RECOMMENDATION FOR SECOND READING on the Council position at first reading for adopting a regulation of the European Parliament and of the Council concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004

3.6.2010 - (05218/2010 – C7‑0077/2010 – 2008/0237(COD)) - ***II

Committee on Transport and Tourism
Rapporteur: Antonio Cancian

Errata/Addenda

• ERR01 (PDF - 226 KB)
• ERR01 (DOC - 48 KB)

Amendments

• 001-051 (PDF - 228 KB)
• 001-051 (DOC - 237 KB)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the Council position at first reading for adopting a regulation of the European Parliament and of the Council concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (05218/2010 – C7‑0077/2010 – 2008/0237(COD))

(Ordinary legislative procedure: second reading)

The European Parliament,

–   having regard to the Council position at first reading (05218/2010 – C7‑0077/2010),

–   having regard to the Commission proposal to 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 its position at first reading,

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

–   having regard to Article 294(7) and Article 91(1) of the Treaty on the Functioning of the European Union;

–   having regard to the opinion of the Economic and Social Committee[1],

–   after consulting the Committee of the Regions,

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

–   having regard to the recommendation for second reading of the Committee on Transport and Tourism (A7-0174/2010),

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

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

Amendment  1 Proposal for a regulation – amending act Recital 5
Council position	Amendment
(5) Taking into account the specific characteristics of urban, suburban and regional regular services, Member States should be granted the right to exempt these types of transport from the application of a significant part of this Regulation. In order to identify urban, suburban and regional regular services, Member States should take into account criteria such as distance, frequency of services, number of scheduled stops, type of buses or coaches employed, ticketing schemes, fluctuations in passenger numbers between services in peak and off-peak periods, bus codes and timetables.	(5) Taking into account the specific characteristics of urban, suburban and regional regular services which form part of services integrated with urban or suburban services, Member States should be granted the right to exempt these types of transport from the application of part of this Regulation. In order to identify these urban, suburban and regional regular services, Member States should take into account criteria such as the administrative division, geographical situation, distance, frequency of services, number of scheduled stops, type of buses or coaches employed, ticketing schemes, fluctuations in passenger numbers between services in peak and off-peak periods, bus codes and timetables.
Justification
It should not be possible to exclude regional services from the scope of the Regulation. This is in line with the EP position at first reading but not going as far, since it would not anymore be required to prove, as a condition for their exemption, that they are covered by public service contracts ensuring a comparable level of passenger rights. When identifying urban or suburban transport, Member States should be allowed to refer to their domestic and local situation.
Amendment  2 Council position – amending act Recital 6
Council position	Amendment
(6) Passengers and, as a minimum, persons whom the passenger had, or would have had, a legal duty to maintain should enjoy adequate protection in the event of accidents arising out of the use of the bus or coach, taking into account Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles and the enforcement of the obligation to insure against such liability.	(6) Passengers should enjoy liability rules comparable to those applicable to other modes of transport in the event of accidents resulting in death or injury.
Justification
The Council position waters down significantly the provisions on liability as compared to both the original Commission proposal and the EP position at first reading. The amendment aims to restore the EP position at first reading.
Amendment  3 Council position – amending act Recital 7
Council position	Amendment
(7) In choosing the national law applicable to compensation for death or personal injury as well as for loss of or damage to luggage due to accidents arising out of the use of the bus or coach, Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) and Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) should be taken into account.	(7) Carriers should be liable for loss or damage of passengers' luggage on terms comparable to those applicable to other modes of transport.
Justification
The amendment restores EP position at first reading by re-introducing the provision on damages which is connected to Article 7
Amendment  4 Council position – amending act Recital 8
Council position	Amendment
(8) Passengers should, in addition to compensation in accordance with applicable national law in the event of death or personal injury or loss of or damage to luggage due to accidents arising out of the use of the bus or coach, be entitled to assistance with regard to their immediate practical needs following an accident. Such assistance could include first aid, accommodation, food, clothes and transport.	(8) Passengers should, in addition to compensation in accordance with applicable national law in the event of death or personal injury or loss of or damage to luggage due to accidents arising out of the use of the bus or coach, be entitled to assistance with regard to their immediate practical and economic needs following an accident. Such assistance should include, where necessary, first aid, accommodation, food, clothes, transport and funeral expenses. In the event of death or personal injury, the carrier shall in addition make advance payments to cover immediate economic needs on a basis proportional to the damage suffered, provided that there is prima facie evidence of causality attributable to the carrier.
Justification
The amendment aims to restore the EP position at first reading concerning assistance and advance payments.
Amendment  5 Council position – amending act Recital 11
Council position	Amendment
(11) In deciding on the design of new terminals, and as part of major refurbishments, terminal managing bodies should, where possible, take into account the needs of disabled persons and persons with reduced mobility. In any case, terminal managing bodies should designate points where such persons can notify their arrival and need for assistance.	(11) In deciding on the design of new terminals, and as part of major refurbishments, terminal managing bodies should, without exception and as an essential condition, take into account the needs of disabled persons and persons with reduced mobility, in accordance with ‘design for all’ requirements In any case, terminal managing bodies should designate points where such persons can notify their arrival and need for assistance.
Amendment  6 Council position – amending act Recital 11 a (new)
Council position	Amendment
	(11a) Similarly, carriers should take those needs into account when deciding on the design of new and newly refurbished vehicles.
Justification
The amendment restores a recital introduced by the EP at first reading.
Amendment  7 Council position – amending act Recital 11 b (new)
Council position	Amendment
	(11b) Member States should improve existing infrastructure, where this is necessary to enable carriers to ensure access for disabled persons and persons with reduced mobility as well as to provide appropriate assistance.
Justification
The amendment restores a recital introduced by the EP at first reading.
Amendment  8 Council position – amending act Recital 13
Council position	Amendment
13) Where possible, organisations representative of disabled persons or persons with reduced mobility should be consulted or involved in the organisation of the disability‑related training.	(13) Organisations representative of disabled persons or persons with reduced mobility should be consulted or involved in preparing the content of the disability‑related training.
Justification
In order to ensure the disability-related training is tailored to the needs of disabled persons and persons with reduced mobility, representative organisations should take part in preparing the content of the training.
Amendment  9 Council position – amending act Recital 14
Council position	Amendment
(14) Rights of bus and coach passengers should include the receipt of information regarding the service before and during the journey. All essential information provided to bus and coach passengers should also be provided in alternative formats accessible to disabled persons and persons with reduced mobility.	(14) Rights of bus and coach passengers should include the receipt of information regarding the service before and during the journey. All essential information provided to bus and coach passengers should also be provided in alternative formats accessible to disabled persons and persons with reduced mobility, such as large print, plain language, Braille, electronic communications that can be accessed with adaptive technology, and audio tapes.
Justification
Partially restore the EP first reading on accessible formats.
Amendment  10 Council position – amending act Recital 16
Council position	Amendment
(16) Inconvenience experienced by passengers due to cancellation or long delay of their journey should be reduced. To this end, passengers departing from terminals should be adequately looked after and informed. Passengers should also be able to cancel their journey and have their tickets reimbursed or to continue their journey or to obtain re‑routing under satisfactory conditions.	(16) Inconvenience experienced by passengers due to cancellation or significant delay of their journey should be reduced. To this end, passengers departing from terminals should be adequately looked after and informed in a way which is accessible to everyone. Passengers should also be able to cancel their journey and have their tickets reimbursed or to continue their journey or to obtain re‑routing under satisfactory conditions. If carriers fail to provide passengers with the necessary assistance, passengers should have a right to obtain financial compensation.
Justification
The amendment restores the EP position at first reading and is connected with the amendment on paragraph 19.
Amendment  11 Council position – amending act Recital 17
Council position	Amendment
17) Through their professional associations, carriers should 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, aiming to improve care for passengers, especially in the event of cancellations and long delays.	(17) Through their professional associations, carriers should cooperate in order to adopt arrangements at regional, national or European level with the involvement of stakeholders, professional associations and associations of customers, passengers and disabled persons, aiming to improve provision of information and care for passengers, especially in the event of cancellations and long delays.
Justification
Cooperation at regional level should be included in order to reflect better the structure of Member States and stakeholders organisations. Further, the right to information is an important aspect of passenger rights and cannot be omitted.
Amendment  12 Council position – amending act Recital 26 a (new)
Council position	Amendment
	(26a) Member States should promote the use of public transport and introduce interoperable, intermodal information systems allowing for timetable information and pricing with the issuing of multimodal tickets in order to optimise the use and interoperability of the various transport modes. These services must be accessible to disabled persons.
Justification
This new recital aims at promoting integrated pricing and ticketing across transport modes to the benefit of passengers.
Amendment  13 Proposal for a regulation – amending act Article 2 - paragraph 2
Council position	Amendment
2. In addition, with the exception of Chapters III to VI, this Regulation shall apply to passengers travelling with occasional services where the initial boarding point or the final alighting point of the passenger is situated in the territory of a Member State.	2. In addition, with the exception of Articles 9 to 16 and 18 of Chapter III and Chapters IV to VI, this Regulation shall apply to passengers travelling with occasional services where the initial boarding point or the final alighting point of the passenger is situated in the territory of a Member State.
Justification
Article 17 deals with questions of compensation in respect of wheelchairs and other mobility equipment. These provisions should apply to occasional services in the same way as all the other provisions on compensation (laid down in Chapter II).
Amendment  14 Council position – amending act Article 2 - paragraph 4
Council position	Amendment
4. With the exception of Articles 4(2), 9 and 10(1), Member States may exempt urban, suburban and regional regular services, including cross‑border services of that type, from the application of this Regulation	4. With the exception of Articles 4(2), 7, 8, 9, 10(1), 11(1), 13(1), 16, 17(1), 17(2), 20, 23, 25, 26 and 27 Member States may exempt urban and suburban regular services, as well as regional regular services, if they are part of services integrated with urban or suburban services, including cross‑border services of that type, from the application of this Regulation
Justification
It should not be possible to exclude regional services from the scope of the Regulation. This is in line with the EP position at first reading but not going as far, since it would not anymore be required to prove, as a condition for their exemption, that they are covered by public service contracts ensuring a comparable level of passenger rights. Moreover, the provisions referred to in the Articles above should also apply to urban and suburban transport.
Amendment  15 Council position – amending act Article 2 - paragraph 5
Council position	Amendment
5. With the exception of Articles 4(2), 9 and 10(1), Member States may, on a transparent and non-discriminatory basis, exempt domestic regular services from the application of this Regulation. Such exemptions may be granted for a period no longer than five years, which may be renewed twice.	deleted
Justification
This paragraph would allow domestic services to be exempted from the Regulation for up to 15 years and is therefore unacceptable.
Amendment  16 Council position – amending act Article 2 - paragraph 6
Council position	Amendment
6. For a maximum period of five years, Member States may, on a transparent and non‑discriminatory basis, exempt from the application of this Regulation particular regular services because a significant part of the regular service, including at least one scheduled stop, is operated outside the Union. Such exemptions may be renewed.	deleted
Justification
This paragraph would allow services with at least one scheduled stop outside the EU to be exempted from the Regulation for an indefinite period ("may be renewed") and is therefore unacceptable.
Amendment  17 Council position – amending act Article 2 - paragraph 7
Council position	Amendment
7. Member States shall inform the Commission of exemptions of different types of services granted pursuant to paragraphs 4, 5 and 6. The Commission shall take appropriate action if such an exemption is deemed not to be in accordance with the provisions of this Article. By …, the Commission shall submit to the European Parliament and the Council a report on exemptions granted pursuant to paragraphs 4, 5 and 6.	7. Member States shall inform the Commission of exemptions of different types of services granted pursuant to paragraph 4 within three months from the date of application of this Regulation. The Commission shall take appropriate action if such an exemption is deemed not to be in accordance with the provisions of this Article. By …, the Commission shall submit to the European Parliament and the Council a report on exemptions granted pursuant to paragraph 4.
Justification
It is important that exemptions are notified to the Commission before the date of application of the Regulation.
Amendment   18 Council position – amending act Article 2 - paragraph 8
Council position	Amendment
8. Nothing in this Regulation shall be understood as constituting technical requirements imposing obligations on carriers or terminal managing bodies to modify or replace buses or coaches or infrastructure or equipment at bus stops and terminals.	8. Nothing in this Regulation shall be understood as conflicting with existing legislation on technical requirements for buses or coaches or infrastructure or equipment at bus stops and terminals.
Justification
This Regulation does not aim at imposing any new obligations on operators as regards accessibility of vehicles and infrastructures to PRMs. Nevertheless, existing EU legislation in this field cannot be disregarded, notably Directive 2001/85/EC.
Amendment  19 Council position – amending act Article 2 - paragraph 8
Council position	Amendment
(8). Nothing in this Regulation shall be understood as constituting technical requirements imposing obligations on carriers or terminal managing bodies to modify or replace buses or coaches or infrastructure or equipment at bus stops and terminals.	(8). Nothing in this Regulation shall be understood as constituting technical requirements imposing obligations on carriers or terminal managing bodies to modify or replace buses or coaches or infrastructure at bus stops and terminals.
Amendment  20 Council position – amending act Article 3 - point g
Council position	Amendment
(g) "carrier" means a natural or legal person, other than a tour operator or ticket vendor, offering regular or occasional services to the general public;	(g) "carrier" means a natural or legal person, other than a tour operator, travel agent or ticket vendor, offering regular or occasional services to the general public;
Justification
The definition of carrier should be different from that of travel agent.
Amendment  21 Council position – amending act Article 3 - point k
Council position	Amendment
(k) "tour operator" means an organiser or retailer, other than the carrier, within the meaning of Article 2(2) and (3) of Directive 90/314/EEC;	(k) "tour operator" means an organiser, other than a carrier, within the meaning of Article 2(2) of Directive 90/314/EEC;
Justification
The reference to Article 2(3) means that the definition of 'tour operator' encompasses retailers. However, retailers are already covered through the definitions of 'travel agent' and 'ticket vendor'. With a view to clarifying the division of responsibilities, the reference to Article 2(3) of the package travel directive should therefore be deleted.
Amendment  22 Council position – amending act Article 7
Council position	Amendment
Death or personal injury to passengers and loss of or damage to luggage	Liability for death and injury of passengers
1. Passengers shall, in accordance with applicable national law, be entitled to compensation for death or personal injury as well as to loss of or damage to luggage due to accidents arising out of the use of the bus or coach. In case of death of a passenger, this right shall as a minimum apply to persons whom the passenger had, or would have had, a legal duty to maintain.	1. In accordance with this Chapter, carriers 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.
2. The amount of compensation shall be calculated in accordance with applicable national law. Any maximum limit provided by national law to the compensation for death and personal injury or loss of or damage to luggage shall on each distinct occasion not be less than:	2. The non-contractual liability of carriers for damages shall not be subject to any financial limit, be it defined by law, convention or contract.
(a) EUR 220 000 per passenger;
(b) with regard to urban, suburban and regional regular or occasional services EUR 500 per item of luggage and with regard to all other regular or occasional services EUR 1 200 per item of luggage. In the event of damage to wheelchairs, other mobility equipment or assistive devices the amount of compensation shall always be equal to the cost of replacement or repair of the equipment lost or damaged.	3. For any claim up to the amount of EUR 220 000 per passenger, a carrier shall not exclude or limit its liability by proving that it has taken the care required pursuant to paragraph 4(a), unless the total amount of the resulting claim exceeds the amount for which compulsory insurance is, in conformity with Second Council Directive 84/5/EEC of 30 December 1983 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, required under the national legislation of the Member state in which the bus or coach is normally based. In such a situation, liability shall be limited to that amount.
	4. A carrier shall not be liable pursuant to paragraph 1:
	(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;
	(b) to the extent that the accident is the fault of the passenger or caused by his negligence.
	Nothing in this Regulation shall:
	(a) imply that a carrier is the sole party liable to pay damages; or
	(b) restrict any rights of a carrier to seek redress from any other party in accordance with the applicable law of a Member State.
Justification
The Council position waters down significantly the provisions on liability as compared to both the original Commission proposal and the EP position at first reading. The amendment aims to restore the EP position at first reading.
Amendment  23 Council position – amending act Article 7 a (new)
Council position	Amendment
	Article 7a Damages
	1. In the event of the death of a passenger, the damages in respect of the liability provided for in Article 7 shall comprise:
	(a) any necessary costs following the passenger's death, in particular the cost of transporting the body and the funeral expenses;
	(b) if the death does not occur at once, the damages provided for in paragraph 2
	2. In the event of personal injury or any other physical or mental harm to a passenger, the damages shall comprise:
	(a) any necessary costs, in particular those for treatment and for transport;
	(b) compensation for financial loss, due to total or partial incapacity to work, or to increased needs.
	3. If, through the death of the passenger, a person whom the passenger had, or would have had, a legal duty to maintain is deprived of support, such persons shall also be compensated for that loss.
Justification
This provision was deleted by Council. The amendment restores EP position at first reading by re-introducing the provision on damages which is connected to Article 7.
Amendment  24 Council position – amending act Article 8
Council position	Amendment
Immediate practical needs of passengers	Immediate practical and economic needs of passengers
In the event of an accident arising out of the use of the bus or coach, the carrier shall provide reasonable assistance with regard to the passengers' immediate practical needs following the accident. Any assistance shall not constitute recognition of liability.	In the event of an accident arising out of the use of the bus or coach, the carrier shall provide assistance with regard to the passengers' immediate practical needs following the accident. Such assistance shall include, where necessary, first aid, accommodation, food, clothes, transport and funeral expenses. In the event of death or personal injury, the carrier shall in addition make advance payments to cover immediate economic needs on a basis proportional to the damage suffered, provided that there is prima facie evidence of causality attributable to the carrier. Any payments made, or assistance provided shall not constitute recognition of liability.
Justification
The original proposal as well as the EP's position at first reading foresees non-returnable advance payments in the event of personal injury and death to meet immediate economic needs of the victims. Furthermore the necessary practical assistance should be specified by adding the wording from the relevant recital.
Amendment  25 Council position – amending act Article 8 a (new)
Council position	Amendment
	Article 8a
	Liability for lost and damaged luggage
	1. Carriers shall be liable for the loss of or damage to luggage placed under their responsibility. The maximum compensation shall amount to EUR 1 800 per passenger.
	2. In the event of accidents arising out of the operation of bus and coach transport services, carriers shall be liable for loss of or damage to the personal effects which passengers had on them or with them as hand luggage. The maximum compensation shall amount to EUR 1 300 per passenger.
	A carrier 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 carrier 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
Council deleted this Article and included provisions on compensation for lost and damaged luggage in Article 7. These provide a lower level of protection for passengers. Therefore the amendment restores the EP position at first reading.
Amendment  26 Council position – amending act Article 10 - paragraph 2
Council position	Amendment
(2) In the event of a refusal to accept a reservation or to issue or otherwise provide a ticket on the grounds referred to in paragraph 1, carriers, travel agents and tour operators shall make reasonable efforts to inform the person concerned about an acceptable alternative service operated by the carrier.	(2) In the event of a refusal to accept a reservation or to issue or otherwise provide a ticket on the grounds referred to in paragraph 1, carriers, travel agents and tour operators shall inform the person concerned about an acceptable alternative service operated by the carrier.
Justification
Since the article refers to alternative services performed by the same carrier, information should be easily available and simple to provide.
Amendment  27 Council position – amending act Article 10 - paragraph 4
Council position	Amendment
4. Under the same conditions set out in paragraph 1(a), a carrier, travel agent or tour operator may require that a disabled person or person with reduced mobility be accompanied by another person who is capable of providing the assistance required by the disabled person or person with reduced mobility, if this is strictly necessary. Such an accompanying person shall be transported free of charge and, where feasible, seated next to the disabled person or person with reduced mobility.	4. If a carrier, travel agent or tour operator refuses to accept a reservation from, to issue or otherwise provide a ticket to or to take on board a person on the grounds of disability or of reduced mobility for the reasons set out in paragraph 1 or if 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 all the assistance as specified in Annex I b, a disabled person or person with reduced mobility may request to be accompanied by another person who is capable of providing the assistance required by the disabled person or person with reduced mobility. Such an accompanying person shall be transported free of charge and, where feasible, seated next to the disabled person or person with reduced mobility.
Justification
If a disabled person or a PRM is refused to access on his or her own because of his disability or reduced mobility, he or she should have the right to be accompanied by another person. The same holds true for cases where the carrier cannot provide the assistance on board required according to Annex Ib.
Amendment  28 Council position – amending act Article 11 - paragraph 2
Council position	Amendment
2. The access conditions provided for in paragraph 1 shall be made publicly available by carriers and terminal managing bodies physically or on the Internet in the same languages as those in which information is generally made available to all passengers.	2. The access conditions provided for in paragraph 1 shall be made publicly available by carriers and terminal managing bodies in accessible formats, and in the same languages as those in which information is generally made available to all passengers. When providing this information particular attention shall be paid to the needs of disabled persons and persons with reduced mobility.
Justification
It is important that the information is provided in accessible formats and that particular attention is paid to the needs of disabled persons and PRM. The amendment is based on the text adopted by the EP at first reading.
Amendment  29 Council position – amending act Article 11 - paragraph 2 a (new)
Council position	Amendment
	2a. Upon request the carriers shall immediately make available copies of the international, Union or national laws establishing the safety requirements, on which non-discriminatory access rules are based. These must be provided in accessible formats.
Justification
This amendment re-introduces a paragraph deleted by Council.
Amendment  30 Council position – amending act Article 13 - paragraph 1
Council position	Amendment
1. Subject to the access conditions provided for in Article 11(1), carriers and terminal managing bodies shall, within their respective areas of competence, at terminals designated by Member States, provide assistance free of charge to disabled persons and persons with reduced mobility as specified in part (a) of Annex I.	1. Carriers and terminal managing bodies shall, within their respective areas of competence, at terminals designated by Member States, provide assistance free of charge to disabled persons and persons with reduced mobility, at least to the extent specified in part (a) of Annex I.
Justification
Obligations to provide assistance according to the Annex of the Regulation should not be made subject to access conditions, which are defined by carriers and terminal managing bodies themselves.
Amendment  31 Council position – amending act Article 13 - paragraph 2
Council position	Amendment
2. Subject to the access conditions provided for in Article 11(1), carriers shall, on board buses and coaches, provide assistance free of charge to disabled persons and persons with reduced mobility as specified in part (b) of Annex I.	2. Carriers shall, on board buses and coaches, provide assistance free of charge to disabled persons and persons with reduced mobility at least to the extent specified in part (b) of Annex I.
Justification
Obligations to provide assistance according to the Annex of the Regulation should not be made subject to access conditions, which are defined by carriers and terminal managing bodies themselves.
Amendment  32 Council position – amending act Article 14 - paragraph 1 - point a
Council position	Amendment
(a) the person's need for such assistance is notified to carriers, terminal managing bodies, travel agents or tour operators at the latest two working days before the assistance is needed; and	(a) the person's need for such assistance is notified to carriers, terminal managing bodies, travel agents or tour operators at the latest 24 hours before the assistance is needed; and
Justification
The amendment restores the EP position at first reading.
Amendment  33 Council position – amending act Article 14 - paragraph 1 - point b - point i
Council position	Amendment
i) at the time stipulated in advance by the carrier which shall be no more than 60 minutes before the published departure time; or	i) at the time stipulated in advance by the carrier which shall be no more than 60 minutes before the published departure time unless a shorter period is agreed between the carrier and the passenger; or
Justification
The amendment restores the EP position at first reading.
Amendment  34 Council position – amending act Article 17 - paragraph 1
Council position	Amendment
1. Carriers and terminal managing bodies shall be liable where they have caused loss of or damage to wheelchairs, other mobility equipment or assistive devices, resulting from the provision of assistance. The loss or damage shall be compensated by the carrier or terminal managing body liable for that loss or damage.	1. Carriers and terminal managing bodies shall be liable where they have caused loss of or damage to wheelchairs, other mobility equipment or assistive devices. The loss or damage shall be compensated by the carrier or terminal managing body liable for that loss or damage.
Justification
Carriers and terminal managing bodies should always have to compensate the damage or loss of such equipment, in case they are responsible for it and not only if it is resulting from the provision of assistance. Therefore, this newly introduced restriction should be deleted.
Amendment  35 Council position – amending act Article 18 - paragraph 1
Council position	Amendment
1. Without prejudice to Article 2(4), Member States may exempt domestic regular services from the application of all or some of the provisions of this Chapter, provided that they ensure that the level of protection of disabled persons and persons with reduced mobility under their national rules is at least the same as under this Regulation.	deleted
Justification
The provisions concerning rights of disabled persons and persons with reduced mobility have already been limited by the Council when compared to those foreseen under the original Commission proposal and the EP position at first reading. It would therefore be unacceptable to provide in addition for the possibility to exempt domestic services from the application of those provisions.
Amendment  36 Council position – amending act Article 18 - paragraph 2
Council position	Amendment
2. Member States shall inform the Commission of exemptions granted pursuant to paragraph 1. The Commission shall take appropriate action if such an exemption is deemed not to be in accordance with the provisions of this Article. By …., the Commission shall submit to the European Parliament and the Council a report on exemptions granted pursuant to paragraph 1.	deleted
Justification
The provisions concerning rights of disabled persons and persons with reduced mobility have already been limited by the Council when compared to those foreseen under the original Commission proposal and the EP position at first reading. It would therefore be unacceptable to provide in addition for the possibility to exempt domestic services from the application of those provisions.
Amendment  37 Council position – amending act Article 19 - paragraph 1
Council position	Amendment
(1) Where a carrier reasonably expects a regular service to be cancelled or delayed in departure from a terminal for more than 120 minutes, the passenger shall immediately be offered the choice between:	(1) Where a carrier reasonably expects a regular service to be cancelled or delayed in departure from a terminal for more than 120 minutes or in the case of overbooking, the passenger shall immediately be offered the choice between:
Justification
The Regulation should also offer passengers adequate rights in the case of overbooking.
Amendment  38 Council position – amending act Article 19 - paragraph 1 - point a
Council position	Amendment
(a) continuation or re-routing to the final destination, under comparable conditions, as set out in the transport contract, at the earliest opportunity;	(a) continuation or re-routing to the final destination, at no additional cost and under comparable conditions as set out in the transport contract, at the earliest opportunity;
Justification
The amendment reflects the EP position at first reading.
Amendment  39 Council position – amending act Article 19 - paragraph 1 - point b a (new)
Council position	Amendment
	(ba) in addition to the reimbursement referred to in point (b), have the right to compensation amounting to 50% of the ticket price if the carrier fails to offer continuation or re-routing to the final destination as referred to in point (a). The compensation shall be paid within one month after the submission of the request for compensation.
Justification
The amendment reflects the EP position at first reading
Amendment  40 Council position – amending act Article 19 - paragraph 1 a (new)
Council position	Amendment
	1a. Where the bus or coach becomes inoperable, passengers shall be offered transport from the location of the inoperable vehicle to a suitable waiting point or terminal from where continuation of the journey becomes possible.
Justification
The amendment restores the EP position at first reading.
Amendment  41 Council position – amending act Article 21 - introductory part
Council position	Amendment
For a journey of a scheduled duration of more than three hours the carrier shall, in case of cancellation or delay in departure from a terminal of more than two hours, offer the passenger free of charge:	For a journey of a scheduled duration of more than three hours the carrier shall, in case of cancellation or delay in departure from a terminal of more than one hour, offer the passenger free of charge:
Justification
To ensure a regulatory level playing field with other modes (e.g. rail), the compensation scheme in case of a delay should apply starting from one hour delay, not only two hours' delay.
Amendment  42 Council position – amending act Article 21 - point b
Council position	Amendment
(b) assistance to find a hotel room or other accommodation as well as assistance to arrange transport between the terminal and the place of accommodation in cases where a stay of one or more nights becomes necessary.	(b) a hotel room or other accommodation as well as assistance to arrange transport between the terminal and the place of accommodation in cases where a stay of one or more nights becomes necessary.
Justification
This amendment primarily seeks to reinstate the position adopted by Parliament at first reading as regards the compensation of passengers in the event of the cancellation of or a delay affecting a service.
Amendment  43 Council position – amending act Article 21 - new subparagraph
Council position	Amendment
	In case of delays at arrival, where the delay is due to either the driver's negligence and fault or a technical failure of the vehicle: (a) passengers have the right to compensation amounting to 25% of the ticket price in case of a delay of more than one hour, and 50% of the ticket price in case of a delay of more than two hours. A carrier shall be exonerated from this liability if the cancellation or delay can be attributed to:   - circumstances not connected with the operation of bus and coach transport services and which the carrier 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;   -passengers’ negligence.
Justification
A compensation scheme should also apply in case of a delay at arrival, provided that the causes for the delay are attributed to the carrier.
Amendment  44 Council position – amending act Article 22 a (new)
Council position	Amendment
	Article 22a
	Additional measures in favour of passengers
	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 shall be aimed at improving care for passengers, especially in the event of long delays and interruption or cancellation of travel with a particular focus on passengers with special needs due to disability, reduced mobility, illness, elderly age, pregnancy and including accompanying passengers and passengers travelling with young children.
Justification
This amendment re-introduces in part an article deleted by the Council.
Amendment  45 Council position – amending act Article 23
Council position	Amendment
Carriers and terminal managing bodies shall, within their respective areas of competence, provide passengers with adequate information throughout their travel. Where feasible this information shall be provided in accessible formats upon request.	Carriers and terminal managing bodies shall, within their respective areas of competence, provide passengers with adequate information from the moment of reservation and throughout their travel in accessible formats and according to a common conceptual model for public transport data and systems.
Justification
The information should be provided in accessible formats and from the moment of reservation, so that passengers are informed of anticipated delays, cancellations, etc. Furthermore, the use of common models would facilitate the building-up of interoperable and intermodal passenger information and ticketing.
Amendment  46 Council position – amending act Article 24 - paragraph 1
Council position	Amendment
(1) Carriers and terminal managing bodies shall, within their respective areas of competence, ensure that passengers are provided with appropriate and comprehensible information regarding their rights under this Regulation at the latest on departure. The information shall be provided at terminals and where applicable, on the Internet. This information shall include contact details of the enforcement body or bodies designated by the Member State pursuant to Article 27(1).	(1) Carriers and terminal managing bodies shall, within their respective areas of competence, ensure that passengers are provided with appropriate and comprehensible information regarding their rights under this Regulation upon reservation and at the latest on departure. The information shall be provided in accessible formats, and according to a common conceptual model for public transport data and systems, at terminals and where applicable, on the Internet. This information shall include contact details of the enforcement body or bodies designated by the Member State pursuant to Article 27(1).
Justification
It should be ensured that passengers get information on connections with other modes of transport. This will also ensure a dialogue between bus and rail passenger services.
Amendment  47 Council position – amending act Article 25
Council position	Amendment
Carriers shall set up or have in place a complaint handling mechanism for the rights and obligations set out in Articles 4, 8 and 9 to 24.	Carriers shall set up or have in place a complaint handling mechanism for the rights and obligations set out in this Regulation.
Justification
The complaints handling mechanism should cover all passenger rights pursuant to this Regulation, including, for instance those laid down in Articles 6 and 7, which would not be covered by the Council's text.
Amendment  48 Council position – amending act Article 26
Council position	Amendment
If a passenger covered by this Regulation wants to make a complaint to the carrier with regard to Articles 4, 8 and 9 to 24, he shall submit it within three months from the date on which the regular service was performed or when a regular service should have been performed. Within one month of receiving the complaint, the carrier shall give notice to the passenger that his complaint has been substantiated, rejected or is still being considered. The time taken to provide the final reply shall not be longer than three months from the receipt of the complaint.	If a passenger covered by this Regulation wants to make a complaint to the carrier, he shall submit it within three months from the date on which the regular service was performed or when a regular service should have been performed. Within one month of receiving the complaint, the carrier shall give notice to the passenger that his complaint has been substantiated, rejected or is still being considered. The time taken to provide the final reply shall not be longer than two months from the receipt of the complaint.
Justification
This amendment reduces the time limit for a final reply to two months in accordance with the original proposal and the EP position at first reading.
Amendment  49 Council position – amending act Article 27 - paragraph 1
Council position	Amendment
1. Each Member State shall designate a new or existing body or bodies responsible for the enforcement of this Regulation as regards regular services from points situated on its territory and regular services from a third country to such points. Each body shall take the measures necessary to ensure compliance with this Regulation.	1. Each Member State shall designate an existing body or bodies, or, if there is no existing body, a new body responsible for the enforcement of this Regulation. Each body shall take the measures necessary to ensure compliance with this Regulation.
Each body shall, in its organization, funding decisions, legal structure and decision-making, be independent of carriers, tour operators and terminal managing bodies.	Each body shall, in its organization, funding decisions, legal structure and decision-making, be independent of carriers, tour operators and terminal managing bodies.
Justification
The competent bodies must be able to enforce the Regulation as a whole.
Amendment  50 Council position – amending act Article 27 - paragraph 3
Council position	Amendment
3. Any passenger may submit a complaint, in accordance with national law, to the appropriate body designated under paragraph 1, or to any other appropriate body designated by a Member State, about an alleged infringement of this Regulation.	3. Any passenger may submit a complaint to the appropriate body designated under paragraph 1, or to any other appropriate body designated by a Member State, about an alleged infringement of this Regulation.
A Member State may decide:	A Member State may decide that the passenger as a first step shall submit a complaint to the carrier in which case the national enforcement body or any other appropriate body designated by the Member State shall act as an appeal body for complaints not resolved under Article 26.
a)        that the passenger as a first step shall submit a complaint with regard to Articles 4, 8 and 9 to 24 to the carrier; and/or
b)        that the national enforcement body or any other appropriate body designated by the Member State shall act as an appeal body for complaints not resolved under Article 26.
Justification
The right to complain about alleged infringements should not be restricted. Moreover, it must be ensured that those complaints are dealt with by an appeal body when they are not resolved by the carrier.
Amendment  51 Council position – amending act Annex I - part b - indent 1 a (new)
Council position	Amendment
	- move to toilet facilities on board, if there are personnel other than the driver on board.
Justification
The amendment re-introduces provisions on assistance on board contained in both the Commission proposal and in the EP position at first reading.

• [1]  Opinion of 16 July 2009 (OJ C 317, 23.12.2009, p. 99)

EXPLANATORY STATEMENT

The Commission proposal

The proposal adopted by the Commission on 4 December 2008 aims at establishing rights of passengers when travelling by bus and coach in order to improve the attractiveness of, and confidence in, passenger transport by road and to achieve a level playing field between carriers from different Member States and between the various modes of transport. By introducing new rules, the Regulation will, once adopted, enhance the protection of passengers in general, and of disabled persons and persons with reduced mobility in particular. It will also set quality standards comparable to those already established in the air and rail sectors. In a nutshell, the proposal foresees the following:

-    Liability for death and injury: It is proposed to establish unlimited liability for carriers. 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.

-    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.

-    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.

-    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.

EP first reading

On 23 April 2009 Parliament adopted by a large majority (557 votes to 30, with 23 abstentions) its position at first reading. Most amendments to the Commission proposal aim at strengthening the rights of bus and coach passengers while taking into account the specific features of bus and coach transport when compared to other transport modes. The most important modifications introduced by Parliament relate to the following issues:

-    Scope: Parliament considered that Member States should not be able to exempt regional transport from the Regulation, since it accounts for a large portion of bus and coach operations. Furthermore, regional transport could cover significant distances, depending on the size of the respective region. Therefore, Member States should only be able to exempt urban and suburban services, on the condition that they are covered by public service contracts ensuring a comparable level of passenger rights.

-    Liability: Parliament adopted an amendment to bring the provisions on liability in the event of death and injury in line with the requirements 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. The provisions on advance payments to be made by carriers in the event of death and personal injury to passengers were also modified. According to the EP's amendment, they would not have to make such payments immediately and automatically as foreseen in the Commission proposal but only if and once their responsibly for the accident has been established. Likewise, carriers should only be liable for lost and damaged luggage if they are responsible for the loss or damage.

-    Rights of disabled people and people with reduced mobility: Parliament deleted Article 11 paragraph 1 point (a) providing for the possibility of carriers to refuse reservations from disabled persons due to safety requirements. Other provisions in Article 11 were aligned with the wording of the proposal for passenger rights in maritime transport. Parliament also adopted amendments in view of 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. Moreover, it was clarified that the rules concerning accessibility must be established in co-operation with representative organisations of disabled persons and PRM. Finally, a set of amendments would require carriers to provide information in accessible formats.

-    Reimbursement and compensation for delays and cancellations: Parliament reduced the amount of compensation due for cancellations and long delays (in case the undertaking fails to provide either alternative services or adequate information) from 100% to 50% of the ticket price, since it would be payable in addition to reimbursement of the ticket. However, it introduced provisions ensuring that passengers are offered meals, refreshments, accommodation and transport to a place from where the journey can be continued, if necessary.

-    Further amendments: The remaining amendments 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 carriers and consumer organisations. Furthermore, a requirement was introduced for carriers to publish an annual report about their treatment of complaints. Finally, the date of application of the forthcoming Regulation was postponed from 1 to 2 years after its entry into force in order to allow carriers to adapt to the new requirements.

Council position at first reading

The Council at first reading substantially modified core elements of the draft Regulation. Several major provisions contained in both the Commission proposal and the EP position at first reading were watered down or entirely deleted, which would result in a considerable reduction of the level of passenger protection. Consequently, the vast majority of the EP's amendments were not taken on board by the Council. The major changes introduced by Council are the following:

-    Scope: The Council position gives Member States the possibility to exempt urban, suburban and regional regular services, including cross-border services, from the application of the Regulation. The Commission proposal included a possibility to exempt such services, but only if they are covered by public services contracts ensuring a comparable level of passengers' rights, whereas Parliament's position would only allow for urban and suburban services to be exempted. Additionally, Member States may exempt domestic regular services for a period up to 15 years as well as international services of which a significant part is operated outside the Union (for an indefinite period). These would represent significant limitation of the scope of application the Regulation.

-    Liability: The Commission proposal and EP position at first reading contained a chapter with detailed rules on obligations of carriers with regards to compensation and assistance in the event of an accident. The Council position has replaced this by a reference to applicable national law and an obligation for Member States to ensure that any maximum compensation under national law has to be no less than 220.000 EUR per passenger and 500 EUR per piece of luggage in urban, suburban and regional services (1.200 EUR for all other transport services). The Council position has also substituted the advance payment requirement by the obligation for carriers to provide assistance to meet the immediate practical needs of passengers following an accident.

-    Rights of disabled people and people with reduced mobility: In this area, the Council integrated some of the EP's amendments at first reading such as AM 26 and 27 on vehicle design and infrastructure, AM 29 on accompanying persons, AM 31 and 32 on access rules as well as AM 36 concerning the publication of designated terminals. However, the Council text fails to take on board the remaining amendments and, in addition, modifies parts of the original proposal in a way that would weaken the rights of disabled persons and PRM. Most importantly, it introduces an Article which would allow Member States to exempt all domestic services from the application of all provisions concerning disabled persons and PRM.

-    Reimbursement and compensation for delays and cancellations: The Council text also weakens the rights of passengers in the event of cancellations and delays, for instance by deleting the provisions requiring the payment of compensation, free accommodation and transportation to a place from where the journey can be continued. In addition, an Article with additional measures in favour of passengers was deleted.

-    Further issues: In several parts of the text, Council replaced a formulation by Parliament according to which information would have to be provided in accessible formats by adding the words "where feasible" and "upon request". It furthermore modified provisions concerning the complaint handling mechanism and failed to take on board the EP amendment requiring carriers to publish a report on their treatment of complaints. By contrast Council took over amendment 69 postponing the date of application of the Regulation.

Rapporteur's assessment and recommendations for second reading

Your rapporteur shares the Commission's deep concerns with regard to the substantial modifications introduced by Council. The limitations in scope would result in the majority of bus and coach services being exempted from the Regulation's provisions. In addition, the Council text foresees for those services remaining within the scope of the Regulation the possibility of temporary exemptions for up to 15 years for national, and for an indefinite period for certain international services. Moreover, national services could be exempted from all provisions laying down rights for disabled persons and PRM. Consequently, your rapporteur considers that, if adopted, the Council text would not require any significant changes of the status quo.

Despite the above limitations in scope, the Council also watered down or cancelled a number of core provisions of the Commission proposal and failed to take into account most EP amendments. The provisions concerned are, among others, those on liability in the event of death and injury, the liability for lost and damaged luggage, compensation and assistance in the event of delays and cancellations as well as the rights of disabled persons and PRM.

Your rapporteur is aware of the need to preserve the economic viability of the operators and to take into account the specificities of the bus and coach industry, which consists largely of small and medium-sized operators. However, at the same time, the new Regulation must ensure a reasonable level of passenger protection which is comparable to that already in place for other transport modes. Therefore, the rapporteur proposes amendments, which would re-establish the scope and, the majority of substantive requirements as contained in Parliament's position at first reading.

The rapporteur will conduct negotiations with the Council on that basis. He regards it as an essential precondition for their successful conclusion that the Council raises its level of ambition in particular concerning the scope and the provisions for disabled persons and PRM.

PROCEDURE

Title	Rights of passengers in bus and coach transport
References	05218/3/2010 – C7-0077/2010 – 2008/0237(COD)
Date of Parliament’s first reading – P number	23.4.2009                     T6-0281/2009
Commission proposal	COM(2008)0817 - C6-0469/2008
Date receipt of common position announced in plenary	25.3.2010
Committee responsible        Date announced in plenary	TRAN 25.3.2010
Rapporteur(s)        Date appointed	Antonio Cancian 11.12.2008
Previous rapporteur(s)	Gabriele Albertini
Discussed in committee	3.5.2010		31.5.2010
Date adopted	1.6.2010
Result of final vote	+: –: 0:	36 0 4
Members present for the final vote	Inés Ayala Sender, Georges Bach, Izaskun Bilbao Barandica, Antonio Cancian, Michael Cramer, Ryszard Czarnecki, Luis de Grandes Pascual, Christine De Veyrac, Saïd El Khadraoui, Ismail Ertug, Carlo Fidanza, Jacqueline Foster, Mathieu Grosch, Ville Itälä, Dieter-Lebrecht Koch, Georgios Koumoutsakos, Werner Kuhn, Jörg Leichtfried, Marian-Jean Marinescu, Gesine Meissner, Vilja Savisaar, Olga Sehnalová, Debora Serracchiani, Brian Simpson, Dirk Sterckx, Silvia-Adriana Ţicău, Thomas Ulmer, Peter van Dalen, Dominique Vlasto, Artur Zasada, Roberts Zīle
Substitute(s) present for the final vote	Jean-Paul Besset, Spyros Danellis, Anne E. Jensen, Gilles Pargneaux, Dominique Riquet, Alfreds Rubiks, Sabine Wils, Corien Wortmann-Kool
Substitute(s) under Rule 187(2) present for the final vote	Birgit Sippel