preferably using the European standardisation system.	(5) In the light of Article 9 of the United Nations Convention on the Rights of Persons with Disabilities and in order to give disabled persons and persons with reduced mobility opportunities for maritime and inland waterway travel comparable to those of other citizens, rules for non-discrimination and assistance during their journey should be established. Those persons should therefore be accepted for carriage and not refused transport, except for reasons which are justified on the grounds of safety and established by the competent authorities. They should enjoy the right to assistance in ports and on board passenger ships. In the interests of social inclusion, the persons concerned should receive this assistance free of charge. Carriers should establish access conditions, preferably using the European standardisation system.
Justification
A passenger is not refused travel on the grounds of their disability or reduced mobility but on grounds of safety and this should be clear in the text. Health concerns, for instance with regard to epidemics, affect all passengers and should not be a reason for refusing disabled passengers or those with reduced mobility under the terms of this Regulation.
Amendment  2 Council position – amending act Recital 6
Council position	Amendment
(6) In deciding on the design of new ports and terminals, and as part of major refurbishments, the bodies responsible for those facilities should, where necessary, take into account the needs of disabled persons and persons with reduced mobility. Similarly, carriers should, where necessary, take such needs into account when deciding on the design of new and newly refurbished passenger ships in accordance with Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships and Directive 2006/87/EC of the European Parliament and of the Council of 12 December 2006 laying down technical requirements for inland waterway vessels.	(6) In deciding on the design of new ports and terminals, and as part of major refurbishments, the bodies responsible for those facilities should take into account the needs of disabled persons and persons with reduced mobility, in particular with regard to accessibility, paying particular consideration to ‘design for all’ requirements. Carriers should take such needs into account when deciding on the design of new and newly refurbished passenger ships in accordance with Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships and Directive 2006/87/EC of the European Parliament and of the Council of 12 December 2006 laying down technical requirements for inland waterway vessels.
Amendment  3 Council position – amending act Recital 8 a (new)
Council position	Amendment
	(8a) The provisions governing the embarkation of disabled persons or persons with reduced mobility should be without prejudice to the general provisions applicable to the embarkation of passengers laid down by the international, Union or national rules in force.
Justification
This amendment draws attention to the fact that all passengers, without distinction, are covered by general rules.
Amendment  4 Council position – amending act Recital 8 b (new)
Council position	Amendment
	(8b) Member States/port authorities should improve existing infrastructure and carriers should improve their ships, where this is necessary to ensure barrier-free access for disabled persons and persons with reduced mobility as well as to provide appropriate assistance.
Amendment  5 Council position – amending act Recital 11 a (new)
Council position	Amendment
	(11a) In accordance with generally accepted principles, carriers should bear the burden of proving that the cancellation or delay was caused by such weather conditions or extraordinary circumstances.
Justification
The purpose of this amendment is to make clear that this Regulation is coherent with that on aviation passenger rights: the burden of proof should be on the carrier in the event of an exception.
Amendment  6 Council position – amending act Recital 12
Council position	Amendment
(12) Weather conditions endangering the safe operation of the ship should include, but not be limited to, strong winds, heavy seas, strong currents, difficult ice conditions and extremely high or low water levels.	(12) Weather conditions and natural disasters endangering the safe operation of the ship should include, but not be limited to, strong winds, heavy seas, strong currents, difficult ice conditions, extremely high or low water levels, hurricanes and tornados, fires, floods and earthquakes.
Justification
As requested by Parliament at first reading, there should be mention of natural disasters, which can have dramatic consequences, and legitimate demands for help or compensation, without being part of the scope of the Regulation.
Amendment  7 Council position – amending act Recital 13
Council position	Amendment
(13) Extraordinary circumstances should include, but not be limited to, terrorist attacks, labour conflicts, landing any sick, injured or dead person, search and rescue operations at sea or on inland waterways, measures necessary to protect the environment, decisions taken by traffic management bodies or port authorities, or decisions by the competent authorities with regard to public order and safety as well as to cover urgent transport needs.	(13) Extraordinary circumstances should include, but not be limited to, terrorist attacks, wars and military or civil armed conflicts, uprisings, military or illegal confiscations, labour conflicts, landing any sick, injured or dead person, search and rescue operations at sea or on inland waterways, measures necessary to protect the environment, decisions taken by traffic management bodies or port authorities, or decisions by the competent authorities with regard to public order and safety as well as to cover urgent transport needs.
Justification
These situations were specified at first reading, particularly with a view to the specific inclusion of acts by the military in extraordinary circumstances.
Amendment  8 Council position – amending act Recital 14
Council position	Amendment
(14) With the involvement of stakeholders, professional associations and associations of customers, passengers, disabled persons and persons with reduced mobility, carriers should cooperate in order to adopt arrangements at national or European level for improving care and assistance offered to passengers whenever their travel is interrupted, notably in the event of long delays or cancellation of travel.	(14) With the involvement of stakeholders, professional associations and associations of customers, passengers, disabled persons and persons with reduced mobility, carriers should cooperate in order to adopt arrangements at national or European level for improving care and assistance offered to passengers whenever their travel is interrupted, notably in the event of long delays or cancellation of travel. National enforcement bodies should be informed of these arrangements.
Justification
National enforcement bodies should be provided with all necessary information for the oversight and enforcement of this Regulation.
Amendment  9 Council position – amending act Recital 14 a (new)
Council position	Amendment
	(14a) The European Court of Justice has already ruled that problems leading to cancellations or delays can be covered by the concept of exceptional circumstances only to the extent that they stem from events which are not inherent in the normal exercise of the activity of the carrier concerned and are beyond its actual control.
Justification
It is useful to draw attention to existing European Court of Justice decisions which inform this area of law.
Amendment  10 Council position – amending act Recital 16
Council position	Amendment
(16) Passengers should be fully informed of their rights under this Regulation, so that they can effectively exercise those rights. Rights of passengers should include the receipt of information regarding the passenger service or cruise before and during the journey. All essential information provided to passengers should also be provided in formats accessible to disabled persons and persons with reduced mobility.	(16) Passengers should be fully informed of their rights under this Regulation in formats which are accessible to everybody, so that they can effectively exercise those rights. Rights of passengers should include the receipt of information regarding the passenger service or cruise before and during the journey. This information should be provided according to a common conceptual model for public transport data and systems in order to allow for the provision of integrated information and ticketing. All essential information provided to passengers should also be provided in formats accessible to disabled persons and persons with reduced mobility, with such accessible formats allowing passengers to access the same information using, for example, text, Braille, audio, video and/or electronic formats.
Justification
The purpose of this amendment is to constitute a legal base to build up interoperable, intermodal passenger information and ticketing systems. It would create an equivalent provision to that which already exists in the Rail Passenger Rights Regulation 1371/2007 (Article 10 on travel information and reservations systems). This amendment also seeks to clarify 'accessible formats', a term which is used throughout the Regulation.
Amendment  11 Council position – amending act Recital 17
Council position	Amendment
(17) Passengers should be able to exercise their rights by means of appropriate complaint procedures implemented by carriers or, as the case may be, by the submission of complaints to the body or bodies designated to that end by the Member State. Carriers should respond to complaints by passengers within a certain period of time, bearing in mind that the non-reaction to a complaint might be held against them.	(17) Passengers should be able to exercise their rights by means of appropriate and accessible complaint procedures implemented by carriers or, as the case may be, by the submission of complaints to the body or bodies designated to that end by the Member State. Carriers should respond to complaints by passengers within a set period of time, bearing in mind that the non-reaction to a complaint could be held against them.
Justification
This amendment seeks to ensure that complaint procedures are accessible for all passengers.
Amendment  12 Council position– amending act Recital 18 a (new)
Council position	Amendment
	(18a) The body or bodies designated for the enforcement of this Regulation should be independent and should have the power and capability to investigate individual complaints and to facilitate dispute settlement. The reports prepared by these bodies should include statistics on complaints and their outcome.
Justification
It is important that national enforcement bodies have all necessary powers and that information on complaints and their outcomes be accessible for passengers.
Amendment  13 Council positionCouncil position – amending act Recital 21 a (new)
Council position	Amendment
	(21a) When legislating on passenger rights, the Union should seek a global and coherent approach which takes into account the needs of passengers, in particular those of disabled persons and persons with reduced mobility, to use different transport modes and to transfer smoothly between different modes.
Justification
Amendment  14 Council position – amending act Article 2 – paragraph 1 – point b
Council position	Amendment
b) on passenger services where the port of embarkation is situated outside the territory of a Member State and the port of disembarkation is situated in the territory of a Member State, provided that the service is operated by a Union carrier;	b) on passenger services where the port of embarkation is situated outside the territory of a Member State and the port of disembarkation is situated in the territory of a Member State, provided that the service is operated by a Union carrier as defined by Article 3(e);
Justification
In order to avoid confusion regarding the scope of the text, there is a need to specify that this term, which is very broad, should be understood as it is defined by Article 3 of this Regulation.
Amendment  15 Council positionCouncil position – amending act Article 2 – paragraph 1 – point c
Council position	Amendment
(c) on a cruise where the port of embarkation is situated in the territory of a Member State. However, Articles 16(2), 18, 19 and 20(1) and (4) shall not apply to those passengers.	(c) on a cruise where the port of embarkation or disembarkation is situated in the territory of a Member State. However, Articles 16(2), 18, 19 and 20(1) and (4) shall not apply to those passengers.
Justification
All passengers should be covered by the proposal and distinctions should not be made. This amendment aims to avoid situations in which companies may seek to establish a point of departure or arrival outside the EU to avoid complying with the provisions of this Regulation.
Amendment  16 Council position – amending act Article 2 – paragraph 2 – point a
Council position	Amendment
(a) on ships certified to carry up to 36 passengers;	(a) on ships certified to carry up to 12 passengers;
Justification
This amendment restores the Parliament's first reading position as a criterion of 36 passengers narrows the scope too much.
Amendment  17 Council position – amending act Article 2 – paragraph 3
Council position	Amendment
3. Member States may, for a period of two years from …., exempt from the application of this Regulation sea going ships of less than 300 gross tons operated in domestic transport, provided that the rights of passengers under this Regulation are adequately ensured under national law.	deleted
Justification
This derogation is excessive and would represent a significant limitation of the scope of application. It also seems unnecessary as the rights of passengers would have to be ensured 'adequately' under national law.
Amendment  18 Council position – amending act Article 2 – paragraph 4
Council position	Amendment
4. Member States may exempt from the application of this Regulation passenger services covered by public service obligations, public service contracts or integrated services provided that the rights of passengers under this Regulation are adequately guaranteed under national law.	4. Member States may exempt from the application of this Regulation passenger services covered by public service obligations, public service contracts or integrated services provided that the rights of passengers under this Regulation are comparably guaranteed under national law.
Justification
Comparable is preferable to adequate which is felt to be too weak.
Amendment  19 Council position – amending act Article 2 – paragraph 5
Council position	Amendment
5. Nothing in this Regulation shall be understood as constituting technical requirements imposing obligations on carriers, terminal operators or other entities to modify or replace ships, infrastructure, equipment in ports, and port terminals.	deleted
Justification
The Rapporteur has concerns about this paragraph being used to create exemptions and it appears unnecessary as the Regulation does not impose obligations in this way.
Amendment  20 Council position – amending act Article 3 – point d
Council position	Amendment
(d) "carrier" means a natural or legal person offering transport by passenger services or cruises to the general public;	(d) "carrier" means a natural or legal person, other than a tour operator, travel agent or ticket vendor, offering transport by passenger services or cruises to the general public;
Amendment  21 Council position – amending act Article 3 – point k
Council position	Amendment
(k) "port terminal" means a terminal, staffed by a carrier or a terminal operator, in a port with facilities, such as check- in, ticket counters or lounges, and staff for the embarkation or disembarkation of passengers travelling on passenger services or on a cruise;	(k) "port terminal" means a terminal in a port with facilities, such as check- in, ticket counters or lounges, and staff for the embarkation or disembarkation of passengers travelling on passenger services or on a cruise;
Justification
This clarifies the definition of 'port terminal'.
Amendment  22 Council position – amending act Article 3 – point p
Council position	Amendment
(p) "travel agent" means any retailer acting on behalf of a passenger for the conclusion of transport contracts;	(p)"travel agent" means any retailer acting on behalf of a passenger or a tour operator for the conclusion of transport contracts;
Justification
For consistency sake with the amendment of ‘tour operator’, the retailers should be included in the definition of ‘travel agent’ to ensure that they comply with all the obligations under this Regulation.
Amendment  23 Council position – amending act Article 3 – point q
Council position	Amendment
(q) "tour operator" means an organiser, other than a carrier, within the meaning of Article 2(2) and (3) of Directive 90/314/EEC;	(q) "tour operator" means an organiser or retailer, other than a carrier, within the meaning of Article 2(2) and (3) of Directive 90/314/EEC;
Amendment  24 Council position – amending act Article 3 – point r a (new)
Council position	Amendment
	(ra) ‘cancellation’ means the non-operation of a service which was previously scheduled and for which at least one reservation was made;
Justification
This amendment aims to reintroduce Parliament’s first reading.
Amendment  25 Council position – amending act Article 3 – point t a (new)
Council position	Amendment
	(ta) ‘accessible formats’ means that all passengers, including those with any kind of disability or reduced mobility, can access the same information using text, Braille, audio, video or electronic formats. Examples of accessible formats include, but are not limited to, pictograms, vocal announcements and subtitling and may vary according to technological developments;
Justification
This amendment aims to reintroduce Parliament’s first reading.
Amendment  26 Council position – amending act Article 3 – point u a (new)
Council position	Amendment
	(ua) ‘ticket price’ means the price paid by the passenger or, for tickets issued for several passengers, the total price relative to the number of passengers;
Justification
Unlike in the case of air or rail travel, issuing one ticket for several passengers is common practice in maritime transport, particularly ferries. Specifying this is therefore necessary in order to clarify repayments.
Amendment  27 Council position – amending act Article 6 – paragraph 1 a (new)
Council position	Amendment
	1a. Carriers may offer contractual conditions that are more favourable for the passenger than the conditions laid down in this Regulation.
Justification
This amendment aims to reintroduce Parliament’s first reading.
Amendment  28 Council position – amending act Article 7 – paragraph 1
Council position	Amendment
1. Carriers, travel agents and tour operators shall not refuse to accept a reservation, to issue or otherwise provide a ticket or to embark persons on the grounds of disability or of reduced mobility.	1. Carriers, travel agents and tour operators shall not refuse to accept a reservation, to issue or provide a ticket or to embark or disembark persons on the grounds of disability or of reduced mobility as such.
Justification
Amendment  29 Council position – amending act Article 7 – paragraph 2
Council position	Amendment
2. Reservations and tickets shall be offered to disabled persons and persons with reduced mobility at no additional cost.	2. Reservations and tickets shall be offered to disabled persons and persons with reduced mobility at no additional cost under the same conditions that apply to all other passengers.
Amendment  30 Council position – amending act Article 8 – paragraph 1 – introductory part
Council position	Amendment
Notwithstanding Article 7(1), carriers, travel agents and tour operators may refuse to accept a reservation from, to issue or otherwise provide a ticket to or to embark a person, on the grounds of disability or of reduced mobility:	Notwithstanding Article 7(1), carriers, travel agents and tour operators may refuse to accept a reservation from, to issue or otherwise provide a ticket to or to embark a person with a disability or reduced mobility on the basis of this Regulation:
Justification
A passenger is not refused travel on the grounds of their disability or reduced mobility and this should be clear in the text.
Amendment  31 Council position – amending act Article 8 – paragraph 1 – point a
Council position	Amendment
(a) in order to meet applicable health and safety requirements established by international, Union or national law or in order to meet health and safety requirements established by the competent authorities;	(a) in order to meet applicable safety requirements established by international, Union or national law or in order to meet safety requirements established by the competent authorities;
Justification
Health concerns, for instance with regard to epidemics, affect all passengers and should not be a reason for refusing disabled passengers or those with reduced mobility.
Amendment  32 Council position – amending act Article 8 – paragraph 1 – point b
Council position	Amendment
(b) where the design of the passenger ship or port infrastructure and equipment, including port terminals, makes it impossible to carry out the embarkation, disembarkation or carriage of the disabled person or person with reduced mobility in a safe or operationally feasible manner.	(b) where the design of the passenger ship or port infrastructure and equipment, including port terminals, makes it impossible to carry out the embarkation, disembarkation or carriage of the said person in a safe or operationally feasible manner.
Justification
Clarification.
Amendment  33 Council position – amending act Article 8 – paragraph 2
Council position	Amendment
2. In the event of a refusal to accept a reservation or to issue or otherwise provide a ticket on the grounds referred to in paragraph 1, carriers, travel agents and tour operators shall make reasonable efforts to propose to the person concerned an acceptable alternative transport on a passenger service or a cruise operated by the carrier.	2. In the event of a refusal to accept a reservation or to issue or otherwise provide a ticket on the grounds referred to in paragraph 1, carriers, travel agents and tour operators shall make all reasonable efforts to propose to the person concerned an acceptable alternative transport on a passenger service or a cruise operated by the carrier.
Justification
Clarification for emphasis.
Amendment  34 Council position – amending act Article 8 – paragraph 3
Council position	Amendment
3. If a disabled person or a person with reduced mobility, who holds a reservation or has a ticket and has complied with the requirements in Article 11(2), is any way denied embarkation on the grounds of his disability or reduced mobility, that person and any accompanying person pursuant to paragraph 4 of this Article shall be offered the choice between the right to reimbursement and re-routing as provided for in Annex I. The right to the option of a return journey or re-routing shall be conditional upon all health and safety requirements being met.	3. If a disabled person or a person with reduced mobility, who holds a reservation or has a ticket and has complied with the requirements in Article 11(2), is any way denied embarkation, on the basis of this Regulation, that person and any accompanying person pursuant to paragraph 4 of this Article shall be offered the choice between the right to reimbursement and re-routing as provided for in Annex I. The right to the option of a return journey or re-routing shall be conditional upon all safety requirements being met.
Justification
A passenger is not refused travel on the grounds of their disability or reduced mobility but on grounds of safety and this should be clear in the text. Health concerns, for instance with regard to epidemics, affect all passengers and should not be a reason for refusing disabled passengers or those with reduced mobility.
Amendment  35 Council position – amending act Article 8 – paragraph 4
Council position	Amendment
4. Under the same conditions set out in paragraph 1, carriers, travel agents and tour operators may require that a disabled person or person with reduced mobility be accompanied by another person who is capable of providing the assistance required by the disabled person or person with reduced mobility. As regards passenger services, such an accompanying person shall be carried free of charge.	4. Under the same conditions set out in paragraph 1, carriers, travel agents and tour operators may require that a disabled person or person with reduced mobility be accompanied by another person who is capable of providing the assistance required by the disabled person or person with reduced mobility. As regards passenger services, such an accompanying person shall be carried free of charge and shall not be deemed to be an agent or to be working for the carrier.
Justification
The distribution of potential responsibilities must be clarified.
Amendment  36 Council position – amending act Article 8 – paragraph 5
Council position	Amendment
5. When carriers, travel agents and tour operators have recourse to paragraphs 1 or 4, they shall immediately inform the disabled person or person with reduced mobility of the specific reasons therefor. Those reasons shall be notified to the disabled person or person with reduced mobility, no later than five working days after that person was informed. In case of refusal according to paragraph 1(a), reference shall be made to the applicable health and safety requirements.	5. When carriers, travel agents and tour operators have recourse to paragraphs 1 or 4, they shall immediately inform the disabled person or person with reduced mobility of the specific reasons therefor. On request, those reasons shall be notified to the disabled person or person with reduced mobility in writing, no later than five working days after the request. In case of refusal according to paragraph 1(a), reference shall be made to the applicable safety requirements.
Justification
A passenger should have the right to receive written confirmation of the reasons for refusal within a set time. Health concerns, for instance with regard to epidemics, affect all passengers and should not be a reason for refusing disabled passengers or those with reduced mobility.
Amendment  37 Council position – amending act Article 9 – paragraph 1
Council position	Amendment
1. In cooperation with organisations representative of disabled persons or persons with reduced mobility, carriers and terminal operators shall, where appropriate through their organisations, establish, or have in place, non-discriminatory access conditions for the transport of disabled persons and persons with reduced mobility.	1. In cooperation with organisations representative of disabled persons or persons with reduced mobility, carriers, port authorities and terminal operators shall, where appropriate through their organisations, establish, or have in place, non-discriminatory access conditions for the transport of disabled persons and persons with reduced mobility and accompanying persons. The access conditions shall be notified to national enforcement bodies.
Justification
It is important that port authorities in general be involved in this process. It is also important that national enforcement bodies have a good overview of the access conditions.
Amendment  38 Council position – amending act Article 9 – paragraph 2
Council position	Amendment
2. The access conditions provided for in paragraph 1 shall be made publicly available by carriers and terminal operators physically or on the Internet in the same languages as those in which information is generally made available to all passengers.	2. The access conditions provided for in paragraph 1 shall be made publicly available by carriers, port authorities and terminal operators physically or on the Internet in accessible formats and in the same languages as those in which information is generally made available to all passengers. Particular attention shall be paid to the needs of persons with disabilities and persons with reduced mobility.
Justification
It is important that information be provided as widely as possible and in accessible formats.
Amendment  39 Council position – amending act Article 9 – paragraph 4
Council position	Amendment
4. Carriers, travel agents and tour operators shall ensure that all relevant information, including online reservation and information, concerning the conditions of carriage, journey information and access conditions is available in appropriate and accessible formats for disabled persons and persons with reduced mobility.	4. Carriers, travel agents and tour operators shall ensure that all relevant information, including online reservation and information, concerning the conditions of carriage, journey information and access conditions is available in appropriate and accessible formats for disabled persons and persons with reduced mobility. Persons needing assistance shall receive written confirmation of such assistance.
Amendment  40 Council position – amending act Article 10
Council position	Amendment
Subject to the access conditions provided for in Article 9(1), carriers and terminal operators shall, within their respective areas of competence, provide assistance free of charge to disabled persons and persons with reduced mobility, as specified in Annexes II and III, in ports, including embarkation and disembarkation, and on board ships.	Subject to the access conditions provided for in Article 9(1), carriers and terminal operators shall, within their respective areas of competence, provide assistance free of charge to disabled persons and persons with reduced mobility, as specified in Annexes II and III, in ports, including embarkation and disembarkation, and on board ships. The assistance shall be adapted to the individual needs of the person with a disability or reduced mobility.

Amendment  41 Council position – amending act Article 11 – paragraph 1 – point (a)
Council position	Amendment
(a) the carrier or the terminal operator is notified of the person's need for such assistance at the latest two working days before the assistance is needed, and;	(a) the carrier or the terminal operator is notified of the person's need for such assistance at the latest 48 hours before the assistance is needed, unless a shorter period is agreed between the passenger and the carrier, and;
Justification
48 hours is preferable to two working days and greater flexibility in the event of agreement between the passenger and the carrier is also introduced here.
Amendment  42 Council position – amending act Article 11 – paragraph 1 – point (b)(i)
Council position	Amendment
i) at a time stipulated in writing by the carrier which shall be not more than 60 minutes before the published embarkation time, or	i) at a time stipulated in writing by the carrier – including under the access conditions set out in Article 9(1) – which shall be not more than 60 minutes before the published embarkation time, or
Amendment  43 Council position – amending act Article 11 – paragraph 1 – point (b)(ii)
Council position	Amendment
(ii) if no embarkation time is stipulated, no later than 60 minutes before the published departure time.	(ii) if no embarkation time is stipulated, no later than 30 minutes before the published departure time.
Justification
This amendment restores Parliament's first reading position.
Amendment  44 Council position – amending act Article 11 – paragraph 1 – point (b) (ii a) (new)
Council position	Amendment
	(iia) in the case of cruises, at a time stipulated by the carrier, which shall not be more than 60 minutes before the check-in time.
Justification
This amendment aims to reintroduce Parliament’s first reading.
Amendment  45 Council position – amending act Article 11 – paragraph 1 – point b a (new)
Council position	Amendment
	(ba) In relation to cruise ships, disabled persons or persons with reduced mobility shall notify the carrier of their specific needs at the time of reservation or advance purchase.
Justification
If cruise operators, are not allowed to ask or oblige passengers to provide information which will allow them to provide for their needs this can result in disappointment with the cruise or worse still a dangerous situation from a health and safety perspective.
Amendment  46 Council position – amending act Article 11 – paragraph 2
Council position	Amendment
(2) In addition to paragraph 1, disabled persons or persons with reduced mobility shall notify the carrier, at the time of reservation or advance purchase of the ticket, of their specific needs with regard to accommodation or seating or their need to bring medical equipment, provided the need is known at that time.	(2) In addition to paragraph 1, disabled persons or persons with reduced mobility shall notify the carrier, at the time of reservation or advance purchase of the ticket, of their specific needs with regard to accommodation, seating or services required or their need to bring medical equipment, provided the need is known at that time.
Justification
In the case of cruises it is vital that information on the assistance provided be available at the time of booking, also information on services offered and required such as excursions on land which form part of the itinerary. Only in this way can the question of whether and, where appropriate, how assistance can be provided be clarified in due time, as a precondition for making the decision to purchase.
Amendment  47 Council position – amending act Article 11 – paragraph 3
Council position	Amendment
3. A notification made in accordance with paragraphs 1(a) and 2 may always be submitted to the travel agent or the tour operator with which the ticket was purchased. Where the ticket permits multiple journeys, one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided.	3. A notification made in accordance with paragraphs 1(a) and 2 may always be submitted to the travel agent or the tour operator with which the ticket was purchased. Where the ticket permits multiple journeys, one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided. The passenger shall receive a confirmation stating that the assistance needs have been notified as required.
Justification
It is important that passengers be safe in the knowledge that their assistance needs have been notified in this case.
Amendment  48 Council position – amending act Article 12 – paragraph 1
Council position	Amendment
1. Carriers, terminal operators, travel agents and tour operators shall take all measures necessary for the reception of notifications made in accordance with Article 11(1)(a) and 11(2). That obligation shall apply at all their points of sale, including sale by telephone and over the Internet.	1. Carriers, terminal operators, travel agents and tour operators shall take all measures necessary for the request and reception of notifications made in accordance with Article 11(1)(a) and 11(2). That obligation shall apply at all their points of sale, including sale by telephone and over the Internet.
Justification
It is important that procedures are put in place for the reception of notifications by passengers.
Amendment  49 Council position – amending act Article 13 – paragraph 1
Council position	Amendment
1. Terminal operators and carriers operating port terminals or passenger services with a total of more than 100 000 commercial passenger movements during the previous calendar year shall, within their respective areas of competence, set quality standards for the assistance specified in Annexes II and III and shall, where appropriate through their organisations, determine resource requirements for meeting those standards, in cooperation with organisations representative of disabled persons and persons with reduced mobility.	1. Terminal operators and carriers shall, within their respective areas of competence, set quality standards for the assistance specified in Annexes II and III and shall, where appropriate through their organisations, determine resource requirements for meeting those standards, in cooperation with organisations representative of disabled persons and persons with reduced mobility.
Justification
The Rapporteur disagrees with the limit set by Council in its Common Position and therefore restores the Commission/Parliament position. The Rapporteur agrees with Council that terminal operators should also set quality standards.
Amendment  50 Council position – amending act Article 13 – paragraph 1 a (new)
Council position	Amendment
	1a. In setting quality standards, full account shall be taken of internationally recognised policies and codes of conduct concerning facilitation of the transport of disabled persons or persons with reduced mobility, notably the International Maritime Organisation’s Recommendation of the Design and Operation of passenger ships to respond to elderly and disabled persons’ needs.
Justification
This amendment aims to reintroduce Parliament’s first reading.
Amendment  51 Council position – amending act Article 15 – paragraph 4
Council position	Amendment
4. Moreover, every effort shall be undertaken to rapidly provide temporary replacement equipment.	4. Moreover, every effort shall be undertaken to rapidly provide suitable temporary replacement equipment.
Justification
Important clarification as the obligation to provide temporary replacement for lost or damaged equipment should also take in consideration the needs of the person.
Amendment  52 Council position – amending act Article 16 – paragraph 1
Council position	Amendment
1. In the case of a cancellation or a delay in departure of a passenger service or a cruise, passengers departing from port terminals shall be informed by the carrier or, where appropriate, by the terminal operator, of the situation as soon as possible and in any event no later than 30 minutes after the scheduled time of departure, and of the estimated departure time and estimated arrival time as soon as this information is available.	1. In the case of a cancellation or a delay in departure of a passenger service or a cruise, passengers shall be informed by the carrier or, where appropriate, by the terminal operator, of the situation as soon as possible and in any event no later than 30 minutes after the scheduled time of departure, and of the estimated departure time and estimated arrival time as soon as this information is available.
Amendment  53 Council position – amending act Article 17 – paragraph 1
Council position	Amendment
1. Where a carrier reasonably expects the departure of a passenger service or a cruise to be cancelled or delayed for more than 120 minutes beyond its scheduled time of departure, passengers departing from port terminals shall be offered free of charge snacks, meals or refreshments in reasonable relation to the waiting time, provided they are available, or can reasonably be supplied.	1. Where a carrier reasonably expects the departure of a passenger service or a cruise to be cancelled or delayed for more than 60 minutes beyond its scheduled time of departure, passengers departing from port terminals shall be offered free of charge snacks, meals or refreshments in reasonable relation to the waiting time, provided they are available, or can reasonably be supplied.
Justification
This amendment aims to reintroduce Parliament’s first reading.

Amendment  54 Council position – amending act Article 17 – paragraph 2
Council position	Amendment
2. In the case of a cancellation or a delay in departure where a stay of one or more nights or a stay additional to that intended by the passenger becomes necessary, where and when physically possible, the carrier shall offer passengers departing from port terminals adequate accommodation free of charge on board, or ashore, and transport to and from the port terminal and place of accommodation in addition to the snacks, meals or refreshments provided for in paragraph 1. For each passenger, the carrier may limit the total cost of accommodation ashore, not including transport to and from the port terminal and place of accommodation, to EUR 120.	2. In the case of a cancellation or a delay in departure where a stay of one or more nights or a stay additional to that intended by the passenger becomes necessary, where and when physically possible, the carrier shall offer passengers departing from port terminals adequate accommodation free of charge on board, or ashore, and transport to and from the port terminal and place of accommodation in addition to the snacks, meals or refreshments provided for in paragraph 1. For each passenger, the carrier may limit the total cost of accommodation ashore, not including transport to and from the port terminal and place of accommodation, to EUR 120 per night.
Amendment  55 Council position – amending act Article 18 – paragraph 1 – introductory part
Council position	Amendment
Where a carrier reasonably expects a passenger service to be cancelled or delayed in departure from a port terminal for more than 120 minutes, the passenger shall immediately be offered the choice between:	Where a carrier reasonably expects a passenger service to be cancelled or delayed in departure from a port terminal for more than 90 minutes, the passenger shall immediately be offered the choice between:
Justification
90 minutes is a significant delay and this is therefore preferable to 120 minutes.
Amendment  56 Council position – amending act Article 18 – paragraph 1 – point a
Council position	Amendment
(a) re-routing to the final destination, under comparable conditions, as set out in the transport contract, at the earliest opportunity;	(a) re-routing to the final destination, under comparable conditions, as set out in the transport contract, at the earliest opportunity and at no additional cost;
Amendment  57 Council position – amending act Article 18 – paragraph 2
Council position	Amendment
2. Where a passenger service is cancelled or delayed in departure from a port for more than 120 minutes, passengers shall have the right of such re-routing or reimbursement of the ticket price from the carrier.	2. Where a passenger service is cancelled or delayed in departure from a port for more than 90 minutes, passengers shall have the right to choose such re-routing or reimbursement of the ticket price from the carrier.

Amendment  58 Council position – amending act Article 18 – paragraph 3
Council position	Amendment
3. The payment of the reimbursement provided for in paragraphs 1(b) and 2 shall be made within seven days, in cash, by electronic bank transfer, bank order or bank cheque of the full cost of the ticket at the price at which it was purchased, for the part or parts of the journey not made, and for the part or parts already made if the journey no longer serves any purpose in relation to the passenger's original travel plan.	3. The payment of the reimbursement provided for in paragraphs 1(b) and 2 shall be made within seven days, in cash, by electronic bank transfer, bank order or bank cheque of the full cost of the ticket at the price at which it was purchased, for the part or parts of the journey not made, and for the part or parts already made if the journey no longer serves any purpose in relation to the passenger's original travel plan. If the passenger agrees, the full reimbursement may also be paid in the form of vouchers and/or other services in an amount equivalent to the price for which the ticket was purchased, provided the conditions are flexible, particularly regarding the period of validity and the destination.
Justification
Aims to bring the text in line with the provisions of this Regulation regarding compensation.
Amendment  59 Council position – amending act Article 19 – paragraph 1 – introductory part
Council position	Amendment
Without losing the right to transport, passengers may request compensation from the carrier if they are facing a delay in arrival at the final destination as set out in the transport contract. The minimum level of compensation shall be 25% of the ticket price for a delay of at least:	Without losing the right to transport, passengers may request compensation from the carrier if they are facing a delay in arrival at the final destination as set out in the transport contract. The minimum level of compensation shall be 50% of the ticket price for a delay of at least:
Amendment  60 Council position – amending act Article 19 – paragraph 1 – last sentence
Council position	Amendment
If the delay exceeds double the time set out in points (a) to (d), the compensation shall be 50 % of the ticket price.	If the delay exceeds double the time set out in points (a) to (d), the compensation shall be 75 % of the ticket price.
Justification
There is not a sufficient difference between 25% and 50% for this to act as a proper disincentive and the Rapporteur therefore argues that the compensation level should be increased.
Amendment  61 Council position – amending act Article 19 – paragraph 1 a (new)
Council position	Amendment
	1a. Compensation shall be 100% of the ticket price if the carrier fails to provide alternative services or the information referred to in Article 18(1)(a).
Justification
This amendment aims to reintroduce Parliament’s first reading.
Amendment  62 Council position – amending act Article 19 – paragraph 6
Council position	Amendment
6. The compensation of the ticket price shall not be reduced by financial transaction costs such as fees, telephone costs or stamps. Carriers may introduce a minimum threshold under which payments for compensation will not be paid. This threshold shall not exceed EUR 10.	6. The compensation of the ticket price shall not be reduced by financial transaction costs such as fees, telephone costs or stamps. Carriers may introduce a minimum threshold under which payments for compensation will not be paid. This threshold shall not exceed EUR 4.
Justification
Passenger rights should be coherent across all sectors and the Rapporteur does not accept the distinction the Council has introduced with the rail sector and therefore proposes this amendment.
Amendment  63 Council position – amending act Article 20 – paragraph 2
Council position	Amendment
2. Articles 17 and 19 shall not apply if the passenger is informed of the cancellation or delay before the purchase of the ticket or if the cancellation or delay is caused by the fault of the passenger.	2. Articles 17 and 19 shall not apply if the passenger is reliably informed of the cancellation or delay before the purchase of the ticket or if the cancellation or delay is caused by the fault of the passenger.
Amendment  64 Council position – amending act Article 20 – paragraph 3
Council position	Amendment
3. Article 17(2) shall not apply where the cancellation or delay is caused by weather conditions endangering the safe operation of the ship.	3. Article 17(2) shall not apply where the carrier can prove that the cancellation or delay is caused by weather conditions endangering the safe operation of the ship.
Justification
The purpose of this amendment is to make clear that this Regulation is coherent with that on aviation passenger rights: the burden of proof should be on the carrier in the event of an exception.
Amendment  65 Council position – amending act Article 20 – paragraph 4
Council position	Amendment
4. Article 19 shall not apply where the cancellation or delay is caused by weather conditions endangering the safe operation of the ship or by extraordinary circumstances hindering the performance of the passenger service, which could not have been avoided even if all reasonable measures had been taken.	4. Article 19 shall not apply where the carrier can prove that the cancellation or delay is caused by weather conditions endangering the safe operation of the ship or by extraordinary circumstances hindering the performance of the passenger service, which could not have been avoided even if all reasonable measures had been taken.
Justification
The purpose of this amendment is to make clear that this Regulation is coherent with that on aviation passenger rights: the burden of proof should be on the carrier in the event of an exception.
Amendment  66 Council position – amending act Article 22
Council position	Amendment
Carriers and terminal operators shall, within their respective areas of competence, provide passengers with adequate information throughout their travel in accessible formats and in the same languages as those in which information is generally made available to all passengers. Particular attention shall be paid to the needs of disabled persons and persons with reduced mobility.	Carriers and terminal operators shall, within their respective areas of competence, provide passengers with adequate information throughout their travel in formats which are accessible to everybody and in the same languages as those in which information is generally made available to all passengers. This information shall be provided according to a common conceptual model for public transport data and systems. Particular attention shall be paid to the needs of disabled persons and persons with reduced mobility.
Justification
The purpose of this amendment is to constitute a legal base to build up interoperable, intermodal passenger information and ticketing systems. It would create an equivalent provision to that which already exists in the Rail Passenger Rights Regulation 1371/2007 (Article 10 on travel information and reservations systems).
Amendment  67 Council position – amending act Article 23 – paragraph 1
Council position	Amendment
1. Carriers and terminal operators shall, within their respective areas of competence, ensure that information on the rights of passengers under this Regulation is publicly available on board ships and in port terminals. The information shall be provided in accessible formats and in the same languages as those in which information is generally made available to all passengers. When providing this information particular attention shall be paid to the needs of disabled persons and persons with reduced mobility.	1. Carriers, port authorities and terminal operators shall, within their respective areas of competence, ensure that information on the rights of passengers under this Regulation is publicly available on board ships, in ports and in port terminals. The information shall be provided in accessible formats and in the same languages as those in which information is generally made available to all passengers. When providing this information particular attention shall be paid to the needs of disabled persons and persons with reduced mobility.
Justification
Information on the provisions within this Regulation should be provided at all points covered by it.
Amendment  68 Council position – amending act Article 23 – paragraph 2
Council position	Amendment
2. In order to comply with the information requirement referred to in paragraph 1, carriers and terminal operators may use a summary of the provisions of this Regulation prepared by the Commission in all the official languages of the institutions of the European Union and made available to them.	2. In order to comply with the information requirement referred to in paragraph 1, carriers, port authorities and terminal operators may use a summary of the provisions of this Regulation prepared by the Commission in all the official languages of the institutions of the European Union and made available to them.
Amendment  69 Council position – amending act Article 23 – paragraph 3
Council position	Amendment
3. Carriers and terminal operators shall inform passengers in an appropriate manner on board ships and in port terminals, of the contact details of the enforcement body designated by the Member State pursuant to Article 25(1).	3. Carriers, port authorities and terminal operators shall inform passengers in an appropriate manner on board ships, in ports and in port terminals, of the contact details of the enforcement body designated by the Member State pursuant to Article 25(1).
Amendment  70 Council position – amending act Article 24 – paragraph 1
Council position	Amendment
1. Carriers shall set up or have in place a complaint handling mechanism for rights and obligations covered by this Regulation.	1. Carriers and terminal operators shall set up or have in place independent complaint handling mechanisms in accessible formats and the customary languages for rights and obligations covered by this Regulation. Particular attention shall be paid to the needs of persons with disabilities and persons with reduced mobility.
Justification
This amendment aims to reintroduce Parliament’s first reading.

Amendment  71 Council position – amending act Article 24 – paragraph 2
Council position	Amendment
2. If a passenger covered by this Regulation wants to make a complaint to the carrier, he shall submit it within two months from the date on which the service was performed or when a service should have been performed. Within one month of receiving the complaint, the carrier shall give notice to the passenger that his complaint has been substantiated, rejected or is still being considered. The time taken to provide the final reply shall not be longer than three months from the receipt of a complaint.	2. If a passenger wants to make a complaint to the carrier or terminal operator concerning the rights and obligations covered by this Regulation, he shall submit it within two months from the date on which the service was performed or when a service should have been performed. Within one month of receiving the complaint, the carrier or terminal operator shall give notice to the passenger that his complaint has been substantiated, rejected or is still being considered. The time taken to provide the final reply shall not be longer than two months from the receipt of a complaint.
Justification
Terminal operators have an important role to play and should also have a complaint handling mechanism. Passengers should be able to reasonably expect a reply within two, rather than three, months.
Amendment  72 Council position – amending act Article 24 – paragraph 2 a (new)
Council position	Amendment
	2a. If no reply is received within the time limits set out in paragraph 2, the complaint shall be deemed to have been accepted.
Justification
This Rapporteur is seeking to restore Parliament's first reading position which provides a powerful incentive to deal with complaints in a timely manner.
Amendment  73 Council position – amending act Article 25 – paragraph 1
Council position	Amendment
1. Each Member State shall designate a new or existing body or bodies responsible for the enforcement of this Regulation as regards passenger services and cruises from ports situated on its territory and passenger services from a third country to such ports. Each body shall take the measures necessary to ensure compliance with this Regulation.	1. Each Member State shall designate a new or existing body or bodies responsible for the enforcement of this Regulation as regards passenger services and cruises from ports situated on its territory and passenger services from a third country to such ports. Each body shall take the measures necessary to ensure compliance with this Regulation.
Each body shall, in its organisation, funding decisions, legal structure and decision‑making, be independent of carriers, tour operators and terminal operators.	Each body shall, in its organisation, funding decisions, legal structure and decision‑making, be independent of commercial interests.
Justification
This amendment restores Parliament's first reading position as 'commercial interests' is preferable to a limited list.
Amendment  74 Council position – amending act Article 25 – paragraph 3 – point a
Council position	Amendment
(a) that the passenger as a first step shall submit the complaint covered by this Regulation to the carrier; and/or	(a) that the passenger as a first step shall submit the complaint covered by this Regulation to the carrier or terminal operator; and/or
Justification
Terminal operators have an important role to play and should also have a complaint handling mechanism.
Amendment  75 Council position – amending act Article 26 – paragraph 1
Council position	Amendment
On 1 June … and every two years thereafter, the enforcement bodies designated pursuant to Article 25 shall publish a report on their activity in the previous two calendar years, containing in particular a description of actions taken in order to implement the provisions of this Regulation, details of sanctions applied and statistics on complaints and sanctions applied.	1. On 1 June … and every two years thereafter, the enforcement bodies designated pursuant to Article 25 shall publish a report on their activity in the previous two calendar years, containing in particular a description of actions taken in order to implement the provisions of this Regulation, details of sanctions applied and statistics on complaints, including on their outcome and resolution timescales, and sanctions applied.
Justification
It is important that passengers have visibility on the complaint process, including on the timescale.
Amendment  76 Council position – amending act Article 26 – paragraph 1 a (new)
Council position	Amendment
	(1a) In order to be able to draft such a report, enforcement bodies shall keep statistics on individual complaints, according to the subject matter and the companies concerned. Such data shall be made available on request to the Commission or to the national investigative authorities up to three years after the date of the incident.
Justification
It is important that passengers have visibility on the complaint process, including on the timescale.
Amendment  77 Council position – amending act Article 27
Council position	Amendment
National enforcement bodies referred to in Article 25(1) shall, whenever appropriate, exchange information on their work and decision-making principles and practice. The Commission shall support them in this task.	National enforcement bodies referred to in Article 25(1) shall exchange information on their work and decision-making principles and practice. The Commission shall support them in this task.
Justification
Clarification amendment.
Amendment  78 Council position – amending act Article 31 – subparagraph 2
Council position	Amendment
It shall apply from.+	It shall apply from.+
__________________________ + OJ: 36 months after the date of publication of this Regulation.	__________________________ + OJ: 12 months after the date of publication of this Regulation.
Amendment  79 Council position – amending act Annex 1 – paragraph 2
Council position	Amendment
2. Paragraph 1(a) shall also apply to passengers whose journeys form part of a package, except for the right to reimbursement where such a right arises under Directive 90/314/EEC.	2. Paragraph 1(a) shall also apply to passengers whose journeys form part of a package and/or a cruise, except for the right to reimbursement where such a right arises under Directive 90/314/EEC.
Amendment  80 Council position – amending act Annex II – paragraph 1 – indent 1
Council position	Amendment
– communicate their arrival at a port terminal and their request for assistance,	– communicate their arrival at a port and their request for assistance,
Justification
For clarification.
Amendment  81 Council position – amending act Annex II – paragraph 4
Council position	Amendment
4. Temporary replacement of damaged or lost mobility equipment, albeit not necessarily on a like for like basis.	4. Temporary replacement of damaged or lost mobility equipment with equivalent equipment.
Justification
Passengers should be provided with equivalent replacement equipment.

• [1]  Texts adopted, 23.4.2009, P7_T6(2009)0280.

EXPLANATORY STATEMENT

Background of the Proposal

This proposal, alongside one on the rights of bus and coach passengers, is part of a package put forward by the European Commission in December 2008. These proposals seek to build on the rights gained by air and rail travellers under existing EU legislation - an example of very successful EU law-making which has brought tangible rights for citizens of the Union - by extending similar rights, taking account of the specificities of the sectors concerned, to maritime and inland waterway transport.

Council Common Position

The Rapporteur welcomes the Council's common position and notes that it takes on board and develops, notably on exceptional circumstances, many of the Parliament's first reading amendments. The full political agreement is not too dissimilar from the EP's first reading but there are several important differences, including:

§ Parliament had maintained the Commission's 12 passenger limit but Council excludes ships with not more than 36 passengers. Also excluded are ships with not more than three crew members, passenger services over a distance of less than 500 meters one way as well as excursion and sightseeing tours other than cruises.

§ The Council seeks to delay the entry into force of the Regulation and also provides for an additional two-year exemption for sea-going ships of less than 300 gross tons operated in domestic transport.

§ Council has made important revisions to the Articles on assistance, re-rerouting, reimbursement and compensation.

§ Council has introduced a minimum threshold beyond which compensation would not be paid. This 40€ ticket price threshold excludes many journeys.

§ Council has introduced the notion of "port terminals" in the text which necessitates particular attention.

§ In Article 13, Council has proposed a threshold of 100 000 passenger movements per calendar year as the minimum required for the obligation of setting quality standards for assistance.

Rapporteur's Draft Second Reading Report

The Rapporteur feels that the Council's common position is constructive, though important differences between the institutions remain. The Rapporteur has put forward a number of amendments to the text in order to reflect the position of the Parliament in first reading and in the hope of reaching a second reading agreement with Council as part of this package, rather than in conciliation:

§ The Rapporteur has restored the Commission's original 12 passenger limit, which was endorsed by the Parliament in first reading, though considers the exceptions on 500 meters, excursion and sightseeing to be useful.

§ In Article 19, paragraph 6, the threshold of 10€ (and thus a 40€ ticket price) has been amended to ensure this Regulation is in line with that for rail passengers (4€ and 16€).

§ The responsibility for proving that a ship was unable to travel due to exceptional circumstances or dangerous weather must clearly be borne by the carrier and the Rapporteur has put forward a number of amendments to reflect this.

§ The system of complaints must be accessible and clear for passengers. It should also include terminal operators and the Rapporteur has put forward a number of amendments in this regard.

§ The Rapporteur is particularly concerned that the rights of disabled passengers and those with reduced mobility be robust within this Regulation. Several amendments, notably on accessible formats, exceptions to the right to travel, notification periods and reasons for refusal are therefore proposed.

§ The Rapporteur feels that the legislators need to be particularly careful in ensuring that elements of this Regulation are not used to provide excuses for inaction and therefore proposes deleting Article 2, paragraph 5 from the text which appears unnecessary.

§ Provisions on complaint timing, notification delays, presentation time, replacement equipment and compensation have also been reinforced from the perspective of the passenger.

PROCEDURE

Title	Rights of passengers when travelling by sea and inland waterway
References	14849/3/2009 – C7-0076/2010 – 2008/0246(COD)
Date of Parliament’s first reading – P number	23.4.2009                     T6-0280/2009
Commission proposal	COM(2008)0816 - C6-0476/2008
Date receipt of common position announced in plenary	25.3.2010
Committee responsible        Date announced in plenary	TRAN 25.3.2010
Rapporteur(s)        Date appointed	Inés Ayala Sender 8.12.2008
Discussed in committee	1.12.2009		3.5.2010		31.5.2010
Date adopted	1.6.2010
Result of final vote	+: –: 0:	24 1 17
Members present for the final vote	Inés Ayala Sender, Georges Bach, Izaskun Bilbao Barandica, Antonio Cancian, Michael Cramer, Ryszard Czarnecki, Luis de Grandes Pascual, Christine De Veyrac, Saïd El Khadraoui, Ismail Ertug, Carlo Fidanza, Knut Fleckenstein, Jacqueline Foster, Mathieu Grosch, Juozas Imbrasas, Ville Itälä, Dieter-Lebrecht Koch, Georgios Koumoutsakos, Werner Kuhn, Jörg Leichtfried, Eva Lichtenberger, Marian-Jean Marinescu, Gesine Meissner, Vilja Savisaar, Olga Sehnalová, Debora Serracchiani, Brian Simpson, Dirk Sterckx, Silvia-Adriana Ţicău, Thomas Ulmer, Peter van Dalen, Dominique Vlasto, Roberts Zīle
Substitute(s) present for the final vote	Jean-Paul Besset, Spyros Danellis, Jelko Kacin, Gilles Pargneaux, Dominique Riquet, Alfreds Rubiks, Salvatore Tatarella, Sabine Wils, Corien Wortmann-Kool