RECOMMENDATION FOR SECOND READING on the Council common position for adopting a regulation of the European Parliament and of the Council on international rail passengers' rights and obligations

22.12.2006 - (5892/1/2006 – C6‑0311/2006 – 2004/0049(COD)) - ***II

Committee on Transport and Tourism
Rapporteur: Dirk Sterckx

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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the Council common position for adopting a regulation of the European Parliament and of the Council on international rail passengers' rights and obligations

(5892/1/2006 – C6‑0311/2006 – 2004/0049(COD))

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (5892/1/2006 – C6‑0311/2006),

–   having regard to its position at first reading[1] on the Commission proposal to Parliament and the Council (COM(2004)0143)[2],

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to Rule 62 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on Transport and Tourism (A6‑0479/2006),

1.  Approves the common position as amended;

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

Council common position	Amendments by Parliament
Amendment 1 Title of Regulation
Regulation of the European Parliament and of the Council on International Rail Passengers' Rights and obligations	Regulation of the European Parliament and of the Council on Rail Passengers' Rights and obligations
Justification
At first reading the European Parliament supported by a large majority your rapporteur's proposal to extend the scope of this regulation to all rail passengers.
Amendment 2 Recital 1
(1) In the framework of the common transport policy, it is important to safeguard users' rights for international rail passengers travelling between the Member States and to improve the quality and effectiveness of international rail passenger services between the Member States in order to help the increase of the share of rail transport in relation to other modes of transport.	(1) In the framework of the common transport policy, it is important to safeguard users' rights for rail passengers and to improve the quality and effectiveness of rail passenger services in order to help the increase of the share of rail transport in relation to other modes of transport.
Justification
See previous amendment.
Amendment 3 Recital 6
(6) Strengthening of the rights of international rail passengers should build on the existing system of international law on this subject contained in Appendix A – Uniform rules concerning the Contract for International Carriage of Passengers and Luggage by Rail (CIV) to the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980, as modified by the Protocol for the modification of the Convention concerning International Carriage by Rail of 3 June 1999 (1999 Protocol).	(6) Strengthening of the rights of rail passengers should build on the existing system of international law on this subject contained in Appendix A – Uniform rules concerning the Contract for International Carriage of Passengers and Luggage by Rail (CIV) to the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980, as modified by the Protocol for the modification of the Convention concerning International Carriage by Rail of 3 June 1999 (1999 Protocol).
	However, it is desirable to extend the scope and protect not only international passengers but domestic passengers too.
Justification
Wherever possible we should take over the provisions of the CIV. The CIV is a good starting point for this regulation. However, the CIV applies only to international rail transport. Your rapporteur, supported by Parliament at first reading, wants this regulation to apply to all rail passengers.
Amendment 4 Recital 7
(7) Railway undertakings should cooperate to facilitate the transfer of international rail passengers from one operator to another by the provision of through tickets, whenever possible	(7) Railway undertakings should cooperate to facilitate the transfer of rail passengers from one operator to another by the provision of through tickets, whenever possible
Justification
This regulation should apply to all rail passengers.
Amendment 5 Recital 8
(8) The provision of information and tickets for international rail passengers should be facilitated by the adaptation of computerised systems to a common specification.	(8) The provision of information and tickets for rail passengers should be facilitated by the adaptation of computerised systems to a common specification.
Justification
This regulation should apply to all rail passengers.
Amendment 6 Recital 10
(10) International rail passenger services should benefit citizens in general. Consequently, persons with reduced mobility, whether caused by disability, age or any other factor, should have opportunities for rail travel comparable to those of other citizens. Persons with reduced mobility have the same right as all other citizens to free movement, freedom of choice and to non-discrimination. Inter alia, special attention should be given to the provision of information to persons with reduced mobility concerning the accessibility of rail services, access conditions of rolling stock and the facilities on board. In order to provide passengers with sensory impairment with the best information on delays, visual and audible systems should be used, as appropriate. Persons with reduced mobility should be enabled to buy tickets on board a train without extra charges	(10) Rail passenger services should benefit citizens in general. Consequently, persons with reduced mobility, whether caused by disability, age or any other factor, should have opportunities for rail travel comparable to those of other citizens. Persons with reduced mobility have the same right as all other citizens to free movement, freedom of choice and to non-discrimination. Inter alia, special attention should be given to the provision of information to persons with reduced mobility concerning the accessibility of rail services, access conditions of rolling stock and the facilities on board. In order to provide passengers with sensory impairment with the best information on delays, visual and audible systems should be used, as appropriate. Persons with reduced mobility should be enabled to buy tickets on board a train without extra charges
Justification
This regulation should apply to all rail passengers..
Amendment 7 Recital 10 a (new)
	(10a) Rail undertakings and station managers must take into account the needs of disabled people or people with reduced mobility, through compliance with the Technical Specification for Interoperability for Persons with Reduced Mobility, so as to ensure that, in accordance with Community public procurement rules, all buildings and rolling stock are made accessible by progressively eliminating physical obstacles and functional hindrances when acquiring new material or carrying out construction or major renovation work.
Justification
Constant improvements regarding accessibility for disabled people or people with reduced mobility are essential to ensure a railway system which benefits all users. At the same time, it is recognised that it is impossible to adapt all rolling stock and buildings in line with these requirements from day one.
This recital recognises that when purchasing new rolling stock, building new stations and renewing or upgrading existing stations the needs of PRM shall be taken into proper account according to the Technical Specification for Interoperability (TSI) for PRM. The PRM TSI is one of the rail system specifications required by the Interoperability Directives for the high-speed (96/48) and conventional (2001/16) rail network.
Amendment 8 Recital 11
(11) Railway undertakings should be obliged to be insured, or to make equivalent arrangements, for their liability to international rail passengers in the event of accident. The minimum amount of insurance for railway undertakings should be the subject of future review.	(11) Railway undertakings should be obliged to be insured, or to make equivalent arrangements, for their liability to rail passengers in the event of accident. It is desirable to determine a minimum amount of insurance for railway undertakings.
Justification
This regulation should apply to all rail passengers.
It should already be possible to set an amount for the minimum insurance cover for railway undertakings.
Amendment 9 Recital 12
(12) Strengthened rights of compensation and assistance in the event of delay, missed connection or cancellation of an international service should lead to greater incentives for the international rail passenger market, to the benefit of passengers.	(12) Strengthened rights of compensation and assistance in the event of delay, missed connection or cancellation of a service should lead to greater incentives for the rail passenger market, to the benefit of passengers.
Justification
This regulation should apply to all rail passengers.
Amendment 10 Recital 15
(15) It is in the interests of international rail passengers that adequate measures be taken, in agreement with public authorities, to ensure their personal security at stations as well as on board trains.	(15) It is in the interests of rail passengers that adequate measures be taken, in agreement with public authorities, to ensure their personal security at stations as well as on board trains.
Justification
This regulation should apply to all rail passengers.
Amendment 11 Recital 16
(16) International rail passengers should be able to submit a complaint to any railway undertaking or ticket vendor involved regarding the rights and obligations conferred by this Regulation, and be entitled to receive a response within a reasonable period of time.	(16) Rail passengers should be able to submit a complaint to any railway undertaking or ticket vendor involved regarding the rights and obligations conferred by this Regulation, and be entitled to receive a response within a reasonable period of time
Justification
This regulation should apply to all rail passengers.
Amendment 12 Recital 17
(17) Railway undertakings should define, manage and monitor service quality standards for international rail passenger services.	deleted
Justification
Your rapporteur does not consider it particularly useful to require railway undertakings to impose quality standards on themselves, which they then have to manage and monitor. It is for third parties (such as consumer organisations, the media, universities, etc.) to judge the quality of railway undertakings and to highlight any shortcomings.
Amendment 13 Recital 21
(21) Since the objectives of this Regulation, namely the development of the Community's railways and the introduction of passenger rights in international rail traffic, cannot be sufficiently achieved by the Member States alone in view of the significant international dimensions and the need for international coordination of international passenger journeys and can, therefore, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.	(21) Since the objectives of this Regulation, namely the development of the Community's railways and the introduction of passenger rights, cannot be sufficiently achieved by the Member States alone and can, therefore, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Justification
This regulation should apply to all rail passengers. European citizens increasingly travel, live and work in other Member States. For that reason alone, it is important that the same passenger rights should apply in all Member States on both international and national rail services. The extension of the scope of the regulation is therefore fully in accordance with the principles of subsidiarity and proportionality.
Amendment 14 Recital 22
(22) It is an aim of this Regulation to support cross-border integration in areas where citizens of two or more neighbouring Member States work and reside – to a substantial degree – in the other Member State. Therefore, Member States should be enabled temporarily to grant exemptions for individual cross-border services. These services might provide transport either in a conurbation or region located in two or more Member States, in regions where a significant part of the service is operated outside the Community, where a short section of the route passes through another Member State or where it crosses into another Member State only to make the final stop.	(22) It is an aim of this Regulation to introduce passenger rights into national and international rail transport. A number of the provisions of this regulation will demand major adjustments in some Member States. Consequently Member States which are in an extraordinary situation must have the option of granting temporary exemptions from certain measures laid down in this regulation in respect of national journeys on their territory or a part thereof.
	In a number of Member States, public service contracts provide for a system of appropriate compensation payable to the authorities in the event of delays. Member States which provide for such a system in their public service contracts should have the option of being temporarily exempted from the provisions of this regulation relating to compensation in the event of delays.
Justification
The Council not only greatly restricts the scope of this regulation but also introduces the possibility of granting temporary exemptions. This is totally at odds with the position of the European Parliament at first reading.
Your rapporteur quite understands the difficulties which may be faced by a number of (new) Member States if they have to immediately apply all the provisions of this regulation to their national passenger transport systems. A temporary exemption as proposed by your rapporteur would enable them to adjust, while not conflicting with the ultimate aim of creating equal rights for rail passengers throughout the EU. It should be possible to retain, on a temporary basis, public service contracts which provide for a system of fines to the authorities in the event of delay.
Amendment 15 Recital 23
(23) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission,	(23) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. In particular, the Commission should be empowered to establish measures of a general scope and which are designed to amend non-essential elements of this Regulation or to supplement it by the addition of new non-essential elements; these measures should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC,
Justification
Necessary to ensure the application of the regulatory procedure with scrutiny in comitology.
Amendment 16 Article 1, point (e)
e) the 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, and	e) the management of risks to the personal security of passengers and the handling of complaints, and
Justification
Your rapporteur does not consider it particularly useful to require railway undertakings to impose quality standards on themselves, which they then have to manage and monitor. It is for third parties (such as consumer organisations, the media, universities, etc.) to judge the quality of railway undertakings and to highlight shortcomings. It also needs to be made clear here too that this regulation applies to all rail passengers.
Amendment 17 Article 2, paragraph 1
1. Subject to paragraphs 2, 3 and 4, this Regulation shall apply throughout the Community to international journeys on domestic and international services, provided by one or more railway undertakings licensed in accordance with Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings.	1. This regulation shall apply to all rail journeys and services throughout the Community provided by one or more railway undertakings licensed in accordance with Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings
	Public service contracts, too, must guarantee at least the level of protection provided for in this Regulation.
Justification
The scope provided for in the Council's common position is at once very restrictive and very complex. Whether one is covered by the regulation or not depends on a combination of factors: where one boards the train, which train one is travelling on, and what problem one is dealing with (delay, reduced mobility etc.).
In line with Parliament’s position at first reading, your rapporteur maintains that this regulation should in principle apply to all rail journeys and services in the Community, including those provided under public service contracts, so that all rail passengers in the internal market, wherever they are, enjoy the same minimum protection.
Amendment 18 Article 2, paragraph 1 a (new)
	1a. This Regulation does not apply to railway undertakings and service providers which are not licensed under Directive 95/18/EC.
Justification
The Regulation should not apply to journeys or services provided by those railway undertakings or service providers not licensed according to Council Directive 95/18/EC, such as metro services, whose characteristics of relatively short and inexpensive trips on urban mass transit systems are completely different from other rail journeys and services.
Amendment 19 Article 2, paragraph 2
2. Chapter IV and Article 25 shall apply only to international journeys on international services.	deleted
Justification
Chapter IV contains the provisions relating to delays, missed connections and cancellations. The Council wants these provisions to apply only to international journeys on international services. Your rapporteur considers that this restriction goes too far. There should, however, be the option of obtaining a temporary exemption for certain national services. The system of compensation for delays may pose a problem for national services, particularly in the new Member States. Your rapporteur therefore proposes an amendment to Article 2(4).
Amendment 20 Article 2, paragraph 3
3. Chapter V shall also apply to domestic journeys on international services.	deleted
Justification
Chapter V relates to the rights of persons with reduced mobility. Even though the Council provides a somewhat broader scope for this chapter, it is still not in line with the position of the European Parliament at first reading that all rail passengers should have the same +minimum rights.
Amendment 21 Article 2, paragraph 4
4. For a maximum period of 5 years, a Member State may, on a transparent and non discriminatory basis, grant a temporary exemption, which may be renewed, from application of the provisions of this Regulation to particular international services or international journeys, which are in an extraordinary situation because:	4. For a maximum period of 10 years, in exceptional circumstances preventing the immediate or short-term implementation of this regulation because of the major investment necessary and the practical difficulties encountered in making the necessary structural changes to rail services and modernising rolling stock, a Member State may, on a transparent and non discriminatory basis, grant a temporary exemption from application of the provisions of this Regulation, in particular the provisions of Article 8 and 9 regarding tickets and information systems and Articles 14 and 15 regarding reimbursement and compensation for particular services or specific sections.
a) the international service provides transport to meet the transport needs of a conurbation or a region located in two or more Member States, or
b) a significant part of the international service, including at least one scheduled station stop, is operated outside the Community, or
c) the international service begins and ends in the same Member State and a section passes through one other Member State, with or without commercial stops, for a distance of less than 100 km, or
d) the international service crosses one Member State border and terminates at the station closest to the border.
Member States shall notify the Commission of such an exemption. The Commission shall determine whether an exemption is in accordance with this Article.
Justification
The regulation should in principle apply to all trains and all rail passengers in the Community. However, if the compensation scheme for delays and the system for purchasing rail tickets provided for in this regulation were introduced immediately on all trains, this might represent a major problem and require impracticable investments for some Member States or regions. The Commission should, however, keep the situation under review.
Amendment 22 Article 2, paragraph 4 a (new)
	4a. Member States in which arrangements for reimbursement and compensation for delays, missed connections and cancellations are already contained in existing public service contracts may accord railway undertakings a temporary exemption to the provisions of Article 14 and 15 of this regulation for a maximum of ten years, limited to the service provided and the specific section. Such an exemption shall be admissible in respect of arrangements providing a level of protection for passenger rights equivalent to this regulation and shall not be applicable to public service contracts concluded after the entry into force of this regulation.
Justification
The regulation should in principle apply to all trains and all rail passengers in the Community. However, in certain Member States existing public service contracts already provide for an equivalent system of equivalent compensation developed in the light of wide and up-to-date experience. Such arrangements should be continued if they provide equivalent protection for passengers, avoiding also the need to renegotiate contracts, something which frequently involves lengthy and complex deliberations between the authorities and the undertaking concerned. The Commission will of course keep such arrangements under review as necessary.
Amendment 23 Article 2, paragraph 4 b (new)
	4b. The Member State shall inform the Commission of such exemptions. The Commission shall establish whether an exemption is in accordance with this article and not contrary to the interests of the European Community.
Justification
Under the Treaty the Commission is required to ensure the proper implementation of the rules and assess their overall effects on the system.
Amendment 24 Article 3, paragraph 15 a (new)
	15a. 'season ticket' means a transport contract which permits the holder to travel on a regular basis for a certain period of time on a certain route;
Justification
See Parliament’s position at first reading. Provision should also be made for rail season ticket holders to have a right to compensation in the event of recurrent delays (see Article 15(1)a). It is therefore necessary to define what is meant by the term 'season ticket’.
Amendment 25 Article 3, paragraph 17
17. 'person with reduced mobility' means any person whose mobility when using transport is reduced due to any physical disability (sensory or locomotory, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation needs appropriate attention and adaptation to his or her particular needs of the service made available to all passengers;	17.“disabled person” or “person with reduced mobility” means any person whose mobility when using transport is reduced due to any physical disability (sensory or locomotory, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or as a result of age, and whose situation needs appropriate attention and adaptation to his or her particular needs of the service made available to all passengers;
Justification
Your rapporteur notes that this regulation and the regulation adopted in July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air (Regulation (EC) 1107/2006) use different definitions of ‘person with reduced mobility’. When this proposal was debated by Parliament at first reading, the regulation adopted in July did not yet exist. The definition adopted by the Council is the one used in Regulation 261/2004 (assistance to passengers in the event of denied boarding). It is logical that at second reading we should now bring these two texts into line with each other, since they both seek to achieve the same objective. (Translator's note: This amendment affects the EN text only to the extent that the words 'disabled person' are added to the term defined. In other respects the EN version of the Council's definition is identical to that in Regulation 1107/2006).
Amendment 26 Article 4
Subject to the provisions of this Chapter, the conclusion and performance of a transport contract and the provision of information and tickets shall be governed by the provisions of Title II and Title III of Annex I.	Subject to the provisions of this Chapter, the conclusion and performance of a contract for the transport of persons and their baggage, baby carriages, wheelchairs, bicycles and sports equipment and the provision of information and tickets shall be governed by the provisions of Title II and Title III of Annex I.
Amendment 27 Article 6
Obligation to provide information concerning discontinuation of international services	Obligation to provide information concerning discontinuation of rail services
Railway undertakings shall make public by appropriate means, and before their implementation, decisions to discontinue international services.	Railway undertakings shall make public by appropriate means, and before their implementation, decisions to discontinue rail services.
Justification
This regulation should apply to all rail passengers.
Amendment 28 Article 7, paragraph 1
1. Without prejudice to Article 9, railway undertakings and ticket vendors offering transport contracts on behalf of one or more railway undertakings shall provide the passenger, upon request, with at least the information set out in Annex II, Part I in relation to the international journeys for which a transport contract is offered by the railway undertaking concerned. Ticket vendors offering transport contracts on their own account, and tour operators, shall provide this information where available.	1. Without prejudice to Article 9, railway undertakings and ticket vendors offering transport contracts on behalf of one or more railway undertakings shall provide the passenger, upon request, with at least the information set out in Annex II, Part I in relation to the journeys for which a transport contract is offered by the railway undertaking concerned. Ticket vendors offering transport contracts on their own account, and tour operators, shall provide this information where available
Justification
This regulation should apply to all rail passengers.
Amendment 29 Article 7, paragraph 2
2. Railway undertakings shall provide the passenger during the international journey with at least the information set out in Annex II, Part II.	2. Railway undertakings shall provide the passenger during the journey with at least the information set out in Annex II, Part II.
Justification
This regulation should apply to all rail passengers.
Amendment 30 Article 7, paragraph 3
3. The information set out in paragraphs 1 and 2 shall be provided in the most appropriate format.	3. The information set out in paragraphs 1 and 2, including electronic vending systems, shall be provided in a format which is accessible and comprehensible. Particular attention shall be devoted to the needs of people with auditory and/or visual impairment.
Amendment 31 Article 8
Availability of tickets, through tickets and reservations	Availability of tickets, through tickets and reservations
1. Railway undertakings and ticket vendors shall offer, where available, tickets, through tickets and reservations.	1. Railway undertakings and ticket vendors shall offer, where available, tickets, through tickets and reservations.
Without prejudice to paragraph 2, railway undertakings shall distribute tickets to passengers via at least one of the following points of sale:	1a. Without prejudice to paragraph 2, railway undertakings shall distribute tickets to passengers via at least one of the following points of sale:
a) ticket offices or selling machines;	a) ticket offices or selling machines;
b) telephone/internet or any other widely available information technology;	b) telephone/internet or any other widely available information technology;
c) on board trains.	c) on board trains.
	1b. Without prejudice to paragraphs 2 and 2a, railway undertakings shall distribute tickets for services provided under public service contracts via at least one of the following points of sale:
	a) ticket offices or selling machines;
	b) on board trains.
2, Railway undertakings shall offer the possibility to obtain tickets for the respective service on board the train, unless this is limited or denied on security or antifraud policy or compulsory train reservation or reasonable commercial grounds.	2. Railway undertakings shall offer the possibility to obtain tickets for the respective service on board the train, unless this is limited or denied on security or antifraud policy or compulsory train reservation or reasonable commercial grounds.
	2a. Where there is no ticket office or selling machine in the station of departure, passengers shall be informed at the station:
	- of the possibility of purchasing tickets via telephone/internet or on board the train, and the procedure for such purchase;
	- of the nearest railway station or place at which ticket offices and/or selling machines are available.
Justification
The Council provides only for a system of sale for international tickets. Your rapporteur is extending the scope of this regulation to all rail passengers and journeys. The Council’s proposal therefore needs to be adjusted accordingly. For example, tickets for services provided under public service contracts cannot be made available solely via the Internet.
Amendment 32 Article 11, paragraph 2
2. The Commission shall submit to the European Parliament and the Council a report on the setting of a minimum amount of insurance for railway undertakings by …[3]*. If appropriate it shall be accompanied by suitable proposals or recommendations on this matter	2. The minimum amount of insurance for railway undertakings shall be EUR XXX
Justification
It should already be possible to set an amount for the minimum amount of insurance cover for railway undertakings.
Amendment 33 Article 11a (new)
	Article 11a
	Damages in the event of the death or injury of passengers
	1. 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.
	2. The rail undertaking may not exclude or limit its liability for damages in the event of the death or injury of a passenger up to EUR 120 000 per passenger. Above that amount, the rail undertaking shall not be liable for damages if it can prove that it was not negligent or otherwise at fault.
Justification
For the liability of rail undertakings in the event of the death or injury of passengers, the Council refers to the CIV. However, the above-mentioned aspects of such liability are not dealt with in the CIV. Your rapporteur considers that these provisions should not be omitted from this regulation.
The amount proposed by your rapporteur is approximately that which applies in air transport (cf. Regulation 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents – OJ L 140, 30.5.2002, p.2).
Amendment 34 Article 12, paragraph 1
1. If a passenger is killed or injured, the railway undertaking shall without delay, and in any event not later than fifteen days after the establishment of the identity of the natural person entitled to compensation, make such advance payments as may be required to meet immediate economic needs on a basis proportional to the damage suffered.	1. If a passenger is killed or injured, the railway undertaking as defined in Article 56(1) of Annex I, shall without delay, and in any event not later than fifteen days after the establishment of the identity of the natural person entitled to compensation, make such advance payments as may be required to meet immediate economic needs on a basis proportional to the damage suffered.
Justification
The requirement to make an advance payment should fall upon only the Railway Undertaking that is liable and not on successive carriers. The proposed amendment provides the desired legal clarity by explicitly invoking 56 §1 of COTIV-CIV.
Amendment 35 Article 13
Subject to the provisions of this chapter the liability of railway undertakings in respect of delays, missed connections and cancellations shall be governed by Chapter II of Title IV of Annex I.	Subject to the provisions of this chapter the liability of railway undertakings in respect of delays, missed connections and cancellations shall be governed by Chapter II of Title IV of Annex I. Paragraph 2 of Article 32 of Annex I shall also apply to Articles 14 and 15 of this regulation.
Justification
The amendment makes it clear that provisions regarding liability under Annex I of the Regulation apply also to reimbursement of the cost of the ticket and compensation payments.
Amendment 36 Article 15, paragraph 1, subparagraph 1, introductory part
1. Without losing the right of transport, a passenger may request compensation for delays from the railway undertaking if he or she is facing a delay for which the ticket has not been reimbursed in accordance with Article 14. The minimum compensations for delays shall be as follows:	1. Without losing the right of transport, a passenger may request compensation for delays from the railway undertaking if he or she is facing a delay between the places of departure and destination stated on the ticket for which the ticket has not been reimbursed in accordance with Article 14. The minimum compensations for delays shall be as follows:
Justification
It is necessary for the station of departure and destination to be stated on the ticket in order to prevent the abuse of “non-service-specific” tickets. Tickets which do not state a place of departure and arrival, such as day tickets, weekly tickets or regional tickets, are valid for a particular period and not for a specific railway service. Passengers may have used such tickets for any transport service to any destination within their period and area of validity. When claiming compensation for delays, passengers could thus misuse this type of ticket by claiming subsequent compensation for using a delayed service which he or she did not in fact use.
Amendment 37 Article 15, paragraph 1, subparagraph 1 a (new)
	1a. 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.
	Railway undertakings shall determine in advance, in close consultation with representatives of users or with the authorities in connection with public service contracts, the criteria for punctuality and reliability of the service concerned which shall be used for the purposes of applying this paragraph
	They shall also determine the implementing arrangements, particularly for proving that the holder of a rail season ticket actually used the delayed services.
Justification
It is desirable that, alongside the compensation system for one-off delays, compensation should also be introduced for passengers with season tickets (commuters) who encounter recurrent short delays over a given period. This regulation does not need to specify in detail how such a system should work: this is a matter for the Member States.
Amendment 38 Article 15, paragraph 1, subparagraph 2 a (new)
	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.
Justification
It needs to be made clear that compensation for delay is related to the price actually paid. Passengers travelling at a reduced price cannot expect to be compensated on the basis of the normal price.
The same applies to travel cards entitling the holder to a number of train journeys within a particular area, such as reduced-rate passes for specific categories of passenger (young people, senior citizens, etc. )
Amendment 39 Article 15, paragraph 1, last subparagraph
The calculation of the period of delay shall not take into account any delay that the railway undertaking can demonstrate as having occurred outside the territory of a Member State.	The calculation of the period of delay shall not take into account any delay that the railway undertaking can demonstrate as having occurred outside the territory of the European Union.
Justification
Clarification.
Amendment 40 Article 15, paragraph 2
2. The compensation of the ticket price shall be paid within 14 days after the submission of the request for compensation. The compensation may be paid in vouchers and/or other services if the terms are flexible (in particular regarding the validity period and destination). The compensation shall be paid in money at the request of the passenger if vouchers or other services would be of no value to the passenger.	2. The compensation of the ticket price shall be paid within one month after the submission of the request for compensation. The compensation may be paid in vouchers and/or other services if the terms are flexible (in particular regarding the validity period and destination). The compensation shall be paid in money at the request of the passenger.
Justification
At first reading Parliament supported this proposal to provide for a rather more realistic deadline for the payment of compensation.
It seems expedient to give the user a choice between payment in cash or vouchers and/or services, thereby avoiding the probatio diabolica regarding 'no value to the passenger'.
The form taken by the compensation must be up to the passenger and must not, for example, mean that he has to provide evidence to show why a voucher would be of no value or use to him and why he therefore prefers to be compensated in cash.
Amendment 41 Article 16, paragraph 2, point (a)
a) meals and refreshments in reasonable relation to the waiting time, if available on the train or in the station:	a) meals and refreshments in reasonable relation to the waiting time, if they are available on the train or in the station or can be supplied :
Justification
Meals are not always available at all stations or an all trains, so in some cases it ought to be possible for them to be supplied.
Amendment 42 Article 17
Information to persons with reduced mobility	Right to transport
1. Upon request, the railway undertaking, the ticket vendor or the tour operator shall provide persons with reduced mobility with information on the accessibility of rail services and on access conditions of rolling stock as well as the facilities on board	1. Notwithstanding the access rules set out in paragraphs 2 and 2a, a railway undertaking, a ticket vendor or a tour operator shall not refuse, on the grounds of reduced mobility, to accept a reservation or to issue a ticket. Reservations and tickets shall be offered to persons with reduced mobility at no additional cost.
2. The railway undertaking shall establish non discriminatory access rules applicable in relation to the transport of persons with reduced mobility, in order to meet applicable safety requirements established by law. On request, railway undertakings, ticket vendors and/or tour operators shall immediately make these rules available.	2. Railway undertakings and station managers, with the active involvement of representative organisations of persons with reduced mobility, and in particular of people with disabilities, shall establish non discriminatory access rules applicable in relation to the transport of persons with reduced mobility, in order to meet applicable safety requirements established by law.
	2a. A railway undertaking, ticket vendor or tour operator may only refuse to accept a reservation from, or to issue a ticket to, a person with reduced mobility, or require that such person be accompanied by another person, where this is strictly necessary in order to comply with the access rules mentioned in paragraph 2.
Justification
Your rapporteur has changed the order of Articles 17 and 18, putting the right to transport first. While account has to be taken of particular access rules which may result from legal safety requirements, these are the only instances in which a restriction of the right to transport of persons with reduced mobility may be considered.
It is desirable to involve the organisations of persons with reduced mobility in the development of the access rules as they are the main affected parties.
Amendment 43 Article 18
Right to transport	Information to persons with reduced mobility
1. A railway undertaking, a ticket vendor or a tour operator shall not refuse, on the grounds of reduced mobility, to accept a reservation or to issue a ticket. Reservations and tickets shall be offered to persons with reduced mobility at no additional cost	1. Upon request, the railway undertaking, the ticket vendor or the tour operator shall provide persons with reduced mobility with information on the accessibility of rail services and on access conditions of rolling stock in accordance with the access rules referred to in Article 17(2) and shall inform persons with reduced mobility about the facilities on board.
2. Notwithstanding paragraph 1, a railway undertaking, ticket vendor and/or tour operator may refuse to accept a reservation from, or to issue a ticket to, a person with reduced mobility, or require that such person be accompanied by another person in line with the access rules mentioned in Article 17(2).
3. When a railway undertaking, ticket vendor and/or tour operator exercise the derogation under paragraph 2, it shall upon request inform in writing the person with reduced mobility concerned of its reasons for doing so within five working days of the refusal to make the reservation or to issue the ticket or the imposition of the condition of being accompanied	2. When a railway undertaking, ticket vendor and/or tour operator exercise the derogation under Article 17(2), it shall upon request inform in writing the person with reduced mobility concerned of its reasons for doing so within five working days of the refusal to make the reservation or to issue the ticket or the imposition of the condition of being accompanied
Justification
See justification to previous amendment.
Amendment 44 Article 18 a (new)
	Article 18a
	The rail undertaking and station manager shall ensure that the station, platforms, rolling stock and other facilities are accessible to persons with reduced mobility.
	Where there is as yet no access for persons with reduced mobility, the rail undertaking and/or station manager shall ensure that: a) stations, platforms and other facilities are made accessible to persons with reduced mobility when major renovations are carried out; b) all new rolling stock purchased is accessible to persons with reduced mobility.
Justification
This amendment restates Parliament’s position at first reading (Amendments 88 and 89). Rail undertakings and station managers must ensure that persons with reduced mobility have access to rolling stock and stations, platforms and other facilities. While it is impossible to adapt all rolling stock and all stations in one go, when the rail undertakings and station managers carry out renovations or purchase new rolling stock they must ensure that accessibility for persons with reduced mobility is guaranteed.
Amendment 45 Article 19, paragraph 1
1. On departure from, transit through or arrival at, a staffed railway station of a person with reduced mobility, the station manager shall provide assistance free of charge in such a way that the person is able to board the departing service of to disembark from the arriving service for which he or she purchased a ticket, without prejudice to the access rules established under Article 17 (2). For the purpose of this Article a station shall not be considered staffed if the safety, security, ticket sales or revenue protection duties of the on-duty staff necessarily preclude them from offering such assistance.	1. On departure from, transit through or arrival at, a staffed railway station of a person with reduced mobility, the station manager shall provide assistance free of charge in such a way that the person is able to board the departing service of to disembark from the arriving service for which he or she purchased a ticket, without prejudice to the access rules established under Article 17 (2). On departure from, transit through or arrival at an unstaffed railway station of a person with reduced mobility, the railway undertaking and the station manager shall make all reasonable efforts to offer such assistance or provide for alternative facilities or arrangements guaranteeing an equivalent or higher level of accessibility as will enable the person with reduced mobility to travel.
Justification
Railway undertakings, sometimes in association with local, regional or national governments, should be able to offer alternative ways of enabling travel possibilities for people with reduced mobility. For example on-demand services, or funded taxi services from staffed stations to places of residences of people with reduced mobility often offer efficient possibilities.
Amendment 46 Article 19, paragraph 2 a (new)
	2a. In unstaffed stations, the railway undertakings and station managers shall ensure that easily accessible information concerning the nearest staffed stations and the most readily available forms of assistance is directly available for disabled people or people with reduced mobility both inside and outside the station.
Justification
At 'unstaffed stations', the railway undertakings and station managers, given their limited manpower, are unable to guarantee an ideal outcome. However, it is important for disabled people or people with reduced mobility to be aware of alternative forms of transport and terms of travel.
Amendment 47 Article 20
Without prejudice to the access rules as referred to in Article 17(2), a railway undertaking shall provide a person with reduced mobility assistance free of charge on board a train and during boarding and disembarking from a train. For the purposes of this Article, assistance on board shall be assistance offered to a person with reduced mobility in order to allow this person to have access to the same services in the train as other passengers should the extent of the person's reduced mobility not allow him or her to have access to those services independently and in safety.	Without prejudice to the access rules as referred to in Article 17(2), a railway undertaking shall provide a person with reduced mobility assistance free of charge on board a train and during boarding and disembarking from a train. For the purposes of this Article, assistance on board shall be all reasonable efforts to offer assistance to a person with reduced mobility in order to allow this person to have access to the same services in the train as other passengers should the extent of the person´s reduced mobility not allow him or her to have access to those services independently and in safety, he or she shall be accompanied by another person, who shall travel free of charge. When there is no accompanying staff on board the train, railway undertakings may provide for alternative facilities or arrangements, in order to achieve the same purpose.
Justification
On-board assistance is not possible in practice. On-board services include, for example, catering services (bars) or the use of toilets. The lack of qualified staff and the ‘physical’ impossibility of moving about in a wheelchair on some trains do not make it possible to provide assistance for access to all services. Such an obligation would involve particular qualifications and responsibilities which are not held by support staff on board trains. A person accompanying the disabled person could, however, provide such assistance on board.
A distinction should be drawn, in line with the technical specification for interoperability (TSI) on passengers with reduced mobility, adopted by the Commission and the Member States last June, between accessibility, which should be achieved for everyone with reduced mobility, and assistance, which should not have to be obligatorily provided free of charge except to people who are disabled from birth or after an accident.
For trains where there is no staff on board, railway undertakings can provide for alternatives, which help to achieve the same purpose. An example is to offer the possibility to a person of reduced mobility to take someone else in the train for free.
Amendment 48 Article 21, point (d)
(d) Without prejudice to the powers of entities regarding areas located outside the railway station premises, the station manager shall designate points, within and outside the railway station, at which persons with reduced mobility can announce their arrival at the railway station and, if need be, request assistance.	(d) Without prejudice to the powers of entities regarding areas located outside the railway station premises, the station owner or the person delegated by him shall designate points, within and outside the railway station, at which persons with reduced mobility can announce their arrival at the railway station and, if need be, request assistance.
Justification
This amendment seeks a clear demarcation between the duties of the person managing the infrastructure and those of the 'station manger'. Certain activities, including - for example - passenger assistance, can be more effectively provided by the railway undertakings, as opposed to the person responsible for managing the infrastructure. Where the 'station manager' is independent of the person responsible for managing the infrastructure, management of the relevant inside and outside station areas should be the responsibility of the network owner.
Amendment 49 Article 21, paragraph 2, point (e)
e) Assistance shall be provided on condition that the person presents him or herself at the designated point:	e) Assistance shall be provided on condition that the person presents him or herself at the designated point no more than 30 minutes before:
– at a time stipulated in advance by the railway undertaking which shall be no more than 90 minutes before the published departure time or,	- the published departure time or,
– if no time stipulated, not later than 30 minutes before the published departure time.	- the time at which passengers are asked to present themselves.
Justification
This is a proposal by the Council. In principle it is logical that persons with reduced mobility who require assistance should present themselves early at the station. However, the 90 minutes the Council proposes seem rather excessive, particularly since the persons with reduced mobility have already given notice in advance that they require assistance. Your rapporteur therefore suggests that such persons should present themselves at any event half an hour before the departure time or the time at which other passengers are expected to be at the station.
Amendment 50 Article 22
If the railway undertaking is liable for the total or partial loss of, or damage to, mobility equipment or other specific equipment used by persons with reduced mobility, no financial limit shall be applicable.	If the railway undertaking is liable for the total or partial loss of, or damage to, mobility equipment or other specific equipment used by persons with reduced mobility, it shall be obliged to pay compensation to the passenger in proportion to the loss incurred.
Justification
The level of compensation should be in line with the loss suffered and cover expenses necessary to purchase or repair of the lost or damaged equipment.
Amendment 51 Article 24, paragraph 2
2. Passengers may submit a complaint to any of the railway undertakings or to the ticket vendor involved. Within 20 days, the addressee of the complaint shall either give a reasoned reply or, in justified cases, inform the passenger by what date within a period of less than three months from the date of the complaint a reply can be expected.	2. Passengers may submit a complaint to any of the railway undertakings or to the ticket vendor involved. Within one month, the addressee of the complaint shall either give a reasoned reply or, in justified cases, inform the passenger by what date within a period of less than three months from the date of the complaint a reply can be expected.
Justification
One month is a more realistic deadline for giving a reasonable reply to the passenger.
Where complaints are concerned, one month is a realistic deadline for giving a reasonable reply to passengers. The general practice among railway undertakings is, in fact, already based on such a period (it should be noted that no provisions regarding complaints appear in the air transport regulation).
One month is a more realistic deadline for giving a reasonable reply to the passenger and common practice among railways already provides for such a performance standard (note that no provision on complaints is provided in the Air regulation).
It would anyway seem likely that the intent behind the Council position was 20 Working Days (i.e. 4 weeks) and the proposed “one month” provides consistency with the performance standard proposed by the Rapporteur in respect of paying compensation (Rapporteur’s amendment 31).
Amendment 52 Article 24, paragraph 4 (new)
	4. In the event of disputes or disagreements between rail undertakings and passengers concerning complaints, passengers may approach a specially appointed independent conciliation body to settle the dispute.
Justification
Passengers must have the right, in the event of disputes or disagreements concerning complaints, to have disputes settled by a specially appointed independent conciliation body.
Amendment 53 Article 25
Service quality standards	deleted
1. Railway undertakings shall define service quality standards for international services and implement a quality management system to maintain the service quality. The service quality standards shall at least cover the items listed in Annex III.
2. Railway undertakings shall monitor their own performance as reflected in the service quality standards. Railway undertakings shall publish each year a report on their service quality performance together with their annual report. These results shall also be published on the internet website of the railway undertakings.
Justification
See Parliament’s position at first reading.
Amendment 54 Article 25 a (new)
	Article 25a   Redress The railway undertaking shall have the right to claim back from the infrastructure manager the compensation the railway undertaking has paid to the passengers. This liability of the infrastructure manager shall be without prejudice to the application of the performance scheme laid down in Article 11 of Directive 2001/14/EC of the European Parliament and of the Council. The compensation referred to in Chapter IV of this regulation shall be proportional to the price of the train path if no compensation system is provided for under the performance scheme.
Justification
The compensation for delays provided for in this regulation is expressed as percentages of the train fare. The train fare is not always proportionate to the payment which the infrastructure manager receives for the use of the train path. In seeking redress from the infrastructure manager, it is also desirable to take into account the income which the latter has received for the use of the train path.
Amendment 55 Chapter VII, title
ENFORCEMENT	INFORMATION AND ENFORCEMENT
Amendment 56 Article 25 b (new)
	Article 25b
	Information to passengers about their rights
	1. Railway undertakings, station managers and tour operators shall inform passengers of their rights and obligations pursuant to this Regulation. To this end, the Commission shall make a summary of this Regulation available to railway undertakings, station managers and tour operators in a language comprehensible to the passenger.
	2. Railway undertakings and station managers shall ensure that passengers are informed in an appropriate manner, at the station and on the train, of the contact details of the body designated by the Member States pursuant to Article 26.
Justification
See Parliament’s position at first reading. The Commission has produced posters about the rights of air passengers, and these are now displayed in airports. Your rapporteur considers that similar information should be displayed in stations and on platforms.
Passengers need to know to whom they can address their complaints. It is therefore important that information concerning the body responsible for dealing with complaints, and its contact details, are easy to find.
Amendment 57 Article 31, paragraph 2, subparagraph 1
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.	2. Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
Justification
Necessary to ensure the application of the regulatory procedure with scrutiny in comitology.
Amendment 58 Annexe I, Titre III
CARRIAGE OF HAND LUGGAGE, ANIMALS, REGISTERED LUGGAGE AND VEHICLES	CARRIAGE OF HAND LUGGAGE, ANIMALS, REGISTERED LUGGAGE AND VEHICLES SUCH AS BABY CARRIAGES, WHEELCHAIRS, BICYCLES AND SPORTS EQUIPMENT
Amendment 59 Annex I, Title III, Chapter I, Article 12, paragraph 1 a (new)
	1a. All trains, including cross-border and high-speed trains, should provide a specially designated area enabling passengers to bring on to the train baby carriages, wheelchairs, bicycles and sports equipment.
Amendment 60 Annexe I, Title IV, Article 26, paragraph 1 a (new)
	1a. 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.
Justification
This amendment reinstates Parliament’s position at first reading. In the light of the fragmentation of railway undertakings as a result of the European directives, and the growing number of actors in the rail sector (railway companies, infrastructure managers, external maintenance operators, etc.) it seems desirable and appropriate in the interest of consumer protection for the consumer to have only one interlocutor in law, namely the railway undertaking which conveys him or her. The railway undertaking is free to seek subsequent redress from third parties on the grounds of liability.
Amendment 61 Annex III
MINIMUM SERVICE QUALITY STANDARDS Information and tickets Punctuality of international services, and general principles to cope with disruptions of services Cancellations of international services Cleanliness of rolling stock and station facilities (air quality in carriages, hygiene of sanitary facilities, etc.) Customer satisfaction survey Complaint handling, refunds and compensation for non-compliance with quality Assistance provided to persons with reduced mobility.	deleted
Justification
See first reading.

• [1]  OJ C 227 E, 21.9.2006, p. 490.
• [2]  Not yet published in OJ.
• [3] ^*              One year after the adoption of this Regulation.

EXPLANATORY STATEMENT

The Commission proposal

On 3 March 2004 the Commission adopted a proposal on international rail passengers' rights and obligations. The matters regulated by this proposal included: among other things: information to passengers before, during and after the journey and the purchase of international rail tickets; liability in the event of the death or injury of a passenger, loss or damage to baggage, and delays; the right to compensation and assistance in such cases; assistance to persons with reduced mobility; treatment of complaints; quality requirements.

This proposal was one of the four sections of the “Third Railway Package”, a package of measures intended to bring us another step closer to a unified European railway market.

This proposal is not the first initiative taken to protect international rail passengers. Detailed pan-European agreements on passenger rail travel have existed since 1980 in an annex to the COTIF Convention. Forty-two countries, including all the EU Member States except Estonia, are parties to this Convention. The annex to COTIF (the 'CIV Appendix' sets out in detail a number of passenger rights and obligations.[1] The European rail undertakings themselves also signed a Charter in 2002 setting quality standards for passenger rail services. This agreement, however, is voluntary in nature and does not lead to any enforceable rights.

Your rapporteur’s position and that of the European Parliament at first reading

At first reading, your rapporteur supported the Commission's proposal that the rights and obligations of rail passengers should be regulated. However, your rapporteur considered the Commission was too restrictive as regards scope (international passengers only) and that it went too far and into too much detail on matters of substance.

Your rapporteur therefore tabled a number of amendments at first reading which sought to extend the scope of the regulation, to simplify the substance of a number of provisions, to make the structure more readable and the substance more workable.

On 28 September 2005 the European Parliament adopted your rapporteur’s opinion at first reading by a large majority.

Parliament decided that:

- the scope of the regulation should be extended to cover all rail passengers (national and international);

- account should be taken of existing international agreements: only where there are weaknesses in the CIV is it desirable to adopt additional provisions;

- the system for the sale and availability of tickets should be adapted to take account of the broader scope of the regulation, with specific obligations for journeys provided under public service contracts;

- the system of compensation for delays should be made more workable (compensation for delays of more than one hour rather than 30 minutes, payment within one month rather than 14 days, etc.);

- a compensation scheme should be provided for passengers with season tickets who encounter recurrent delays;

- compensation for loss of or damage to mobility equipment for persons with reduced mobility should be brought up to the replacement value;

- the system of rail undertakings’ liability in the event of death or injury of passengers should be brought into line with the provisions which apply in air transport. The Commission proposal in fact provided higher amounts for rail passengers than are currently provided for air travellers;

- the provisions on consequential damages should be deleted;

- the provisions on service quality standards should be deleted.

The Council’s common position of 3 July 2006

The Council has complied on a number of important points with the position adopted by Parliament at first reading

- The CIV Appendix has been adopted as an annex to the common position. In the regulation, reference is made to the relevant articles of this international agreement;

- The Council has made the proposal more realistic and workable in practice, e.g. as regards compensation for delays;

- There is no longer a financial limit on compensation for loss or damage to mobility equipment (wheelchairs, etc.) for persons with reduced mobility.

However, on one point – the scope of the regulation – the positions of the Council and Parliament still differ radically

The Council devotes a lengthy article (Article 2) to the scope of the regulation. The result is a scope which is very restrictive but at the same time highly complex. Depending on what problem a passenger encounters, or what situation he is in, he may or may not be covered by the regulation.

The Council lays down the principle that the regulation is to apply to “international travel” on national and international services. In practice this means that a passenger going from Tours to Brussels is protected by this regulation not only on the Thalys train from Paris to Brussels, but also on the train from Tours to Paris.

However, the provisions on delays, missed connections and cancellations apply only to international trains. Taking the above example, these rules do not apply for the Tours to Paris section of the journey.

On the other hand, the provisions on persons with reduced mobility also apply to “domestic journeys on international services”. In other words, a person with reduced mobility can rely on this regulation not only if he travels from Tours to Brussels, but also if – for example – he boards the Paris-Amsterdam Thalys at Brussels and leaves it at Antwerp.

To make things even more complicated, the Council also provides for a whole series of cases in which the Member States, which are in an extraordinary situation, may request a temporary exemption from the regulation, thus restricting its scope still further.

Your rapporteur’s position and proposals at second reading

1. Scope: This regulation should apply (in principle) to all rail passengers.

In your rapporteur’s opinion, there is no point in drawing up a regulation which applies only to the 5% of rail passengers who use international services and leaves ordinary rail passengers out in the cold.

This regulation should give European citizens confidence that, in the event of problems, there are certain mechanisms and minimum rights they can fall back on. This regulation is really about consumer rights. European citizens do not only make “international”, “cross-border” journeys. The internal market means that European citizens are able to travel, live and study freely in another Member State. Using the subsidiarity principle as an excuse for restricting the scope of the regulation is therefore pointless.

European legislation on air travel does not draw any distinction between national and international flights when it comes to the protection of passengers' rights and liability in the event of accidents. There is consequently no reason to use different criteria for rail passengers.

Moreover, there is no real need for this regulation if it is to be confined to the rights of international rail travellers: if that is so, we might just as well continue to use the existing international rules of COTIF.

Finally, the scope of the regulation as proposed by the Council is so complex as to be unworkable: it will please no-one but lawyers.

Your rapporteur proposes that the scope of the regulation should be extended to cover all rail services. However, he is aware that it will require great efforts from some Member States to bring their rail undertakings, stations and public services into line with all the provisions of the regulation. So Member States which are in an extraordinary position should indeed be permitted, on a temporary basis, not to apply some of the provisions of this regulation to their national railways. These provisions relate principally to compensation for delays.

In some Member States there are also public service contracts currently in force with rail undertakings which provide for the payment of fines to the authorities (not to the passenger) in the event of delays. It will be hard to alter this whole system overnight. Here, too, your rapporteur therefore proposes a temporary exemption. New contracts will, however, have to comply immediately with the provisions of this regulation.

2. Liability of rail undertakings for passengers and their baggage

The Council text refers in this connection mainly to the CIV. This is logical for the section on baggage, which is well regulated in this international agreement. The same is not true, however, for railway undertakings’ liability in the event of death or injury of passengers. The Council contents itself with requiring that rail undertakings should be 'adequately insured', and leaves it up to the Commission to produce a report setting the amount for minimum insurance. Your rapporteur prefers to make a proposal to this effect straight away, and reinstates the first-reading amendment on liability in the event of death or injury. The liability of rail undertakings in the event of death or injury is an essential part of this regulation, and no exceptions can be made to it.

3. Persons with reduced mobility

Your rapporteur alters the structure of Article 17 and 18, putting the right to travel first, and then the obligation to provide information. The Council text was rather confusing. It has to be made clear that persons with reduced mobility can only be denied access in accordance with non-discriminatory access rules determined in advance by rail undertakings and station managers.

The Council restricts the obligations of station managers in unstaffed stations. It also gives a very broad definition of “unstaffed”. Your rapporteur deletes this definition and clarifies the obligations of the station manager and the rail undertaking in an unstaffed station.

4. Information about this regulation

The adoption of this regulation is one thing. However, it is much more important for the passenger to know what his rights are. Your rapporteur therefore calls once again for support for the first-reading amendment to the effect that station managers and rail undertakings should be required to inform passengers of their rights.

• [1]  ‘Uniform Rules Concerning the Contract for International Carriage of Passengers and Luggage By Rail’. This CIV Appendix has now been included by the Council as Annex I to its common position.

PROCEDURE

Title	Council common position for adopting a regulation of the European Parliament and of the Council on international rail passengers' rights and obligations
References	5892/1/2006 - C6-0311/2006 - 2004/0049(COD)
Date of Parliament’s first reading – P number	28.9.2005	P6_TA(2005)0356
Commission proposal	COM(2004)0143 - C6-0003/2004
Amended Commission proposal
Date receipt of common position announced in plenary	28.9.2006
Committee responsible   Date announced in plenary	TRAN 28.9.2006
Rapporteur(s)   Date appointed	Dirk Sterckx 26.9.2006
Previous rapporteur(s)
Discussed in committee	10.10.2006		22.11.2006		18.12.2006
Date adopted	19.12.2006
Result of final vote	+: –: 0:	44 1 0
Members present for the final vote	Gabriele Albertini, Inés Ayala Sender, Etelka Barsi-Pataky, Paolo Costa, Michael Cramer, Arūnas Degutis, Luis de Grandes Pascual, Christine De Veyrac, Petr Duchoň, Saïd El Khadraoui, Emanuel Jardim Fernandes, Roland Gewalt, Mathieu Grosch, Ewa Hedkvist Petersen, Jeanine Hennis-Plasschaert, Stanisław Jałowiecki, Georg Jarzembowski, Dieter-Lebrecht Koch, Rodi Kratsa-Tsagaropoulou, Jörg Leichtfried, Bogusław Liberadzki, Eva Lichtenberger, Erik Meijer, Robert Navarro, Seán Ó Neachtain, Josu Ortuondo Larrea, Willi Piecyk, Reinhard Rack, Gilles Savary, Renate Sommer, Dirk Sterckx, Ulrich Stockmann, Gary Titley, Georgios Toussas, Armando Veneto, Marta Vincenzi, Corien Wortmann-Kool, Roberts Zīle
Substitute(s) present for the final vote	Zsolt László Becsey, Johannes Blokland, Zita Gurmai, Anne E. Jensen, Sepp Kusstatscher, Zita Pleštinská, Vladimír Remek,
Substitute(s) under Rule 178(2) present for the final vote
Date tabled	22.12.2006
Comments (available in one language only)	...