REPORT on the proposal for a regulation of the European Parliament and of the Council on the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws

6.4.2009 - (COM(2008)0817 – C6‑0469/2008 – 2008/0237(COD)) - ***I

Committee on Transport and Tourism
Rapporteur: Gabriele Albertini

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws

(COM(2008)0817 – C6‑0469/2008 – 2008/0237(COD))

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0817),

–   having regard to Article 251(2) and Article 71(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6‑0469/2008),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Transport (A6-0250/2009),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

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

Amendment  1 Proposal for a regulation – amending act Recital 2 a (new)
Text proposed by the Commission	Amendment
	(2a) Member States should have the possibility to exempt urban, suburban and regional transport from this Regulation if they ensure a comparable level of passenger rights through alternative regulatory measures. These measures should take into account passenger charters for multimodal public transport networks, which cover the issues set out in Article 1 of this Regulation. The Commission should examine the possibility of establishing a set of common passenger rights for urban, suburban and regional transport, which cover all modes of transport and submit a report to Parliament, accompanied, if appropriate, by a legislative proposal.
Justification
Passenger charters on local transport comprise all the different transport modes in multimodal public transport networks. Urban, suburban and regional bus services are very often part of these networks. The European Commission should treat bus, domestic rail (the so called "light rail": metro, tram, etc.) and other local modes of transport as a whole (one single ticket for all modes, common space used, etc.)
Amendment  2 Proposal for a regulation – amending act Recital 2 b (new)
Text proposed by the Commission	Amendment
	(2b) Member States should encourage the development of passenger charters for urban, suburban and regional bus and/or coach services which set out commitments by bus and/or coach undertakings to increase the quality of their service and better meet the needs of their passengers.
Justification
The development of voluntary commitments and passenger charters (statements of intent) by bus and coach undertakings, taking into account the specific characteristics of urban, suburban and regional services in the localities in which they operate, should be encouraged.
Amendment  3 Proposal for a regulation – amending act Recital 2 c (new)
Text proposed by the Commission	Amendment
	(2c) EU measures to improve passengers' rights in the bus and coach transport sector should take account of the specific characteristics of this sector, which consists largely of small- and medium-sized undertakings.
Justification
The European bus and coach sector is dominated by small- and medium-sized private undertakings. The personal and financial commitment involved is high and such undertakings are under constant pressure to produce results, since the owner's good name is at stake - after all, he or she is readily identifiable and must take personal responsibility for wrong decisions. Medium-sized undertakings generally operate close to the final consumer. They are in daily, direct contact with their clients and have close links with local communities. Decisions are taken quickly.
Amendment  4 Proposal for a regulation – amending act Recital 4 a (new)
Text proposed by the Commission	Amendment
	(4a) Passengers who have suffered damage as a result of an accident covered by an insurance guarantee should, in the first instance, submit their claims for damages to the bus and/or coach undertaking as referred to in this Regulation and may apply to the insurance company only if that undertaking fails to take action in the matter.
Justification
This recital seeks to prevent duplication of claims for damages, since claims can in some cases be sent to both the transport undertaking and its insurance company at the same time.
Amendment  5 Proposal for a regulation – amending act Recital 7 a (new)
Text proposed by the Commission	Amendment
	(7a) There is a need for bus and coach operators to provide specific training to their personnel enabling them to properly assist disabled persons and persons with reduced mobility. Such training should be provided within the framework of Directive 2003/59/EC on the qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers. Member States should - to the extent possible - support the bus and coach undertakings in the setting up and execution of appropriate training programmes.
Justification
In relation to training, it is appropriate to include a reference to Directive 2003/59/EC. Furthermore, it is important that Member States assist the bus and coach industry in setting up appropriate training programmes.
Amendment  6 Proposal for a regulation – amending act Recital 8
Text proposed by the Commission	Amendment
(8) In deciding on the design of new terminals, and as part of major refurbishments, managing bodies should, where possible, take into account the needs of disabled persons and persons with reduced mobility. In any case, managing bodies of bus and coach terminals should designate points where such persons can notify their arrival and need for assistance.	(8) In deciding on the design of new terminals, and as part of major refurbishments, managing bodies should, without exception, take into account the needs of disabled persons and persons with reduced mobility. In any case, managing bodies of bus and coach terminals should designate points where such persons can notify their arrival and need for assistance.
Justification
In order to guarantee equal rights and non-discrimination of persons with disabilities, it is essential that all new terminals and all major refurbishments respect design-for-all principles. This is in accordance with provisions laid down in the UN Convention of the Rights of Persons with Disabilities, which the European Community has signed.
Amendment  7 Proposal for a regulation – amending act Recital 8 a (new)
Text proposed by the Commission	Amendment
	(8a) Similarly, bus and/or coach undertakings should take such needs into account when deciding on the design of new and newly refurbished vehicles.
Amendment  8 Proposal for a regulation – amending act Recital 8 b (new)
Text proposed by the Commission	Amendment
	(8b) Member States should improve existing infrastructure, where this is necessary to enable bus and coach undertakings to ensure access for disabled persons and persons with reduced mobility as well as to provide appropriate assistance.
Justification
There is still a lack of appropriate infrastructure for disabled persons and persons with reduced mobility both at terminals and at stops along the service routes.
Amendment  9 Proposal for a regulation – amending act Recital 8 c (new)
Text proposed by the Commission	Amendment
	(8c) EU measures to improve barrier-free mobility should promote, as a matter of priority, barrier-free access to bus and coach terminals and stops.
Justification
The European Union's COST 349 project identified a lack of facilities for the disabled in bus and coach terminals and at rest areas and stops. Until such time as barrier-free facilities suitable for use by the disabled are provided across the board, barrier-free access to buses is pointless.
Amendment  10 Proposal for a regulation – amending act Recital 8 d (new)
Text proposed by the Commission	Amendment
	(8d) According to the conclusions of the COST 349 project, the Commission should propose action for accessible infrastructure, interoperable throughout the EU, at bus and coach terminals and stops.
Amendment  11 Proposal for a regulation – amending act Article 1 – point 3
Text proposed by the Commission	Amendment
(3) non-discrimination and mandatory assistance for disabled persons and persons with reduced mobility travelling by bus or coach;	(3) barrier-free access, non-discrimination and mandatory assistance for disabled persons and persons with reduced mobility travelling by bus or coach;
Amendment  12 Proposal for a regulation – amending act Article 2 – paragraph 2
Text proposed by the Commission	Amendment
2. Member States may exempt urban, suburban and regional transport covered by public service contracts, if such contracts ensure a comparable level of passenger rights to that required in this Regulation.	2. Member States may exempt urban, suburban and regional transport from the provisions of this Regulation if they ensure that its objectives are met through alternative regulatory measures, taking into account the objective specific characteristics of urban suburban and regional transport, while providing for a comparable level of passenger rights to that required by this Regulation.
Justification
Urban, suburban and regional transport are very specific (no advance reservations, use of daily, weekly, monthly and yearly travel passes, many stops, different type of luggage). Therefore, Member States must have the possibility to exempt them from the specific requirements of this Regulation if they take alternative measures providing for a similar level of passenger rights.
Amendment  13 Proposal for a regulation – amending act Article 3 – paragraph 4
Text proposed by the Commission	Amendment
(4) 'transport contract' means a contract of carriage between a bus and/or coach undertaking or its authorised ticket vendor and a passenger for the provision of one or more transport services;	(4) 'transport contract' means a contract of carriage between a bus and/or coach undertaking and a passenger for the provision of one or more transport services, irrespective of whether the ticket was purchased from a carrier, tour operator or ticket vendor;
Justification
Ticket vendors and retailers do not conclude a contract of carriage, nor do they sell them on their own account. They merely arrange a contract of carriage between the customer and the organiser/transport undertaking.
Amendment  14 Proposal for a regulation – amending act Article 3 – paragraph 6
Text proposed by the Commission	Amendment
(6) 'ticket vendor' means any retailer of bus and coach transport services concluding transport contracts and selling tickets on behalf of a bus and/or coach undertaking or for its own account;	(6) 'ticket vendor' means any intermediary selling bus or coach transport services on behalf of a bus and/or coach undertaking or a tour operator, including those sold as part of a package;
Justification
Ticket vendors and retailers do not conclude a contract of carriage, nor do they sell them on their own account. They merely arrange a contract of carriage between the customer and the organizer/transport undertaking.
Amendment  15 Proposal for a regulation – amending act Article 3 – paragraph 7
Text proposed by the Commission	Amendment
(7) 'tour operator' means an organiser or retailer within the meaning of Article 2(2) and (3) of Directive 90/314/EEC;	(7) 'tour operator' means an organiser within the meaning of Article 2(2) of Directive 90/314/EEC;
Justification
Organisers and retailers are two separate entities. Tour operators are referred to as organisers, who sell packages in their own name to customers, either directly or through a retailer. On the other hand, a retailer is an intermediary, i.e. he merely arranges a contract, which is concluded between the organiser and the customer, but he is not party to that contract.
Amendment  16 Proposal for a regulation – amending act Article 3 – point 11
Text proposed by the Commission	Amendment
(11) 'cancellation' means the non-operation of a service which was previously scheduled and for which at least one reservation was made;	(11) 'cancellation' means the non-operation of a specific service which was previously scheduled and for which at least one actual reservation was made;
Justification
The clarification of the definition is necessary in order to prevent abuse of the rule by passengers with daily, monthly or annual tickets.
Amendment  17 Proposal for a regulation – amending act Article 3 – point 12 a (new)
Text proposed by the Commission	Amendment
	(12a) ‘accessible formats’ means that passengers can access the same information using, for example, text, Braille, audio, video and/or electronic formats.
Justification
It is important to clarify the definition of 'accessible formats', as this terminology will be used throughout the text
Amendment  18 Proposal for a regulation – amending act Article 6 – paragraph 1
Text proposed by the Commission	Amendment
1. In accordance with this Chapter, bus and/or coach undertakings shall be liable for the loss or damage resulting from the death of, personal injury or mental harm to, passengers, caused by accidents arising out of the operation of bus and coach transport services and occurring while the passenger is in, entering or leaving the vehicle.	1. In accordance with this Chapter, bus and/or coach undertakings shall be liable for the loss or damage resulting from the death of, or personal injury to, passengers, caused by accidents arising out of the operation of bus and coach transport services and occurring while the passenger is in, entering or leaving the vehicle.
Amendment  19 Proposal for a regulation – amending act Article 6 – paragraph 2
Text proposed by the Commission	Amendment
2. The liability of bus and/or coach undertakings for damages shall not be subject to any financial limit, be it defined by law, convention or contract	2. The tortious liability of bus and/or coach undertakings for damages shall not be subject to any financial limit, be it defined by law, convention or contract
Justification
The purpose of the amendments is to avoid misunderstandings and to clarify that not strict liability ("force majeure") but tortious liability shall be unlimited.
Amendment  20 Proposal for a regulation – amending act Article 6 – paragraph 3
Text proposed by the Commission	Amendment
3. For any damage up to the amount of EUR 220 000, a bus and/or coach undertaking shall not exclude or limit its liability by proving that it has taken the care required pursuant to paragraph 4a.	3. Without prejudice to national liability schemes more favourable for passengers, for any damage up to the amount of EUR 220 000, a bus and/or coach undertaking shall not exclude or limit its liability by proving that it has taken the care required pursuant to paragraph 4a and in accordance with Article 2 of Directive 2005/14/EC relating to insurance against civil liability in respect of the use of motor vehicles.
Justification
It is necessary to introduce an overall limit for strict liability per accident, which is set at EUR 5 million according to Directive 2005/14/EC.
The Regulation must not worse the conditions for passengers in any Member State.
Amendment  21 Proposal for a regulation – amending act Article 6 – paragraph 4 – point a
Text proposed by the Commission	Amendment
(a) if the accident has been caused by circumstances not connected with the operation of bus and coach transport services and which the bus and/or coach undertaking could not have avoided, in spite of having taken the care required in the particular circumstances of the case, and the consequences of which it was unable to prevent;	(a) if the accident has been caused by circumstances not connected with the operation of bus and coach transport services or which the carrier could not have avoided, in spite of having taken the care required in the particular circumstances of the case, or the consequences of which it was unable to prevent;
Justification
The current wording gives an almost insuperable hurdle.
The bus and/or coach undertaking cannot be held liable across the board for circumstances outside its control and area of responsibility. Provision should therefore be made for exoneration from liability if a third party is at fault.
Amendment  22 Proposal for a regulation – amending act Article 8 – paragraph 1
Text proposed by the Commission	Amendment
1. In the event of the death of, personal injury to, or any other physical or mental harm to, passengers, caused by an accident arising out of the operation of bus and coach transport services, the bus and/or coach undertaking shall without delay, and in any event not later than fifteen days after 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. In the event of the death of, or any personal injury to, passengers, caused by an accident arising out of the operation of bus and coach transport services, and where the passenger is not covered by any other travel insurance policy, the bus and/or coach undertaking shall without delay, and in any event within fifteen days of 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, provided that there is prima facie evidence of causality attributable to the transport undertaking..
Justification
First payments in the event of accidents are already covered at national level by travel insurance policies.
It would be unfair for the transport undertaking automatically to be obliged to take immediate remedial action before it is establish exactly where the responsibility lies, unless there is evidence of its direct responsibility.
Amendment  23 Proposal for a regulation – amending act Article 8 – paragraph 3
Text proposed by the Commission	Amendment
3. An advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of this Regulation but it shall not be returnable, except in cases where the damage was caused by the negligence or fault of the passenger or where the person who received the advance payment was not the person entitled to compensation	3. An advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of this Regulation but it shall not be returnable, except in cases where the damage was caused by the negligence or fault of the passenger, where the person who received the advance payment was not the person entitled to compensation, or where the actual damages incurred were below the amount of the advance payment.
Amendment  24 Proposal for a regulation – amending act Article 9 – paragraph 3
Text proposed by the Commission	Amendment
3. If a bus and/or coach undertaking proves that the damage was caused or contributed to by fault or negligence of the passenger, the bus and/or coach undertaking shall be wholly or partly exonerated from its liability towards the claimant to the extent that such fault or negligence caused or contributed to the damage.	3. A bus and/or coach undertaking shall not be held liable for loss or damage pursuant to paragraphs 1 and 2:
	(a) if the loss or damage has been caused by circumstances not connected with the operation of bus and coach transport services and which the bus and/or coach undertaking could not have avoided, in spite of having taken the care required in the particular circumstances of the case, and the consequences of which it was unable to prevent;
	(b) to the extent that the loss or damage is the fault of the passenger or caused by his negligence.
Justification
Bus and/or coach undertakings cannot be held liable across the board for circumstances which are not within their sphere of responsibility and outside their control. Provision should therefore be made for exoneration from liability on grounds of force majeure.
Amendment  25 Proposal for a regulation – amending act Article 11 – paragraph 1 – point a
Text proposed by the Commission	Amendment
(a) in order to meet applicable safety requirements established by international, Community or national law, or in order to meet safety requirements established by the authority that issued the authorisation to the bus and/or coach undertaking concerned,	deleted
Justification
There is no existing legislation requiring a bus operator to restrict the carriage of disabled persons due to safety concerns. It would therefore be dangerous to open up for the adoption of such legislation, as this would open up for new discrimination and go against the purpose of this Regulation.
Amendment  26 Proposal for a regulation – amending act Article 11 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) where the size of vehicle makes the embarkation or carriage of the disabled person or person with reduced mobility physically impossible.	(b) where the design of thevehicle makes the embarkation or carriage of the disabled person or person with reduced mobility physically or actually impossible.
Justification
Many bus and coach terminals and, above all, bus and coach stops have still not been redesigned to make them suitable for disabled passengers. What is more, unlike in the air or rail transport sector the crew of a bus or coach generally consists only of the driver, who for obvious safety reasons, cannot provide assistance during the journey. European bus and coach operators, most of which are small- and medium-sized undertakings, simply cannot afford to employ a second driver or an attendant.
Amendment  27 Proposal for a regulation – amending act Article 11 – paragraph 1 – point b a (new) and subparagraph 2
Text proposed by the Commission	Amendment
	(ba) if the vehicle or the infrastructure at the place of departure or arrival or on the route is not fitted out in such a way as to guarantee the safe transport of disabled persons and persons with reduced mobility.
In the event of refusal to accept a reservation on the grounds referred to under points (a) or (b) of the first subparagraph, carriers, ticket vendors or tour operators shall make reasonable efforts to propose an acceptable alternative to the person in question.	In the event of refusal to accept a reservation on the grounds referred to under points (b) or (ba) of the first subparagraph, carriers, ticket vendors or tour operators shall make reasonable efforts to propose an acceptable alternative to the person in question.
Justification
Many bus and coach terminals and, above all, bus and coach stops have still not been redesigned to make them suitable for disabled passengers. What is more, unlike in the air or rail transport sector the crew of a bus or coach generally consists only of the driver, who for obvious safety reasons, cannot provide assistance during the journey. European bus and coach operators, most of which are small- and medium-sized undertakings, simply cannot afford to employ a second driver or an attendant.
Amendment  28 Proposal for a regulation – amending act Article 11 – paragraph 2
Text proposed by the Commission	Amendment
2. A disabled person or a person with reduced mobility who has been denied embarkation on the grounds of his disability or reduced mobility shall be offered the right to reimbursement and reasonable alternative transport services to the place of destination in a comparable time frame.	2. A disabled person or a person with reduced mobility who has been denied embarkation on the grounds of his disability or reduced mobility shall be offered the right to reimbursement or reasonable alternative transport services to the place of destination in a comparable time frame.
Justification
There appears to be a mistake in the wording of the Commission proposal. The right to reimbursement should not be granted if alternative transport has been provided. The amendment aligns the wording with the proposal on passenger rights in maritime transport.
Amendment  29 Proposal for a regulation – amending act Article 11 – paragraph 3
Text proposed by the Commission	Amendment
3. Under the same conditions as referred to in paragraph 1(a), a bus and/or coach undertaking, a ticket vendor or a tour operator may require that disabled persons or persons with reduced mobility be accompanied by another person who is capable of providing the assistance required by that person, if this is strictly necessary.	3. A bus and/or coach undertaking, a ticket vendor or a tour operator may require that disabled persons or persons with reduced mobility be accompanied by another person who is capable of providing the assistance required by that person, if this is strictly necessary, if
	(a) the conditions referred to in paragraph 1(b) or (ba) apply, or
	(b) the crew of the vehicle concerned consists only of one person who drives the vehicle and who is not in a position to provide the disabled person or the person with reduced mobility with the assistance as specified in Annex I.
Justification
Unlike in the air or rail transport sector, the crew of a bus or coach normally consists only of the driver, who, for obvious reasons, cannot offer assistance during the journey. The small- and medium-sized undertakings which dominate the European bus and coach transport sector cannot afford to employ a second driver or an attendant.
Amendment  30 Proposal for a regulation – amending act Article 11 – paragraph 4
Text proposed by the Commission	Amendment
4. When a bus and/or coach undertaking or a ticket vendor or a tour operator exercise the derogation provided for in paragraph 1, it shall immediately inform the disabled person or person with reduced mobility of the reasons, or upon request inform them in writing within five working days of the refusal to make a reservation.	4. When a bus and/or coach undertaking or a ticket vendor or a tour operator exercise the derogation provided for in paragraph 1, it shall immediately inform the disabled person or person with reduced mobility of the reasons, or upon request inform them in writing within five working days of the request.
Justification
The amendment aligns the wording to the Regulation concerning the rights of PRM when travelling by air (Regulation 1107/2006/EC) and the proposal for a Regulation concerning the right of passengers in maritime transport.
Amendment  31 Proposal for a regulation – amending act Article 12 – paragraph 1
Text proposed by the Commission	Amendment
1. Bus and/or coach undertakings shall establish, with the active involvement of representatives of organisations of disabled persons and persons with reduced mobility and enforcement bodies referred to in Article 27, non-discriminatory access rules that apply to the transport of disabled persons and persons with reduced mobility, in order to meet applicable safety requirements. These rules shall contain all access conditions of the bus and coach service in question, including accessibility of the vehicles operated and their facilities on board.	1. Bus and/or coach undertakings shall establish, in co-operation with representative organisations of disabled persons and persons with reduced mobility and enforcement bodies referred to in Article 27, non-discriminatory access rules that apply to the transport of disabled persons and persons with reduced mobility and accompanying persons, in order to meet applicable safety requirements. These rules shall contain all access conditions of the bus and coach service in question, including accessibility of the vehicles operated and their facilities on board, and of the fitted assistive equipment.
Justification
The rules should be established in co-operation with representative organisations.
Amendment  32 Proposal for a regulation – amending act Article 12 – paragraph 2
Text proposed by the Commission	Amendment
2. The rules provided for in paragraph 1 shall be made publicly available by bus and/or coach undertakings or ticket vendors at least at the time a reservation is made, in appropriate ways, 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 people with disabilities and persons with reduced mobility.	2. The rules provided for in paragraph 1 shall be made publicly available by bus and/or coach undertakings or ticket vendors at least at the time a reservation is made, 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 people with disabilities and persons with reduced mobility.
Justification
It is important that the information is provided in accessible formats. This terminology should be used throughout the text.
Amendment  33 Proposal for a regulation – amending act Article 12 – paragraph 3
Text proposed by the Commission	Amendment
3. Upon request bus and coach undertakings shall make available the international, Community or national law establishing the safety requirements, on which non-discriminatory access rules are based.	3. Upon request bus and coach undertakings shall immediately make available the international, Community or national law establishing the safety requirements, on which non-discriminatory access rules are based. These must be provided in accessible formats.
Justification
It is important to ensure that these rules can be provided in accessible formats for passengers with disabilities and/or reduced mobility; and that they can be provided immediately if and when requested.
Amendment  34 Proposal for a regulation – amending act Article 12 – paragraph 5
Text proposed by the Commission	Amendment
5. Bus and/or coach undertakings, their ticket vendors or tour operators shall ensure that all relevant information concerning the conditions of carriage, journey information and information on accessibility of services is available in appropriate and accessible formats for disabled persons and persons with reduced mobility including online booking and information.	5. Bus and/or coach undertakings, their ticket vendors or tour operators shall ensure that all relevant information concerning the conditions of carriage, journey information and information on accessibility of services, including online booking and information, is available in accessible formats for disabled persons and persons with reduced mobility extending to persons incapable of travelling without assistance because of their elderly or young age and accompanying persons,.
Justification
In order to ensure clarity and coherence, the same terminology for accessible formats should be used throughout the regulation.
Amendment  35 Proposal for a regulation – amending act Article 13 – paragraph 1
Text proposed by the Commission	Amendment
1. Terminal managing bodies and bus and/or coach undertakings shall ensure appropriate assistance to a disabled person or a person with reduced mobility as specified in Annex I free of charge before, during and after the journey.	1. Terminal managing bodies and bus and/or coach undertakings shall ensure appropriate assistance to a disabled person or a person with reduced mobility as specified in Annex I free of charge before, after and where possible during the journey. The assistance shall be adapted to the individual needs of the person with a disability or reduced mobility.
Justification
It is crucial for the dignity and independence of each passenger to only receive assistance that corresponds to his or her particular needs. The passenger should be the one to decide what assistance he or she needs.
Amendment  36 Proposal for a regulation – amending act Article 14 – paragraph 1
Text proposed by the Commission	Amendment
1. Not later than six months after the entry into force of this Regulation, Member States shall designate bus and coach terminals where assistance for disabled persons and persons with reduced mobility should be provided, taking into consideration a need to ensure the accessibility of services in most geographical locations. Member States shall inform the Commission thereof.	1. Not later than six months after the entry into force of this Regulation, Member States shall designate bus and coach terminals where assistance for disabled persons and persons with reduced mobility should be provided, taking into consideration a need to ensure the accessibility of services in most geographical locations. Member States shall inform the Commission thereof. The Commission shall make available a list of the designated bus and coach terminals on the Internet.
Justification
Easily accessible centralised information on terminals for operators is a necessary precondition for a successful implementation of the future rules.
Amendment  37 Proposal for a regulation – amending act Article 14 – paragraph 2 a (new)
Text proposed by the Commission	Amendment
	2a. Where use of a recognised assistance dog is required, this shall be granted provided that the bus and/or coach undertaking, ticket vendor or tour operator were notified in accordance with applicable national rules covering the carriage of assistance dogs.
Justification
This amendment makes this draft report more comparable to that legislating on passenger rights when travelling by air.
Amendment  38 Proposal for a regulation – amending act Article 15
Text proposed by the Commission	Amendment
Bus and/or coach undertakings shall provide at least the assistance specified in part (b) of Annex I free of charge to disabled persons and persons with reduced mobility on board the coach or bus and during boarding and disembarking from the coach or bus, provided that the person concerned fulfils the conditions set out in Article 16.	Bus and/or coach undertakings shall provide at least the assistance specified in part (b) of Annex I free of charge to disabled persons and persons with reduced mobility during boarding and disembarking from the coach or bus provided that the person concerned fulfils the conditions set out in Article 16.
Justification
Contrary to rail and air transport, bus and coach crew are most of the time composed of a single driver who cannot provide assistance on board while driving, without compromising the safety of passengers. Therefore it should be made clear that the assistance obligation relates to the boarding and disembarking, in line with the specifications contained in Annex I (b).
Amendment  39 Proposal for a regulation – amending act Article 16 – paragraph 1
Text proposed by the Commission	Amendment
1. Bus and/or coach undertakings, terminal managing bodies, ticket vendors and tour operators shall cooperate in order to provide assistance to disabled persons and persons with reduced mobility on condition that the person's need for such assistance is notified to the bus and/or coach undertaking, terminal managing body, ticket vendor or tour operator at least 48 hours before the assistance is needed.	1. Bus and/or coach undertakings, terminal managing bodies, ticket vendors and tour operators shall cooperate in order to provide assistance to disabled persons and persons with reduced mobility on condition that the person's need for such assistance is notified to the bus and/or coach undertaking, terminal managing body, ticket vendor or tour operator at least 24 hours before the assistance is needed, unless a shorter notification period is proposed by the assistance provider, or agreed between the assistance provider and the passenger.
Justification
When a person is regularly using the same service, or is using an urban bus service for example, it might not be reasonable to expect that the person notifies his or her assistance needs each and every time. Some flexibility in the notification system must be permitted. It would also be unreasonable to require the transporters to put in place a notification system unless this is of any real value for them.
Amendment  40 Proposal for a regulation – amending act Article 16 – paragraph 2
Text proposed by the Commission	Amendment
2. Bus and/or coach undertakings, ticket vendors and tour operators shall take all measures necessary to facilitate the receipt of notifications of the need for assistance made by disabled persons or persons with reduced mobility. This obligation shall apply at all their points of sale including sale by telephone and via the Internet.	2. Bus and/or coach undertakings, ticket vendors and tour operators shall take all measures necessary to facilitate the receipt of notifications of the need for assistance made by disabled persons or persons with reduced mobility. The passenger shall receive a confirmation, stating that the assistance needs have been notified. These obligations shall apply at all their points of sale including sale by telephone and via the Internet.
Justification
It is important for the passenger to be able to show that he or she actually did notify his or her assistance needs, in case there would have been a communication breakdown between the bus and/or coach undertaking/ticket vendors/tour operators etc.
Amendment  41 Proposal for a regulation – amending act Article 16 – paragraph 4 – indent 2
Text proposed by the Commission	Amendment
– if no time is stipulated, not later than 30 minutes before the published departure time.	– if no time is stipulated, not later than 30 minutes before the published departure time, unless otherwise proposed by the assistance provider or otherwise agreed between the passenger and the assistance provider.
Justification
In some cases, when using urban buses for example, it might be more convenient for the assistance provider as well as for the passenger with a disability or reduced mobility, to meet directly when, for example, the bus is stopping at a bus stop.
Amendment  42 Proposal for a regulation – amending act Article 16 – paragraph 6
Text proposed by the Commission	Amendment
6. The points referred to in paragraph 5 shall be clearly signed and shall offer basic information about the terminal and assistance provided, in accessible formats.	6. The designated points referred to in paragraph 5 shall be clearly signposted, accessible and recognisable to disabled persons and persons with reduced mobility and shall offer the necessary information about the terminal and assistance provided, in accessible formats.
Justification
It must be ensured that these designated points and the information they provide are totally recognisable and accessible to disabled persons and persons with reduced mobility.
Amendment  43 Proposal for a regulation – amending act Article 17 – paragraph 1
Text proposed by the Commission	Amendment
1. Where provision of the assistance has been subcontracted, and a bus and/or coach undertaking or the ticket vendor or the tour operator receives a notification of the need for assistance at least 48 hours before the published departure time for the journey, it shall transmit the relevant information to the sub-contractor at least 36 hours before the published departure time for the journey.	1. Where provision of the assistance has been subcontracted, and a bus and/or coach undertaking or the ticket vendor or the tour operator receives a notification of the need for assistance at least 48 hours before the published departure time for the journey, it shall transmit the relevant information so that the subcontractor receives the notification at least 36 hours before the published departure time for the journey.
Justification
Tour operators and ticket vendors usually don’t have the contact details of the subcontractor and therefore the transmission of the information is difficult. Therefore, the information should always pass through the entity, which has the contact details of the subcontractor.
Amendment  44 Proposal for a regulation – amending act Article 17 – paragraph 2
Text proposed by the Commission	Amendment
2. Where provision of the assistance has been subcontracted, and a bus and/or coach undertaking or a ticket vendor or a tour operator does not receive a notification of the need for assistance at least 48 hours before the published departure time for the journey, the carrier or ticket vendor or tour operator shall transmit the information to the sub-contractor as soon as possible.	2. Where provision of the assistance has been subcontracted, and a bus and/or coach undertaking or a ticket vendor or a tour operator does not receive a notification of the need for assistance at least 48 hours before the published departure time for the journey, the carrier or ticket vendor or tour operator shall transmit the information so that the subcontractor receives the notification as soon as possible.
Justification
Tour operators and ticket vendors usually don’t have the contact details of the subcontractor and therefore the transmission of the information is difficult. Therefore, the information should always pass through the entity, which has the contact details of the subcontractor.
Amendment  45 Proposal for a regulation – amending act Article 18 – introductory sentence
Text proposed by the Commission	Amendment
Bus and/or coach undertakings shall:	Bus and/or coach undertakings and terminal managing bodies shall:
Justification
The training obligations proposed in this article should also apply to terminal managing bodies, to ensure that disabled persons and persons with reduced mobility can be provided with the most appropriate assistance.
Amendment  46 Proposal for a regulation – amending act Article 19 – paragraph 1 – subparagraph 2
Text proposed by the Commission	Amendment
Where necessary every effort shall be undertaken to rapidly provide replacement equipment.	Where necessary every effort shall be undertaken to rapidly provide replacement equipment with similar technical and functional features to that lost or damaged.
Amendment  47 Proposal for a regulation – amending act Article 19 – paragraph 1 a (new)
Text proposed by the Commission	Amendment
	1a. A bus and/or coach undertaking shall not be liable pursuant to paragraph 1:
	(a) if the loss or damage has been caused by circumstances not connected with the operation of bus and coach transport services and which the bus and/or coach undertaking could not have avoided, in spite of having taken the care required in the particular circumstances of the case, and the consequences of which it was unable to prevent;
	(b) to the extent that the loss or damage is the fault of the passenger or was caused by the passenger's negligence.
Justification
A bus or coach undertaking cannot be held liable for circumstances outside its area of responsibility and control. By analogy with the liability rules relating to personal injury, the requirement to pay compensation should also be dispensed with in this case if the loss or damage is the result of force majeure. Likewise, if the person who suffered the loss or damage is partly responsible the requirement to pay compensation should be reduced accordingly.
Amendment  48 Proposal for a regulation – amending act Article 19 – paragraph 2
Text proposed by the Commission	Amendment
2. There shall be no limit to the amount of compensation payable pursuant to this Article.	2. The amount of compensation payable pursuant to this Article shall be equivalent to the actual loss suffered.
Justification
The bus and coach sector is ready to pay for the loss effectively suffered.
Amendment  49 Proposal for a regulation – amending act Article 20 – introductory part
Text proposed by the Commission	Amendment
Bus and/or coach undertakings shall be liable for cancellations and, where the scheduled duration of a trip exceeds three hours, for delays at departure of more than two hours. In such events the passengers concerned shall at least:	Bus and/or coach undertakings shall be liable for cancellations, overbookings and for delays at departure of more than two hours. Bus and/or coach undertakings shall be liable only for cancellations and delays resulting from circumstances within their control. That liability shall not cover delays as a result of traffic congestion and border and/or vehicle checks. In all cases where undertakings are liable the passengers concerned shall at least:
Justification
The three-hour long journey time limitation to the delay provisions is unreasonable as this way a vast number of bus and coach services would be exempted from having to bear the consequences of delays. Cases of overbooking shall also be covered to align liability rights of passengers with other modes of transport.
In contrast to the situation in the rail or air transport sectors, bus and coach undertakings do not have a network of their own and are not given preferential treatment when providing international cross-border transport services.
Amendment  50 Proposal for a regulation – amending act Article 20 – point a
Text proposed by the Commission	Amendment
(a) be offered alternative transport services under reasonable conditions or, if that is impractical, be informed of adequate alternative transport services of other transport operators;	(a) be offered alternative transport services at no extra cost and under reasonable conditions or, if that is impractical, be informed of adequate alternative transport services of other transport operators
Justification
Alternative services in the event of cancellation and long delays should be offered for free.
Amendment  51 Proposal for a regulation – amending act Article 20 – point c
Text proposed by the Commission	Amendment
(c) have the right to compensation amounting to 100 % of the ticket price if the bus and/or coach undertaking fails to provide alternative services or information as referred to in point (a). The compensation shall be paid within one month after the submission of the request for compensation.	(c) in addition to the reimbursement referred to in point (b), have the right to compensation amounting to 50% of the ticket price if the bus and/or coach undertaking fails to provide alternative services or information as referred to in point (a). The compensation shall be paid within one month after the submission of the request for compensation.
Justification
It must be clarified that the compensation is paid in addition to reimbursement. Otherwise the provision could be misunderstood as meaning that in the event of a delay or cancellation, the passenger would not be reimbursed at all if the bus undertaking merely provides information on alternative transport services. Compensation (in addition to full reimbursement) should not be more than 50% of the ticket price.
Amendment  52 Proposal for a regulation – amending act Article 20 – point c a (new)
Text proposed by the Commission	Amendment
	(ca) where they choose to accept the alternative transport services offered, have the right to compensation amounting to 50% of the ticket price without losing their right to transport. The ticket price shall be the full cost paid by the passenger for the delayed part of the journey. The compensation shall be paid within one month after the submission of the request for compensation.
Justification
In case a passenger would choose to continue his/her trip using the alternative means of transport organised at the earliest convenience by the bus and/or coach undertaking, then (s)he should be entitled in any case to a compensation.
Amendment  53 Proposal for a regulation – amending act Article 20 – point c b (new)
Text proposed by the Commission	Amendment
	(cb) be offered meals and refreshments in line with the waiting time if they can be reasonably provided;
Justification
Additional assistance (so-called ‘in-kind assistance’) should be provided to the passengers in case of prolonged delay and if physically possible. In-kind assistance includes meals, refreshments and even hotel or other accommodation in case waiting for continuation of the journey may require an overnight stay, as foreseen in passenger rights legislation applicable to other transport modes. Should a vehicle become inoperational, passengers are entitled to be transported to a suitable waiting point and/or terminal, from where the continuation of the journey is feasible.
Amendment  54 Proposal for a regulation – amending act Article 20 – point c d (new)
Text proposed by the Commission	Amendment
	(cd) be offered hotel or other accommodation and transport between the terminal and the place of accommodation in case an overnight stay becomes necessary before the trip can be continued;
Justification
Additional assistance (so-called ‘in-kind assistance’) should be provided to the passengers in case of prolonged delay and if physically possible. In-kind assistance includes meals, refreshments and even hotel or other accommodation in case waiting for continuation of the journey may require an overnight stay, as foreseen in passenger rights legislation applicable to other transport modes. Should a vehicle become inoperational, passengers are entitled to be transported to a suitable waiting point and/or terminal, from where the continuation of the journey is feasible.
Amendment  55 Proposal for a regulation – amending act Article 20 – point c e (new)
Text proposed by the Commission	Amendment
	(ce) where the bus and/or coach becomes inoperable, be offered transport from the location of the inoperational vehicle to a suitable waiting point and/or terminal from where continuation of the journey becomes possible.
Justification
Additional assistance (so-called ‘in-kind assistance’) should be provided to the passengers in case of prolonged delay and if physically possible. In-kind assistance includes meals, refreshments and even hotel or other accommodation in case waiting for continuation of the journey may require an overnight stay, as foreseen in passenger rights legislation applicable to other transport modes. Should a vehicle become inoperational, passengers are entitled to be transported to a suitable waiting point and/or terminal, from where the continuation of the journey is feasible.
Amendment  56 Proposal for a regulation – amending act Article 20 – paragraph 1 a (new)
Text proposed by the Commission	Amendment
	1a In cases other than those covered by paragraph 1, bus and/or coach undertakings shall be liable for delays at arrival of more than two hours, where the delay is due to
	– the driver's negligence and fault or
	– a technical failure of the vehicle.
	In such events the passengers concerned shall at least:
	(a) have the right to compensation amounting to 50% of the ticket price; the ticket price should be the full cost paid by the passenger for the delayed part of the journey. The compensation shall be paid within one month after the submission of the request for compensation;
	(b) be offered assistance as referred to in points (e), (f) and (g) of paragraph 1of this Article.
Justification
The common understanding of a delay is a positive time discrepancy compared with a scheduled time of arrival; even a bus leaving on time may end up late compared to schedule for reasons that fall under the bus and/or coach undertaking’s control. Whereas a bus and/or coach undertaking may not be made liable for a delay caused by weather and/or traffic conditions ("force majeure"), on the other hand liability for the technical defect of the vehicle and/or the ability of the driver to perform can not be ruled out.
Amendment  57 Proposal for a regulation – amending act Article 20 – paragraph 1 b (new)
Text proposed by the Commission	Amendment
	1b. A bus and/or coach undertaking shall be exonerated from this liability if the cancellation or delay can be attributed to one of the following causes:
	(a) circumstances not connected with the operation of bus and coach transport services and which the bus and/or coach undertaking could not have avoided, in spite of having taken the care required in the particular circumstances of the case, and the consequences of which it was unable to prevent;
	(b) passenger negligence, or
	(c) the actions of a third party which the bus and/or coach undertaking could not have avoided, in spite of having taken the care required in the particular circumstances of the case, and the consequences of which it was unable to prevent.
Justification
Eine Haftung des Omnibusunternehmens sollte dann nicht eintreten, wenn die Verspätung oder Annullierung durch außergewöhnliche Umstände verursacht wurde. Diese sind hier konkretisiert. Ansonsten diskriminiert die vorgeschlagene Regelung die Omnibusunternehmen gegenüber den Schiffs- und Bahnbeförderern sowie den Fluggesellschaften. Die Formulierung entspricht Art. 32 der einheitlichen Rechtsvorschriften für den Vertrag über internationale Eisenbahnbeförderung von Personen und Gepäck (CIV) zum Übereinkommen über den internationalen Eisenbahnverkehr (COTIF), auf den in Art. 15 der Verordnung über die Rechte und Pflichten der Fahrgäste im Eisenbahnverkehr verwiesen wird.
Amendment   58 Proposal for a regulation – amending act Article 21 – paragraph 1
Text proposed by the Commission	Amendment
1. In the event of delay, bus and/or coach undertakings or, where appropriate, terminal managing bodies shall inform passengers of estimated departure and arrival times as soon as this information is available, but not later than 30 minutes after a scheduled departure or one hour before a scheduled arrival respectively.	1. In the event of delay, bus and/or coach undertakings or, where appropriate, terminal managing bodies shall inform passengers of estimated departure and arrival times as soon as this information is available, but not later than 30 minutes after a scheduled departure or one hour before a scheduled arrival respectively. This information shall also be provided in accessible formats for persons with disabilities and persons with reduced mobility.
Justification
It is essential to ensure that persons with disabilities get the same important information as all other passengers.
Amendment   59 Proposal for a regulation – amending act Article 22
Text proposed by the Commission	Amendment
Nothing in this Regulation shall preclude passengers from seeking damages in respect of loss resulting from cancellation or delay of transport services before national courts.	This Regulation shall apply without prejudice to a passenger's rights to further compensation. The compensation granted under this Regulation may be deducted from such compensation.
Justification
This article is poorly worded. It should be brought into line with the corresponding provision in Regulation (EC) No 261/2004 and should incorporate a restriction stipulating that compensation granted under the regulation under consideration here may be deducted from any further compensation awarded.
Amendment  60 Proposal for a regulation – amending act Article 23
Text proposed by the Commission	Amendment
Bus and coach undertakings shall cooperate in order to adopt arrangements at national or European level with the involvement of stakeholders, professional associations and associations of customers, passengers and disabled persons. These measures should be aimed at improving care for passengers, especially in the event of long delays and interruption or cancellation of travel.	Carriers shall cooperate in order to adopt arrangements at national or European level with the involvement of stakeholders, professional associations and associations of customers, passengers and disabled persons. These measures should be aimed at improving care for passengers, especially in the event of long delays and interruption or cancellation of travel prioritising care for those passengers with special needs owing to disability, reduced mobility, illness, elderly age, pregnancy and extending to young children, and accompanying passengers.
	In the event of long delays and interruption or cancellation of travel, care shall focus on providing passengers with medical assistance and food and drink as necessary, regular information updates, and, where appropriate, alternative travel arrangements and accommodation.
Amendment   61 Proposal for a regulation – amending act Article 24
Text proposed by the Commission	Amendment
Terminal managing bodies and bus and/or coach undertakings shall provide passengers with adequate information throughout their travel in the most appropriate format. Particular attention shall be paid to the needs of people with disabilities and persons with reduced mobility.	Terminal managing bodies and bus and/or coach undertakings shall provide passengers with adequate information throughout their travel in accessible formats.
Justification
In order to ensure clarity and coherence, the same terminology for accessible formats should be used throughout the regulation.
Amendment   62 Proposal for a regulation – amending act Article 25
Text proposed by the Commission	Amendment
Bus and/or coach undertakings and terminal managing bodies shall ensure that passengers are provided with appropriate and comprehensible information regarding their rights under this Regulation at the latest on departure and during their journey. The information shall be provided in the most appropriate format. When providing this information particular attention shall be paid to the needs of people with disabilities and persons with reduced mobility. This information shall include contact details of the enforcement body designated by the Member State pursuant to Article 27(1).	Bus and/or coach undertakings and terminal managing bodies shall ensure that passengers are provided with appropriate and comprehensible information regarding their rights under this Regulation at the latest on departure and during their journey. The information shall be provided in accessible formats. This information shall include contact details of the enforcement body designated by the Member State pursuant to Article 27(1).
Justification
In order to ensure clarity and coherence, the same terminology for accessible formats should be used throughout the regulation.
Amendment   63 Proposal for a regulation – amending act Article 26 – paragraph 1
Text proposed by the Commission	Amendment
1. Bus and/or coach undertakings shall set up a complaint handling mechanism for rights and obligations covered by this Regulation.	1. Bus and/or coach undertakings shall, where one does not already exist, establish a complaint handling mechanism, accessible for all passengers, including passengers with disabilities and passengers with reduced mobility, for rights and obligations covered by this Regulation.
Justification
In order to ensure equal opportunities and non-discrimination, it is necessary to ensure that all passengers can make use of their right to submit a complaint.
Amendment  64 Proposal for a regulation – amending act Article 26 – paragraph 3 a (new)
Text proposed by the Commission	Amendment
	3a. Bus and/or coach undertakings shall issue annually a report containing the number and subject matter of complaints received, the average number of days required to answer them and corrective actions taken.
Justification
The requirement to issue a report is designed to make the complaint handling by bus and coach undertakings transparent and thereby create an incentive for them to handle complaints efficiently and effectively. Railway companies also have to publish such reports.
Amendment  65 Proposal for a regulation – amending act Article 27 – paragraph 1
Text proposed by the Commission	Amendment
1. Each Member State shall designate a body or bodies responsible for the enforcement of this Regulation. Each body shall take the measures necessary to ensure that the rights of passengers are respected including compliance with the accessibility rules referred to in Article 12. Each body shall, in its organisation, funding decisions, legal structure and decision-making, be independent of bus and/or coach undertakings.	1. Each Member State shall designate a body or bodies responsible for the enforcement of this Regulation. Each body shall take the measures necessary to ensure that the rights of passengers are respected including compliance with the accessibility rules referred to in Article 12. Each body shall, in its organisation, funding decisions, legal structure and decision-making, be independent.
Justification
National enforcement bodies should be completely independent, i.e. not only of bus and coach undertakings.
Amendment  66 Proposal for a regulation – amending act Article 27 – paragraph 2 a (new)
Text proposed by the Commission	Amendment
	2a. These bodies shall cooperate with organisations representing bus and coach undertakings and consumers, including organisations representing disabled persons and persons with reduced mobility.
Justification
The cooperation of national enforcement bodies with these organisations would facilitate the implementation and enforcement of this Regulation.
Amendment   67 Proposal for a regulation – amending act Article 28 – paragraph 1 – point d
Text proposed by the Commission	Amendment
(d) aggregated data on complaints,	(d) aggregated data on complaints, including on their outcome and resolution timescales;
Amendment   68 Proposal for a regulation – amending act Article 30
Text proposed by the Commission	Amendment
Member States shall lay down rules on penalties applicable to infringement of this Regulation and shall take all the measures necessary to ensure that those rules are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission and shall inform it without delay of any subsequent amendment affecting them.	Member States shall lay down rules on penalties applicable to infringement of this Regulation and shall take all the measures necessary to ensure that those rules are implemented. The penalties provided for, which could include ordering the payment of compensation to the person concerned, must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission and shall inform it without delay of any subsequent amendment affecting them.
Justification
Compensation to the victim is one of the most efficient tools for ensuring compliance with a regulation, and is also a way of encouraging passengers to complain when they are subject to discrimination or violation of their rights.
Amendment  69 Proposal for a regulation – amending act Article 33 – paragraph 2
Text proposed by the Commission	Amendment
2. It shall apply with effect from [a year after its entry into force].	2. It shall apply with effect from [2 years after its entry into force].
Justification
The coach and bus fleet needs some more time to adapt to the requirements of this Regulation (especially concerning carriage of disabled persons and persons with reduced mobility).
Amendment  70 Proposal for a regulation – amending act Annex I – point b – indent 5
Text proposed by the Commission	Amendment
- move to toilet facilities, if required;	– move to toilet facilities, if possible
Justification
Contrary to rail and air transport, bus and coach crew are most of the time composed of a single driver who cannot provide assistance on board while driving, without compromising the safety of passengers.
Amendment  71 Proposal for a regulation – amending act Annex I – point b – indent 6
Text proposed by the Commission	Amendment
– carry a recognised assistance dog on board a bus or coach;	– carry, to the extent possible, a recognised assistance dog on board a bus or coach;
Justification
Safety issues could arise, and some Member States impose restrictions on the movement of animals (including assistance dogs) across their borders.
Amendment   72 Proposal for a regulation – amending act Annex II – part b – indent 3
Text proposed by the Commission	Amendment
– techniques for escorting blind and partially-sighted passengers and for the handling and carriage of recognised assistance animals;	– techniques for escorting blind and partially-sighted passengers and for the handling and carriage of recognised assistance animals, bearing in mind that assistance dogs are trained to obey exclusively the commands of the owner and should not be handled by the staff while on duty;
Justification
The assistance dogs should be allowed to accompany the owner, and should not be handled by the staff while on duty. Assistance dogs are trained to obey exclusively the commands of the owner.

EXPLANATORY STATEMENT

Background

Regulation (EEC) No 684/92 (as amended by Regulation (EC) No 11/98) together with Regulation (EC) No 12/98 have created a single market for the international carriage of passengers by bus and coach. This liberalisation has brought Europeans significant benefits such as a wider choice of destinations and attractive prices. It has also contributed to the steady growth of this sector since the mid 1990ies. Today, it is estimated by the Commission that the annual volume of international bus and coach transport amounts to 72.8 million passengers.

However, liberalisation of transport services and the growth in travel have not always been accompanied by adequate measures to protect passenger rights. As their numbers have increased, passengers have faced difficult situations, including cancellations, overbooking, loss of luggage and delays. Bus and coach passengers, in particular, still do not enjoy the same passenger rights as is the case for other modes of transport, notably air transport.

Coach passenger rights are not yet covered by Community legislation, and customers therefore have to rely on national liability schemes. However, the protection of bus and coach passengers (e.g. in terms of liability of operators, compensation in the event of delays and cancellations, obligation to provide information, complaints handling, assistance to disabled persons etc.) varies greatly from one Member State to another. Moreover, bus and coach transport is on an unequal footing with other modes of transport, notably air and rail, where passengers already benefit, or will benefit, from a high and uniform level of protection defined at EU level.

The Commission proposal

In light of the above, the primary aim of the proposal is to establish rights of bus and coach passengers to improve the attractiveness of the sector and in order to achieve a level playing field between carriers from different Member States and between the various modes of transport. In a nutshell, the proposal foresees the following:

- Liability for death and injury: It is proposed to establish unlimited liability for bus undertakings. Moreover, under certain conditions companies may not contest damages up to a certain amount in case of an accident (strict liability). Passengers are also entitled to receive advance payments in order to address economic difficulties that they or their families suffer as a consequence of death and injury.

- Compensation and assistance in the event of cancellations or delays: According to the proposal, companies would be obliged to provide passengers with adequate information and reasonable alternative services or otherwise pay compensation.

- Rights of persons with reduced mobility: The proposal forbids any discrimination on grounds of disability and reduced mobility with regard to booking a journey and boarding a vehicle and lays down rules obliging undertakings to provide assistance free of charge. Moreover they are required to provide relevant training to their personnel.

- Complaints and redress: Member States would have to set up enforcement bodies responsible for ensuring the implementation of this Regulation. If a passenger considers that any of his rights has not been respected he can submit a complaint to the company. If the response is not satisfactory, he can make a complaint to the national enforcement body.

General assessment

Your rapporteur warmly welcomes the proposal and supports the principle that passengers should enjoy equivalent rights no matter which mode of transport they use. It is therefore important to ensure a maximum degree of consistence with existing legislation on air and rail transport as well as with the proposal on passenger rights in maritime transport. On the other hand, it is necessary to take into account the distinctive features of bus and coach transport and adapt certain requirements accordingly. The proposed amendments attempt to strike a balance between these (sometimes competing) objectives. Finally, your rapporteur considers that some provisions of the proposal require clarification.

In view of the tight timetable for first reading towards the end of the legislative term, your rapporteur will continue to examine the proposal in-depth and, if necessary, propose further amendments at a later stage.

Rapporteur's recommendations

In the view of the above considerations the rapporteur suggests, among others, the following modifications to the Commission proposal:

- Urban, suburban and regional transport: A number of requirements contained in the proposal do not meet the specific needs and characteristics of urban suburban and regional transport as they are mainly targeted at long distance and international travel. Therefore, Member States should be enabled to exempt them from the provisions of the Regulation on the condition that they take alternative regulatory measures ensuring a comparable level of passenger rights.

- Strict liability: Your rapporteur believes that the ceiling should be comparable to those in other transport modes and therefore supports, in principle, the proposed amount of EUR 220.000. On the other hand, it would be necessary to bring this provision in line with Article 2 of Directive 2005/14/EC relating to insurance against civil liability in respect of the use of motor vehicles, which limits strict liability per accident to EUR 5 million. In this way, excessive liability due to a cumulation of damages suffered by a high number of passengers can be avoided.

- Rights of disabled people and people with reduced mobility: Contrary to air transport, it does not appear to be necessary to provide for the possibility of bus undertakings to refuse reservations from disabled persons due to safety requirements. Consequently, it is suggested to delete Article 11 paragraph 1 point (a). Other provisions in Article 11 (paragraphs 1 point (b), 2 and 4) would need to be aligned with the wording of the proposal for passenger rights in maritime transport. It furthermore seems appropriate to ensure that rules concerning accessibility are established in co-operation with representative organisations of disabled persons and persons with reduced mobility. Another set of amendments proposed by your rapporteur takes into account the fact that the bus crew in most cases consists of one driver only, who may not always be in a position to provide assistance during the journey, i.e. while driving.

- Reimbursement and compensation: It is suggested to clarify this Article. In the event of cancellation and long delays, bus undertakings should be obliged to reimburse the ticket price unless the customer accepts an alternative transport service offered free of charge. The compensation due in case the undertaking fails to provide either alternative services or adequate information should be 50% (not 100%) of the ticket price, since it would be payable in addition to reimbursement of the ticket.

- Information for passengers and handling of complaints: Your rapporteur stresses that information should be provided in accessible formats. Furthermore, he suggests introducing a requirement for bus and coach undertakings to publish an annual report about their treatment of complaints. This would create an incentive for them to handle complaints efficiently and effectively.

-Entry into force: It will be challenging for the bus and coach transport sector to meet the requirements of this regulation, in particular to provide appropriate assistance to disabled persons and persons with reduced mobility and to ensure the necessary training of staff. Thus, your rapporteur proposes that the industry be given one additional year to adapt before the Regulation enters into force.

- Further clarifications: They concern, among other things, certain definitions (transport contract, ticket vendor and tour operator) as well as the independence of enforcement bodies and their co-operation with both bus undertakings and consumer organisations.

PROCEDURE

Title	Rights of passengers in bus and coach transport
References	COM(2008)0817 – C6-0469/2008 – 2008/0237(COD)
Date submitted to Parliament	4.12.2008
Committee responsible        Date announced in plenary	TRAN 15.12.2008
Committee(s) asked for opinion(s)        Date announced in plenary	IMCO 15.12.2008		JURI 15.12.2008
Not delivering opinions        Date of decision	IMCO 27.2.2009		JURI 19.1.2009
Rapporteur(s)        Date appointed	Gabriele Albertini 11.12.2008
Discussed in committee	17.2.2009		30.3.2009
Date adopted	31.3.2009
Result of final vote	+: –: 0:	33 0 0
Members present for the final vote	Gabriele Albertini, Inés Ayala Sender, Paolo Costa, Luis de Grandes Pascual, Petr Duchoň, Saïd El Khadraoui, Robert Evans, Emanuel Jardim Fernandes, Francesco Ferrari, Brigitte Fouré, Mathieu Grosch, Georg Jarzembowski, Stanisław Jałowiecki, Timothy Kirkhope, Rodi Kratsa-Tsagaropoulou, Jörg Leichtfried, Eva Lichtenberger, Erik Meijer, Luís Queiró, Reinhard Rack, Ulrike Rodust, Gilles Savary, Brian Simpson, Renate Sommer, Dirk Sterckx, Ulrich Stockmann, Michel Teychenné, Yannick Vaugrenard, Armando Veneto, Roberts Zīle
Substitute(s) present for the final vote	Anne E. Jensen, Marie Panayotopoulos-Cassiotou
Substitute(s) under Rule 178(2) present for the final vote	Elisabeth Schroedter
Date tabled	6.4.2009