Index 
Texts adopted
Thursday, 15 November 2018 - Strasbourg
Vietnam, notably the situation of political prisoners
 The human rights situation in Cuba
 The human rights situation in Bangladesh
 Rail passengers' rights and obligations ***I
 Persistent organic pollutants ***I
 Care services in the EU for improved gender equality
 Lyme disease (Borreliosis)

Vietnam, notably the situation of political prisoners
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European Parliament resolution of 15 November 2018 on Vietnam, notably the situation of political prisoners (2018/2925(RSP))
P8_TA(2018)0459RC-B8-0526/2018

The European Parliament,

–  having regard to its previous resolutions, notably those of 14 December 2017 on freedom of expression in Vietnam, notably the case of Nguyen Van Hoa(1), and of 9 June 2016 on Vietnam(2), in particular regarding freedom of expression,

–  having regard to the EU-Vietnam Partnership and Cooperation Agreement signed on 27 June 2012,

–  having regard to the 7th EU-Vietnam Human Rights Dialogue of 1 December 2017,

–  having regard to the statements by the Spokesperson of the EEAS of 9 February 2018 on the sentencing of human rights defenders in Vietnam and of 5 April 2018 on the sentencing of human rights activists in Vietnam,

–  having regard to the local EU statement of 20 August 2018 on the recent conviction of Mr Le Dinh Luong,

–  having regard to the EU Guidelines on Human Rights Defenders,

–  having regard to the statements of UN experts of 23 February 2018 urging the release of activists jailed for protesting a toxic spill, and of 12 April 2018 calling for change after the jailing of rights defenders,

–  having regard to the Universal Declaration of Human Rights of 1948,

–  having regard to the International Covenant on Civil and Political Rights (ICCPR), to which Vietnam acceded in 1982,

–  having regard to the decision of the European Ombudsman of 26 February 2016 in case 1409/2014/MHZ on the European Commission’s failure to carry out a prior human rights impact assessment of the EU-Vietnam Free Trade Agreement,

–  having regard to Rules 135(5) and 123(4) of its Rules of Procedure,

A.  whereas according to the Vietnamese Political Prisoner Database, compiled by The 88 Project, an estimated 160 activists are serving prison sentences in Vietnam and around 16 activists are being held in pre-trial detention;

B.  whereas Vietnamese authorities continue to imprison, detain, harass and intimidate human rights defenders, journalists, bloggers, human rights lawyers and civil society activists in the country; whereas human rights defenders have faced long prison sentences for their human rights work and for exercising their fundamental right to freedom of expression, either online or offline, in contravention of the country’s obligations under international law;

C.  whereas political and human rights activists face harsh conditions in detention, including denial of access to medical care, legal counsel and family contact;

D.  whereas freedom of religion or belief is repressed in Vietnam and the Catholic Church and non-recognised religions, such as the Unified Buddhist Church of Vietnam, several Protestant churches and others, including ethnic minority Montagnards, continue to suffer severe religious persecution;

E.  whereas Hoang Duc Binh was sentenced to 14 years in prison for blogging about protests regarding the Formosa disaster; whereas Nguyen Nam Phong was sentenced to two years in prison for allegedly refusing to obey orders from public officials while driving to a protest; whereas their efforts have been key in raising awareness and ensuring accountability in relation to the Formosa steel plant spill;

F.  whereas in April 2018 members of the Brotherhood for Democracy were sentenced to prison terms of between seven and 15 years as part of an extensive enforcement of the national security provisions of the Criminal Code; whereas in September 2018 Nguyen Trung Truc, another member of this group, was sentenced to a 12-year prison term on charges of trying to overthrow the state;

G.  whereas Mr Le Dinh Luong, a human rights defender who has peacefully advocated the promotion and protection of human rights, was sentenced on 16 August 2018 under the national security provisions of the Criminal Code to 20 years in prison and five years of house arrest; whereas representatives of the EU delegation and of EU Member States’ embassies were not allowed to observe the trial; whereas many other cases exist of human rights defenders and other prisoners of conscience suffering a similar fate;

H.  whereas on 12 April 2018 a group of UN experts, the Special Rapporteur on the situation of human rights defenders, the Chair-Rapporteur of the Working Group on Arbitrary Detention and the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, urged Vietnam not to crack down on civil society or stifle dissent;

I.  whereas the Criminal Code of Vietnam contains repressive provisions which are abusively used to silence, arrest, detain, sentence or restrict the activity of human rights activists, dissidents, lawyers, trade unions, religious groups and non-governmental organisations, notably those that express critical views of the Government of Vietnam;

J.  whereas the Vietnamese Government continues to prohibit the operation of independent or privately-owned media outlets and exerts strict control over radio and TV stations and printed publications; whereas in April 2016, the National Assembly passed a media law strongly restricting press freedom in Vietnam;

K.  whereas on 12 June 2018 Vietnam’s National Assembly passed a cyber-security law aimed at tightening online controls, which requires providers to delete posts considered ‘threatening’ to national security; whereas this law places harsh restrictions on freedom of expression online and aims at greatly threatening the right to privacy;

L.  whereas on 1 January 2018 Vietnam’s first ever law on belief and religion came into effect, obliging all religious groups in the country to register with the authorities and to inform them about their activities; whereas the authorities can reject or hinder registration applications and ban religious activities which they arbitrarily deem to be contrary to the ‘national interest’, ‘public order’ or ‘national unity’; whereas with this law, the government has institutionalised its interference in religious affairs and state supervision of religious groups;

M.  whereas Vietnam ranks 175th out of 180 on the Reporters Without Borders Press Freedom Index 2018;

N.  whereas the death penalty continues to be applied in Vietnam but the number of executions is unknown, since the Vietnamese authorities classify death penalty statistics as a state secret; whereas Vietnam reduced the number of crimes punishable by death from 22 to 18 in January 2018;

O.  whereas Vietnam has not yet ratified fundamental ILO conventions, namely Convention 98 on the Right to Organise and Collective Bargaining, Convention 105 on the Abolition of Forced Labour, and Convention 87 on the Freedom of Association and Protection of the Right to Organise;

P.  whereas the EU-Vietnam Human Rights Dialogue is an important avenue for ongoing comprehensive discussion of issues of concern to the EU, including the full respect of the fundamental rights to freedom of expression, association and peaceful assembly; whereas the relationship between the European Union and Vietnam must fundamentally be based on respect for human rights, democracy and the rule of law, and on upholding international standards in that regard;

Q.  whereas a clear link exists between the Partnership and Cooperation Agreement (PCA) and the EU-Vietnam Free Trade Agreement (FTA), whereby both parties committed to fulfil their human rights obligations;

1.  Condemns the continuing violations of human rights in Vietnam, including the sentencing, political intimidation, surveillance, harassment, assaults and unfair trials of political activists, journalists, bloggers, dissidents and human rights defenders for exercising their freedom of expression either online or offline, in clear violation of Vietnam’s international human rights obligations;

2.  Calls on the Vietnamese authorities to immediately and unconditionally release all human rights defenders and prisoners of conscience detained or sentenced for merely exercising their right to freedom of expression, including Hoang Duc Binh, Nguyen Nam Phong, Nguyen Trung Truc and Le Dinh Luong, and to drop all charges against them;

3.  Reiterates its call on the Vietnamese authorities to end all restrictions and acts of harassment against human rights defenders and to guarantee in all circumstances that they are able to carry out their legitimate human rights activities without fear of reprisal and free from all restrictions including judicial harassment; calls on the Government of Vietnam to remove all restrictions on freedom of religion and to put an end to the harassment of religious communities;

4.  Insists that the Vietnamese Government must ensure that the treatment of all detainees is in line with international standards; stresses the fact that the right to access lawyers, medical professionals and family members is an important safeguard against torture and ill treatment, and is critical to the right to a fair trial;

5.  Condemns the abuse of repressive legal provisions restricting fundamental rights and freedoms; calls on the authorities of Vietnam to repeal, review or amend all repressive laws, notably its Criminal Code, its law on cybersecurity and the law on belief and religion, and to ensure that all legislation is in conformity with international human rights standards and obligations, including the ICCPR, to which Vietnam is a party; calls on the government to bring legislation regulating public gatherings and demonstrations into conformity with the rights of free assembly and association;

6.  Calls on Vietnam to sign and ratify all relevant human right treaties of the United Nations and the Rome Statute of the International Criminal Court, as well as ILO Conventions No. 87, No. 98 and No. 105;

7.  Urges Vietnam to issue a standing invitation to the Special Procedures of the UN Human Rights Council, in particular the Special Rapporteur on freedom of opinion and expression and the Special Rapporteur on human rights defenders;

8.  Calls on the authorities of Vietnam to recognise independent labour unions;

9.  Calls for the EU to monitor and work with the authorities and all relevant stakeholders to improve the human rights situation in Vietnam;

10.  Reiterates its opposition to the death penalty in all circumstances; calls on the Vietnamese authorities to introduce an immediate moratorium on the use of the death penalty as a step towards abolition; calls on the authorities of Vietnam to review all death sentences in order to ensure that these trials adhered to international standards;

11.  Calls on the EEAS and the Commission to support civil society groups and individuals defending human rights in Vietnam in an active manner, including by calling for the release of human rights defenders and prisoners of conscience in all contacts they hold with Vietnamese authorities; urges the EU delegation in Hanoi to provide all appropriate support to imprisoned human rights defenders and prisoners of conscience, including by arranging prison visits, monitoring trials and providing legal assistance;

12.  Calls on EU Member States to intensify their efforts to press for concrete human rights improvements in Vietnam, including during the upcoming Universal Periodic Review of Vietnam at the UN Human Rights Council;

13.  Reiterates its call for an EU-wide ban on the export, sale, update and maintenance of any form of security equipment which can be or is used for internal repression, including internet surveillance technology, to states with a worrying human rights record;

14.  Welcomes the strengthened partnership and Human Rights Dialogue between the EU and Vietnam and recalls the importance of the Dialogue as a key instrument to be used in an efficient manner to accompany and encourage Vietnam in the implementation of necessary reforms; strongly encourages the Commission to monitor progress under the Dialogue through the introduction of benchmarks and monitoring mechanisms;

15.  Calls for the Vietnamese Government and the EU, as important partners, to commit to improving respect for human rights and fundamental freedoms in the country, as it is a cornerstone of the bilateral relations between Vietnam and the Union, notably in view of the ratification of the EU-Vietnam Free Trade Agreement (EVFTA) and in view of the EU-Vietnam Partnership and Cooperation Agreement (PCA);

16.  Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Secretary-General of the Association of Southeast Asian Nations (ASEAN), the Government and National Assembly of Vietnam, the United Nations High Commissioner for Human Rights and the Secretary-General of the United Nations.

(1) OJ C 369, 11.10.2018, p. 73.
(2) OJ C 86, 6.3.2018, p. 122.


The human rights situation in Cuba
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European Parliament resolution of 15 November 2018 on the human rights situation in Cuba (2018/2926(RSP))
P8_TA(2018)0460RC-B8-0528/2018

The European Parliament,

–  having regard to its previous resolutions on Cuba, in particular those of 17 November 2004 on Cuba(1), of 2 February 2006 on the EU’s policy towards the Cuban Government(2), of 21 June 2007 on Cuba(3), of 11 March 2010 on prisoners of conscience in Cuba(4), and of 5 July 2017 on the draft Council decision on the conclusion, on behalf of the European Union, of the Political Dialogue and Cooperation Agreement (PDCA) between the European Union and its Member States, of the one part, and the Republic of Cuba, of the other part(5), and Parliament’s consent thereto,

–  having regard to the election of Miguel Díaz-Canel as new President by the Cuban National Assembly of People’s Power on 19 April 2018,

–  having regard to the findings of the UN Committee on Enforced Disappearances on Cuba issued on 17 March 2017,

–  having regard to Opinion 59/2018 of the UN Working Group on Arbitrary Detention regarding Ariel Ruiz Urquiola, who is considered a prisoner of conscience by Amnesty International, adopted at its 82nd session from 20 to 24 August 2018,

–  having regard to the UN Human Rights Council’s Universal Periodic Reviews (UPRs) of Cuba carried out in May 2013 and May 2018,

–  having regard to the Human Rights Watch 2017 report on Cuba, and the statement made on 27 July 2018 by Erika Guevara-Rosas, Americas Director at Amnesty International, regarding 100 days of the new Cuban administration,

–  having regard to the monthly statements of the Cuban Commission for Human Rights and National Reconciliation (CCHRNC),

–  having regard to the International Covenant on Civil and Political Rights and other international human rights treaties and instruments,

–  having regard to the Constitution of Cuba,

–  having regard to the EU Guidelines on Human Rights Defenders,

–  having regard to the Universal Declaration of Human Rights, to which Cuba is a signatory,

–  having regard to Rules 135(5) and 123(4) of its Rules of Procedure,

A.  whereas human rights feature in the EU’s political dialogues as well as cooperation and trade agreements; whereas the indivisibility of human rights, including civil, political, economic, social and cultural rights, should be one of the main objectives of the European Union in its relations with Cuba;

B.  whereas on 5 July 2017 Parliament granted its consent to the EU-Cuba Political Dialogue and Cooperation Agreement (PDCA); whereas the PDCA clearly articulates its great concerns about the human rights situation in Cuba, and includes a suspension clause in the event of a violation of human rights provisions;

C.  whereas the human rights dialogue between the EU and Cuba, led by the EU Special Representative for Human Rights, began in 2015; whereas on 9 October 2018 the parties in the fourth EU-Cuba human rights dialogue addressed, among other matters, the topic of citizens’ participation in public affairs, including in the context of recent electoral processes, as well as freedom of association and expression and the possibility for human rights defenders and other sectors of civil society to freely associate, express their views and participate in public life; whereas it is unclear to Parliament if this meeting was in any respect conclusive; whereas no tangible results have been achieved as concerns human rights in Cuba, despite the setting up of the Human Rights Dialogue and Cuba’s re-election to the UN Human Rights Council for the period 2017-2019; whereas the political dialogue must include direct and intensive dialogue with civil society and the opposition without any restrictions;

D.  whereas the Cuban Government still refuses to recognise human rights monitoring as a legitimate activity and denies legal status to local human rights groups;

E.  whereas a constitutional referendum is due to take place on 24 February 2019; whereas the process of establishing the new constitution lacks proper nationwide consultation, ensuring that the Communist Party maintains its powerful role in society without a multi-party system, basic freedoms and political and civil rights, thus reinforcing centralised state ownership and the controlled economy; whereas the single-party political system is declared as ‘irrevocable’ in Article 3 and Article 224 states that it is prohibited for the current and future generations to change the irreversibility of socialism, as well as the current political and social system; whereas there seem to be other highly worrying provisions in the draft;

F.  whereas independent journalists, peaceful dissidents and human rights defenders documenting human rights abuses, who are mostly members of the democratic opposition, are being persecuted, arbitrarily detained or held in jail in Cuba; whereas, according to the CCHRNC, in October 2018 at least 202 arbitrary short-term arrests were carried out, for undoubtedly political reasons, of peaceful opponents and independent civil society activists exercising their basic rights of expression, assembly and political association;

G.  whereas one of these persons is Dr Eduardo Cardet, a national coordinator of the Christian Liberation Movement (MCL) who was sentenced to three years in prison for peacefully exercising his right to freedom of expression; whereas in November 2016 he was arrested on his return home from a trip to Miami; whereas Dr Cardet, who is considered a prisoner of conscience, is currently being detained in the Cuba Si prison in Holguín, where he is held in isolation, without access to family visits or phone calls;

H.  whereas Tomás Núñez Magdariaga, a member of the ‘Patriotic Union of Cuba’ (Unión Patriótica de Cuba, UNPACU) unofficial political opposition group went on a 62-day protest hunger strike and was released on 15 October 2018 thanks to international pressure; whereas Mr Magdariaga was found guilty of allegedly threatening a state official who ultimately confessed to fabricating the charges against him; whereas his case is another clear example of attempts to silence any dissenting ideas;

I.  whereas in October 2018 the Ladies in White were once again the main victims of political repression, and a number of members of the United Anti-totalitarian Forum (FANTU) were subject to repression in several provinces of the country;

J.  whereas all prisoners in Cuba must be guaranteed humane treatment; whereas the Cuban Government denies independent human rights groups access to prisons; whereas Cuban citizens do not benefit from due process guarantees, such as the right to fair and public hearings by a competent and impartial tribunal; whereas prisoners on conditional release are often subject to continued harassment by the authorities;

K.  whereas the UN Working Group on Arbitrary Detention has clearly stated that Cuban victims of arbitrary detention have the right to seek redress from the government that includes restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition;

L.  whereas there are signs of greater respect for freedom of religion in Cuba; whereas the Cuban authorities are, at the same time, still very restrictive with regard to the construction or reconstruction of Christian churches; whereas the church has gradually emerged as the largest civil-society actor and the key non-state social provider in Cuba, but its activities remain under tight control of the authorities;

M.  whereas closer political and economic relations with Cuba are, from the EU side, intended to help advance political reforms in the country in accordance with the aspirations of all its citizens; whereas economic and trade liberalisation should enable the country to move progressively towards the free social spaces, coexistence, technology and communications appreciated and demanded by the Cuban population;

N.  whereas Parliament has awarded its Sakharov Prize for Freedom of Thought to Cuban activists on three occasions: Oswaldo Payá in 2002, the Ladies in White in 2005 and Guillermo Fariñas in 2010; whereas it is still a regular occurrence that Sakharov laureates are prevented from leaving the country and participating in international events;

O.  whereas Parliament has on many occasions asked if it could send official delegations to Cuba; whereas the Cuban authorities have denied access to the country each time, even after the conclusion of the PDCA;

1.  Strongly condemns the arbitrary detention, persecution and harassment of, and attacks against, peaceful dissidents, independent journalists, human rights defenders and political opposition in Cuba; calls for an immediate end to these actions and the immediate release of all political prisoners, including Eduardo Cardet, and those arbitrarily detained solely for exercising their freedom of expression and assembly;

2.  Urges the EU Member States, the EEAS and its delegation in Cuba to firmly respect their basic principles and policies in relation to Cuba and to take all necessary action to seek the release of the aforementioned individuals, to ensure that the harassment of political opponents and human rights defenders ends immediately, and to assist and protect the latter;

3.  Calls on the Cuban authorities to improve prison conditions and the treatment of prisoners, and to allow international human rights groups and independent Cuban organisations access to the country’s prisons; underlines that imprisoning Cuban dissidents for their ideals and their peaceful political activity is contrary to the Universal Declaration of Human Rights;

4.  Regrets that, despite the adopted PDCA, the situation regarding human rights and democracy has not improved; calls for fulfilment of the binding obligations established in the PDCA between the EU and Cuba, in particular concerning respect for human rights and fundamental freedoms; stresses that the success of this agreement depends on its implementation and compliance with it;

5.  Recalls that the PDCA includes a provision for the suspension of the agreement that should be applied in the event of a violation of the provisions on human rights; insists therefore that the European Union closely follow and monitor respect for human rights and fundamental freedoms in Cuba when implementing the PDCA and that there are regular reports back to Parliament; invites VP/HR Federica Mogherini to inform Parliament in detail in plenary about the concrete steps being taken with the aim of meeting the above-mentioned requirement;

6.  Urges the Cuban Government to redefine its policy on human rights by aligning it with international human rights law and to allow active participation in political and social life by all civil society and opposition political actors, without imposing any restrictions; calls on Cuba to affirm its intent to ‘uphold the highest standards in the promotion and protection of human rights’ by ratifying the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, as well as their optional protocols;

7.  Reminds the Cuban authorities that freedom of movement and assembly is guaranteed under international human rights law, and that this freedom extends to activists and members of the democratic opposition;

8.  Strongly condemns the adoption of Decree 349, which undermines the right to artistic freedom in Cuba; calls on the Cuban authorities to take appropriate legislative measures to withdraw Decree 349 before it comes into force in December 2018; stresses that freedom of artistic expression is key to a viable and vibrant cultural sector that can create jobs, develop cultural industries and revitalise cultural heritage;

9.  Calls on the Cuban Government to stop imposing online censorship and stop blocking internet sites for the sole purpose of limiting political criticism and restricting access to information;

10.  Fully supports the findings of 17 March 2017 of the UN Committee on Enforced Disappearances on Cuba which urge Cuba to take the necessary measures to guarantee the full independence of its judicial system and to set up an independent National Institution of Human Rights in line with the Paris Principles;

11.  Expresses major concern regarding the new draft Constitution and the referendum planned for February 2019; stresses that the whole process lacks the inclusion, tolerance and respect for basic civil and political rights that could guarantee a democratic constitutional process; reiterates, in this sense, its determination to encourage a process of transition to a pluralist democracy and respect for human rights and fundamental freedoms involving all actors without exclusion, as stated in the Universal Declaration of Human Rights, and a lasting economic recovery aimed at improving the living standards of the Cuban population, in accordance with the aspirations of Cuban people; invites the relevant Cuban authorities to stipulate free and pluralistic elections in the new Constitution;

12.  Urges the European institutions and the Member States to assist the economic and political transition in Cuba towards a fully democratic regime that respects the basic rights of all its citizens; supports use of the various EU foreign policy instruments, and in particular the European Instrument for Democracy and Human Rights (EIDHR), in order to reinforce the EU’s dialogue with Cuban civil society and those who support a peaceful transition in Cuba;

13.  Calls on the Cuban authorities to abolish the death penalty for all crimes; calls for a moratorium on capital punishment until this legal change is formally adopted; calls for a review of all death sentences to ensure that the associated trials adhered to international standards and that not a single execution occurs in the future;

14.  Calls on the Cuban Government to allow churches to conduct their social care activities freely in Cuban society; calls for freedom of religion and conscience to be fully guaranteed;

15.  Calls on VP/HR Federica Mogherini to recognise the existence of a political opposition to the Cuban Government and to support its inclusion in the political dialogue between the EU and Cuba; reminds the European institutions that civil society and those awarded the Sakharov Prize are key actors for the democratisation of Cuba and that their voice must be heard and taken into account within the framework of bilateral relations; in this sense, calls on all EU Member State representatives to raise human rights concerns during visits with the Cuban authorities and to meet with the Sakharov Prize laureates when visiting Cuba in order to ensure the internal and external coherence of EU human rights policy;

16.  Deeply regrets the Cuban authorities’ refusal to allow European Parliament committees, delegations and some political groups to visit Cuba despite Parliament granting its consent to the PDCA; calls on the authorities to immediately allow entry to the country, including the possibility of visiting the island when the constitutional referendum is due to be held on 24 February 2019;

17.  Instructs its President to forward this resolution to the Government and National Assembly of People’s Power of Cuba, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Commission, the EU Special Representative for Human Rights, the governments and parliaments of the Member States, the United Nations High Commissioner for Human Rights and the governments of the Member States of the CELAC countries.

(1) OJ C 201 E, 18.8.2005, p. 83.
(2) OJ C 288 E, 24.11.2006, p. 81.
(3) OJ C 146 E, 12.6.2008, p. 377.
(4) OJ C 349 E, 22.12.2010, p. 82.
(5) OJ C 334, 19.9.2018, p. 99.


The human rights situation in Bangladesh
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European Parliament resolution of 15 November 2018 on the human rights situation in Bangladesh (2018/2927(RSP))
P8_TA(2018)0461RC-B8-0533/2018

The European Parliament,

–  having regard to its previous resolutions on Bangladesh of 6 April 2017(1) and 26 November 2015(2),

–  having regard to its resolution of 14 June 2017 on the state of play of the implementation of the Sustainability Compact in Bangladesh(3), and having regard to the Commission’s technical status report of 28 September 2018,

–  having regard to its resolution of 27 April 2017 on the EU flagship initiative on the garment sector(4),

–  having regard to the Cooperation Agreement of 2001 between the European Community and the People’s Republic of Bangladesh on Partnership and Development(5),

–  having regard to the International Labour Organisation Convention on Freedom of Association and Protection of the Right to Organise,

–  having regard to the Sustainability Compact for Continuous Improvements in Labour Rights and Factory Safety in the Ready-Made Garment and Knitwear Industry in Bangladesh,

–  having regard to the Bangladesh Accord on Fire and Building Safety of 2013, and its renewal in 2018,

–  having regard to the joint local statement of 27 September 2018 on the Bangladesh Digital Security Act by the Heads of Mission of the EU Member States, the European Union Delegation and the Heads of Mission of Norway and Switzerland,

–  having regard to the National Report of 26 February 2018 submitted to the UN Human Rights Council Universal Periodic Review (UPR) of Bangladesh,

–  having regard to the International Convention for the Protection of All Persons from Enforced Disappearance, adopted on 20 December 2006 by the UN General Assembly, and which entered into force on 23 December 2010,

–  having regard to the UN Guiding Principles on Business and Human Rights, endorsed by the UN Human Rights Council on 16 June 2011,

–  having regard to the Universal Declaration of Human Rights of 1948,

–  having regard to the International Covenant on Civil and Political Rights of 1966,

–  having regard to the UN Convention on the Rights of the Child,

–  having regard to the Bangladesh National Action Plan to Eliminate Child Marriage 2015-2021,

–  having regard to the recommendations of the 17th session of the UN Permanent Forum on Indigenous Issues (UNPFII),

–  having regard to the World Press Freedom Index 2018,

–  having regard to the Bangladesh Digital Security Act of 2018,

–  having regard to the Bangladesh Information and Communication Technology (ICT) Act, notably Section 57 thereof,

–  having regard to the EU Human Rights Guidelines of 12 May 2014 on Freedom of Expression Online and Offline,

–  having regard to Rule 135(5) and 123(4) of its Rules of Procedure,

A.  whereas the EU has long-standing relations with Bangladesh, including through the Cooperation Agreement on Partnership and Development; whereas respect for and promotion of human rights and democratic principles underpin the domestic and international policies of the parties and must be an essential part of EU external action;

B.  whereas the repression of members of civil society, including political activists, trade unionists, journalists, students, human rights defenders and minorities, has increased over the past years in Bangladesh; whereas UN human rights experts and international human rights groups have reported a discernible pattern in Bangladesh of extrajudicial executions, mass arbitrary arrests and enforced disappearances such as the cases of Maroof Zaman and Mir Ahmad Bin Quasem;

C.  whereas Bangladesh ranks 146th out of 180 in the World Press Freedom Index; whereas violations of fundamental freedoms and human rights, particularly violence, harassment, intimidation and censorship of journalists and bloggers, continue to be widespread in Bangladesh; whereas the Bangladesh ICT Act, in particular Section 57 thereof, has been used over the few past years to arrest and prosecute activists and journalists who have criticised the government;

D.  whereas the Digital Security Act, as passed by the Parliament of Bangladesh on 19 September 2018, fails to amend Section 57 of the ICT Act, in spite of the numerous criticisms by Bangladeshi journalists, civil rights activists and the international community;

E.  whereas internationally recognised and award-winning Bangladeshi photojournalist Shahidul Alam, a teacher and activist, was forcibly abducted from his home on 5 August 2018 and imprisoned under the ICT Act after speaking out on recent student protests in Bangladesh and criticising the use of violence by the authorities; whereas he has remained in detention and been denied bail several times; whereas he has allegedly been denied adequate medical treatment and subjected to torture;

F.  whereas terrorist attacks have seen the government pursue a strict ‘zero tolerance’ approach; whereas mobile networks in Bangladesh have been shut down, and Bangladeshi security forces have reportedly been trying to buy electronic surveillance equipment on the international market; whereas the Government of Bangladesh has embarked on a campaign of intensive and intrusive surveillance and monitoring of social media;

G.  whereas elections are due to be held in Bangladesh on 30 December 2018; whereas opposition leader and former Prime Minister Khaleda Zia is currently serving 10 years in jail for corruption and is barred from contesting the elections as a result; whereas she denies the charges, which her supporters claim were politically motivated;

H.  whereas women and girls in Bangladesh experience high levels of violence; whereas Bangladesh has the highest rate of child marriage in Asia and one of the highest in the world; whereas in 2017 the Government of Bangladesh passed the Child Marriage Restraint Act, which introduces exceptions in ‘special cases’, while failing to define such criteria or lay down a minimum age for such marriages;

I.  whereas in Bangladesh the death penalty can be applied for multiple crimes; whereas in 2017, six people were executed;

J.  whereas there has been a reported rise in cases of violence this year, in particular against indigenous women, as well as the harassment and arrest of indigenous rights activists in the Chittagong Hill Tracts area;

K.  whereas the EU is Bangladesh’s main trading partner and, as a least developed country (LDC), Bangladesh benefits from the most favourable regime available under the EU’s Generalised Scheme of Preferences (GSP), namely the Everything But Arms (EBA) arrangement;

L.  whereas Bangladesh is due to graduate out of LDC status in 2024; whereas an acceleration of reforms in human rights and labour rights, including eradicating child labour, is needed in the intervening years; whereas concerns remain around provisions in the Bangladesh Labour Act and draft Export Processing Zones Act;

M.  whereas, in the framework of the Sustainability Compact, the Accord on Fire and Building Safety in Bangladesh was signed between global apparel brands, retailers and trade unions; whereas to date, less than half of the factories covered by the accord have completed adequate safety measures; whereas the accord expired in October 2018, despite significant work remaining to be done; whereas the accord was succeeded by a Transition Accord to apply for three years;

N.  whereas the accord needs to be supported and all parties allowed to continue their work smoothly, including beyond November 2018; whereas only once the Government of Bangladesh and its Remediation Coordination Cell (RCC) have demonstrated both in word and in deed that they have met the readiness conditions and that these types of Responsible Business Conduct initiatives might no longer be needed;

O.  whereas in 2018 Bangladesh received a massive influx of over 700 000 Rohingya refugees escaping a campaign of ethnic cleansing by the Burmese military, and who remain in dire need of humanitarian assistance; whereas Bangladesh and Myanmar reached an agreement on 30 October 2018 on starting the repatriation of Rohingya people back to Myanmar as of mid-November and without the consultation or the involvement of the UN Refugee Agency (UNHCR);

1.  Expresses serious concern at the deteriorating human rights situation in Bangladesh and, in particular, at the ongoing crackdown on the freedom of expression and assembly against the media, students, activists, and the opposition; condemns the fact that people are being arrested and subjected to violence for exercising their freedom of expression to criticise the government; is extremely concerned at reports that the use of torture is becoming endemic;

2.  Notes that the UN UPR of May 2018 praised Bangladesh for its ‘remarkable progress’ in improving human rights in recent years; urges the Government of Bangladesh to implement the recommendations of the UPR, particularly in areas such as the independence of the judiciary, civil and political rights, freedom of the media, economic, social and cultural rights, and the rights of women and girls;

3.  Calls on the Bangladeshi authorities to conduct independent investigations into reports of extrajudicial killings, enforced disappearances and excessive use of force, including the cases of Maroof Zaman and Mir Ahmad Bin Quasem, and to bring those responsible to justice in accordance with international standards; further calls on Bangladesh to ratify the International Convention for the Protection of All Persons from Enforced Disappearance, and to incorporate its provisions into national law;

4.  Calls on the Bangladeshi authorities to immediately and unconditionally release Shahidul Alam, drop all charges against him, and allow him to continue his legitimate human rights work; insists that the Bangladeshi authorities must take all necessary measures to guarantee Shahidul Alam’s physical and psychological integrity and security, as well as that of his family, and ensure that, while in detention, Shahidul Alam is treated in a manner that adheres to international principles and standards; calls on the Bangladeshi authorities to launch an immediate and public investigation into the allegations that Shahidul Alam has been tortured, and to bring the perpetrators to justice;

5.  Expresses deep concern at the ICT Act, not only as it has already had a severe impact on the work of journalists, bloggers and commentators but also as it penalises the legitimate exercise of the right to freedom of expression by any individual, including on social media; is of the view that Section 57 of the ICT Act is incompatible with the fundamental rights of freedom of expression and to a fair trial;

6.  Deeply regrets the government’s decision to enact the Digital Security Act, which actually expands and reinforces the powers of the police to crack down on free speech, including on social media, ahead of national elections in 2018; calls on the Bangladeshi authorities to urgently revise the Digital Security Act and the ICT Act and bring them into line with the international conventions on human rights to which Bangladesh is a party;

7.  Hopes that the next general election will be peaceful, transparent and participatory so that citizens can express a genuine political choice; calls on the political forces to refrain from any violence or instigation of violence during the electoral period;

8.  Appreciates the constructive role played by Bangladesh under difficult circumstances in accepting the reception of Rohingya refugees; urges the authorities to provide more land to reduce overcrowding and improve the squalid conditions in the camps; urges the authorities to ease the bureaucratic restrictions they are imposing on humanitarian organisations; urges the Governments of Bangladesh and Myanmar to immediately reconsider the decision to start repatriating Rohingya refugees, since the conditions for a safe, dignified and voluntary return have not yet been met;

9.  Calls for the EU and other international donors to step up their efforts in providing the necessary financial and material aid to Rohingya refugee camps in Bangladesh;

10.  Insists that Bangladesh comply with its commitments under the EBA scheme in relation to democracy, human rights and the rule of law;

11.  Reiterates its call for the abolition of the death penalty in Bangladesh;

12.  Expresses serious concern at the annulment of the Transition Accord, which is due to take effect on 30 November 2018; notes that the RCC does not yet have the capacity to monitor and enforce health and safety requirements, with the serious implications for the safety and rights of factory workers that this entails; urges the Government of Bangladesh to immediately recognise and implement the Transition Accord and show greater readiness to take over all of the functions of the accord; calls on donors to support the Government of Bangladesh in order to make this possible; further calls on the Commission and the European External Action Service (EEAS) to continue their capacity-building work with the RCC;

13.  Calls on the Government of Bangladesh to adopt legislative changes to the Bangladesh Labour Act and its implementing rules to bring them into line with the ILO’s international labour standards, and to allow full freedom of association; calls on the Government of Bangladesh to take the necessary steps to effectively address all acts of anti-union discrimination, including acts of violence and intimidation;

14.  Expresses concern that while the 2017 Child Marriage Restraint Act includes provisions on strengthening prevention, and on the prosecution of offenders, it nevertheless contains a clause allowing marriage under the age of 18 under special circumstances with parental consent and court permission; calls for this loophole to be closed as a matter of urgency in the interests of child protection;

15.  Urges the Bangladeshi authorities to continue to address human rights challenges; notes that human rights issues will be further discussed at the EU-Bangladesh Joint Commission, to be held in Dhaka in the first half of 2019;

16.  Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the European Commission / High Representative of the Union for Foreign Affairs and Security Policy, the EU Special Representative for Human Rights, and the Government and Parliament of Bangladesh.

(1) European Parliament resolution of 6 April 2017 on Bangladesh, including child marriages (OJ C 298, 23.8.2018, p. 65).
(2) European Parliament resolution of 26 November 2015 on freedom of expression in Bangladesh (OJ C 366, 27.10.2017, p. 135).
(3) OJ C 331, 18.9.2018, p. 100.
(4) OJ C 298, 23.8.2018, p. 100.
(5) OJ L 118, 27.4.2001, p. 48.


Rail passengers' rights and obligations ***I
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Resolution
Consolidated text
European Parliament legislative resolution of 15 November 2018 on the proposal for a regulation of the European Parliament and of the Council on rail passengers’ rights and obligations (recast) (COM(2017)0548 – C8-0324/2017 – 2017/0237(COD))
P8_TA(2018)0462A8-0340/2018

(Ordinary legislative procedure – recast)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2017)0548),

–  having regard to Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal (C8‑0324/2017),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 18 January 2018(1),

–  after consulting the Committee of the Regions,

–  having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts(2),

–  having regard to the letter of 24 July 2017 from the Committee on Legal Affairs to the Committee on Transport and Tourism in accordance with Rule 104(3) of its Rules of Procedure,

–  having regard to Rules 104 and 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on the Internal Market and Consumer Protection (A8-0340/2018),

A.  whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the Commission proposal does not include any substantive amendments other than those identified as such in the proposal, and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;

1.  Adopts its position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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

Position of the European Parliament adopted at first reading on 15 November 2018 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council on rail passengers’ rights and obligations (recast)

P8_TC1-COD(2017)0237


(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91(1) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(3),

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1)  A number of amendments are to be made to Regulation (EC) No 1371/2007 of the European Parliament and of the Council(4) in order to provide improved protection for passengers and encourage increased rail travel, with due regard to Articles 11, 12 and 14 of the Treaty on the Functioning of the European Union in particular. In view of these amendments and in the interests of clarity, that Regulation (EC) No 1371/2007 should therefore be recast. [Am. 1]

(2)  In the framework of the common transport policy, it is important to safeguard users’ rights for rail passengers and to improve the quality and effectiveness of rail passenger services in order to help increase the share of rail transport in relation to other modes of transport.

(3)  Despite considerable progress made in protecting consumers in the Union, further improvements are still to be made in protecting the rights of rail passengers are still to be made and in ensuring they are compensated for delays, cancellations and any material damage. [Am. 2]

(4)  Since the rail passenger is the weaker party to the transport contract, passengers’ rights in this respect should be safeguarded.

(5)  Granting the same rights to rail passengers taking international and domestic journeys should raise the level of consumer protection passenger rights in the Union, ensure a level playing-field for railway undertakings and guarantee a uniform level of rights forin particular as regards their access to information and compensation in case of delay or cancellation. Passengers should receive as precise information as possible on their rights. [Am. 3]

(5a)   This Regulation should not adversely affect the ability of the Member States or competent authorities to establish social tariffs for services regulated under a public service obligation, and for commercial services. [Am. 4]

(6)  Urban, suburban and regional rail passenger services are different in character from long-distance services. Member States should therefore be allowed to exempt urban, suburban and regional rail passenger services which are not cross‑border services within the Union from certain provisions on passengers' rights. [Am. 136]

(7)  It is an aim of this Regulation to improve rail passenger services within the Union. Therefore, Member States should be able to grant exemptions for services in regions where a significant part of the service is operated outside the Union, provided that an adequate level of passenger rights is ensured on the part of such services provided on those Member States' territory, in accordance with their national law.

(8)  However, the exemptions should not apply to the provisions of this Regulation that facilitate the use of rail services by persons with disabilities or persons with reduced mobility. Furthermore, exemptions should not apply to the rights of those wishing to purchase tickets for travel by rail to do so without undue difficulty, to the provisions on railway undertakings’ liability in respect of passengers and their luggage, to the requirement that railway undertakings be adequately insured, and to the requirement that they take adequate measures to ensure passengers’ personal security in railway stations and on trains and to manage risk. [Am. 6]

(9)  Users’ rights to rail services include the receipt of information regarding the service those services and related matters both before and during the journey. Whenever possible, Railway undertakings and ticket vendors should provide this information in advance and as soon as possible, in advance, or at least at the start of the journey. That information should be provided in accessible formats for persons with disabilities or persons with reduced mobility and should be publicly available. Railway undertakings should provide this information to ticket vendors and other railway undertakings selling their services. [Am. 7]

(9a)   Access to all real-time operational data and tariffs on non-discriminatory and viable terms makes rail travel more accessible to new customers and provides them with a wider range of journey possibilities and tariffs to choose from. Railway undertakings should provide ticket vendors with their operational and tariff data in order to facilitate rail travel. Efforts should be made to allow passengers to book through-tickets and optimal single rail journeys. [Am. 8]

(9b)   Intensive multimodal passenger transport will help to achieve climate goals. Railway undertakings should also therefore advertise combinations with other modes of transport so that rail users are aware of them before making their travel reservations. [Am. 9]

(9c)  Well-developed multimodal passenger transport systems will help to achieve climate goals. Railway undertakings should therefore also advertise combinations with other modes of transport so that rail users are aware of them before making their travel reservations. [Am. 10]

(10)  More detailed requirements regarding the provision of travel information are set out in the technical specifications for interoperability (TSIs) referred to in Commission Regulation (EU) No 454/2011(5).

(11)  Strengthening of the rights of rail passengers should build on the existing international law contained in Appendix A — Uniform rules concerning the Contract for International Carriage of Passengers and Luggage by Rail (CIV) to the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980, as modified by the Protocol for the modification of the Convention concerning International Carriage by Rail of 3 June 1999 (1999 Protocol). However, it is desirable to extend the scope of this Regulation and protect not only international passengers but domestic passengers too. On 23 February 2013, the Union acceded to the COTIF.

(12)  In the context of the sale of tickets for the transport of passengers, Member States should take all necessary measures to prohibit discrimination on the basis of nationality or residence, regardless whether the passenger concerned is present, permanently or on a temporary basis, in another Member State. Those measures should cover all covert forms of discrimination which, by the application of other criteria, such as residence, physical or digital location, may have the same effect. In light of the development of online platforms selling passenger transport tickets, Member States should pay special attention to ensuring that no discrimination occurs during the process of accessing online interfaces or purchasing tickets. However, transport schemes involving social tariffs should not be automaticallyprecluded, provided that they are proportionate andindependent of the nationality of the persons concerned. [Am. 11]

(13)  The increasing popularity of cycling across the Union has implications for overall mobility and tourism. An increase in the use of both railways and cycling in the modal split reduces the environmental impact of transport. Therefore, railway undertakings should facilitate the combination of cycling and train journeys as much as possible, in particular by allowingthey should provide sufficient bicycle stands for the carriage of assembled bicycles in areas intended for that purpose on board all types of passenger trains, including high speed, long distance, cross-border and local services. Passengers should be informed of the space available for bicycles. These requirements should apply to all railway undertakings from ... [two years after the date of entry into force of this Regulation]. [Am. 12]

(14)  Railway undertakings should facilitate the transfer of rail passengers from one operator to another by the provision of through‑tickets, whenever possible. [Am. 13]

(15)  In the light of the United Nations Convention on the Rights of Persons with Disabilities and in order to give persons with disabilities and persons with reduced mobility opportunities for rail travel comparable to those of other citizens, rules for non-discrimination and assistance during their journey should be established. Persons with disabilities and persons with reduced mobility, whether caused by disability, age or any other factor, have the same right as all other citizens to free movement and to non-discrimination. Inter alia, special attention should be given to the provision of information to persons with disabilities and persons with reduced mobility concerning the accessibility of rail services, access conditions of rolling stock and the facilities on board. In order to provide passengers with sensory impairment with the best information on delays, visual and audible systems should be used, as appropriate. Persons with disabilities and persons with reduced mobility should be enabled to buy tickets on board a train without extra charges. which are appropriate and comprehensible to those passengers. Staff should be adequately trained to respond to the needs of persons with disabilities and persons with reduced mobility, notably when providing assistance. To ensure equal travel conditions, such persons should be provided, free of charge, with assistance at stations and on to board at all times when trains operate and not only at certain times of the day and disembark. [Am. 14]

(15a)  If no accessible ticket vending facilities are available at the station, persons with disabilities and persons with reduced mobility should be able to purchase tickets on board the train. [Am. 15]

(16)  Railway undertakings and station managers should take into account the needs of persons with disabilities and persons with reduced mobility, through compliance with the TSI for persons with reduced mobilityCommission Regulation (EU) No 1300/2014 (TSI)(6) and Directive XXX when complementing TSI. In addition, in accordance with Union public procurement rules, in particular Directive 2014/24/EU of the European Parliament and of the Council(7), all buildings and rolling stock should be made accessible through the progressive elimination of physical obstacles and functional hindrances when acquiring new material or carrying out construction or major renovation work. [Am. 16]

(17)  It is desirable that this Regulation create a system of compensation for passengers in the case of delay which is linked to the liability of the railway undertaking, on the same basis as the international system provided by the COTIF and in particular CIV Uniform Rules thereto relating to passengers' rights. Purchased tickets should be fully refundable. In the event of a delay of a passenger service, railway undertakings should provide passengers with compensation based on a percentage up to 100 % of the ticket price. [Am. 17]

(18)  Railway undertakings should be obliged to be insured, or to make equivalent arrangements, for their liability to rail passengers in the event of accident. Where Member States set a maximum amount for compensatory damages in the event of death or personal injury to passengers, that amount should be at least equivalent to the amount set out in the CIV Uniform Rules. Member States should have the possibility to increase the amount for compensatory damages in the event of death or personal injury to passengers at any time. [Am. 18]

(19)  Strengthened rights of compensation and assistance in the event of delay, missed connection or cancellation of a service should lead to greater incentives for the rail passenger market, to the benefit of passengers.

(20)  In the event of delay, passengers should be provided with continued or re-routed transport options under comparable transport conditions. The needs of appropriate information for persons with disabilities and persons with reduced mobility should in particular be taken into account in such an event. [Am. 19]

(20a)   The interpretation of journey or combined journey should include all situations with realistic or applicable minimum connection times when originally booked, taking into account any relevant factors such as the size and location of the respective stations and platforms concerned. [Am. 137]

(21)  However, a railway undertaking should not be obliged to pay compensation if it can prove that the delay was caused by severe weather conditions or major natural disasters endangering the safe operation of the service. Any such event should have the character of an exceptional natural catastrophe, as distinct from normal seasonal weather conditions, such as autumnal storms or regularly occurring urban flooding caused by tides or snowmelt. Railway undertakings should prove that they could neither foresee nor prevent the delay even if all reasonable measures had been taken. [Am. 20]

(22)  In cooperation with infrastructure managers and railway undertakings, station managers should prepare and make publicly available contingency plans to minimise the impact of major disruptions by providing stranded passengers with adequate information and care. [Am. 21]

(23)  This Regulation should not restrict the rights of railway undertakings, ticket vendors, railway station or infrastructure managers to seek compensation, where applicable, from any person, including third parties, in accordance with applicable national lawfor meeting their obligations to passengers under this Regulation. [Am. 22]

(24)  Where a Member State grants railway undertakings an exemption from the provisions of this Regulation, it should encourage railway undertakings, in consultation with organisations representing passengers, to put in place arrangements for compensation and assistance in the event of major disruption to a rail passenger service.

(25)  It is also desirable to relieve accident victims and their dependants of short-term financial concerns in the period immediately after an accident.

(26)  It is in the interests of rail passengers that adequate measures be taken, in agreement with public authorities, to ensure their personal security at stations as well as on board trains.

(27)  Rail passengers should be able to submit a complaint to any railway undertaking, ticket vendor, railway station or infrastructure manager involved regarding the rights and obligations conferred by this Regulation, and be entitled to receive a response within a reasonable period of time. [Am. 23]

(28)  Railway undertakings and station managers should define, make publicly available, manage and monitor service quality standards for rail passenger services including those for persons with disabilities and persons with reduced mobility. [Am. 24]

(29)  To maintain a high level of consumer protection in rail transport, Member States should be required to designate national enforcement bodies to monitor closely and enforce this Regulation at national level. Those bodies should be able to take a variety of enforcement measures and to provide the option for passengers of binding alternative dispute resolution in accordance with Directive 2013/11/EU of the European Parliament and of the Council(8). Passengers should be able to complain to those bodies about alleged infringements of the Regulation, and to use online dispute resolution established under Regulation (EU) No 524/2013 of the European Parliament and of the Council(9) where agreed. It should also be provided that complaints may be made by organisations representing groups of passengers. To ensure the satisfactory handling of such complaints, the bodies should also cooperate with each other and this Regulation should continue to be listed in the Annex to the Regulation (EU) 2017/2394 of the European Parliament and of the Council(10). Each year national enforcement bodies should publish reports with statistics on their websites detailing the number and type of complaints that they have received, and detailing the outcome of their enforcement actions. In addition, those reports should be made available on the website of the European Union Agency for Railways. [Am. 25]

(30)  Processing of personal data should be carried out in accordance with Union law on the protection of personal data, in particular with Regulation (EU) 2016/679 of the European Parliament and of the Council(11).

(31)  Member States should lay down penalties applicable to infringements of this Regulation and ensure that these penalties are applied. The penalties, which might include the payment of compensation to the person in question, should be effective, proportionate and dissuasive and should include, but not be limited to, a minimum fine or a percentage of the relevant undertaking’s or organisation’s annual turnover, whichever is the higher. [Am. 26]

(32)  Since the objectives of this Regulation, namely the development of the Union's railways and the introduction of passenger rights, cannot be sufficiently achieved by the Member States, and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

(33)  In order to ensure a high level of passenger protection, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated on the Commission to amend the Annexes I, II, and III in respect of the CIV Uniform Rules, the minimum information to be provided by railway undertakings and ticket vendors, on minimum service quality standards, and to adjust, in the light of inflation, the financial amounts referred to in the Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making(12). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(33a)  In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt a standardized Union complaint form that passengers may use to apply for compensation in accordance with this Regulation. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(13). [Am. 27]

(34)  This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular Articles 21, 26, 38 and 47 concerning, respectively, the prohibition of any form of discrimination, the integration of persons with disabilities, a high level of consumer protection, and the right to an effective remedy and to a fair trial. The Member States' courts must apply this Regulation in a manner consistent with these rights and principles,

HAVE ADOPTED THIS REGULATION:

Chapter I

General provisions

Article 1

Subject matter and objectives [Am. 28]

This Regulation establishes rules applicable to rail transport to provide for effective protection of passengers and encourage rail travel as regards the following: [Am. 29]

(a)  non-discrimination between passengers with regard to transport and ticketing conditions; [Am. 30]

(b)  the liability of railway undertakings and their insurance obligations for passengers and their luggage;

(c)  passengers’ rights in the event of an accident arising from the use of railway services and resulting in death, personal injury or loss of, or damage to, their luggage;

(d)  passengers’ rights and compensation in the event of disruption, such as cancellation or delay; [Am. 31]

(e)  minimum, accurate and timely information to be provided in accessible format to passengers, including the conclusion of transport contracts and the issuing of tickets; [Am. 32]

(f)  non-discrimination against, and mandatory assistance by trained staff for, persons with disabilities and persons with reduced mobility; [Am. 33]

(g)  the definition and monitoring of service quality standards and the management of risks to the personal security of passengers;

(h)  theproper procedures for filing and handling of complaints; [Am. 34]

(i)  general rules on enforcement.

Article 2

Scope

1.  This Regulation shall apply to domestic and international rail journeys and services throughout the Union provided by one or more railway undertakings licensed in accordance with Directive 2012/34/EU of the European Parliament and of the Council(14).

2.  Subject to paragraph 4, Member States may exempt the following services from the application of this Regulation:

(a)  urban, suburban and regional rail passenger services as referred to in Directive 2012/34/EU, except cross-border services within the Union; [Am. 138]

(b)  international rail passenger services of which a significant part, including at least one scheduled station stop, is operated outside the Union, provided that passengers’ rights are adequately ensured under relevant national law on the territory of the Member State granting the exemption; [Am. 36]

(ba)  domestic rail passenger services where such exemption was granted by Member States under Regulation (EC) No 1371/2007 for a maximum of 12 months after ... [date of entry into force of this Regulation]. [Am. 37]

3.  Member States shall inform the Commission of exemptions granted pursuant to points (a), and (b) and (ba) of paragraph 2, and on the adequacy of their national law on their territory for the purposes of point (b) of paragraph 2. [Am. 38]

4.  Articles 5, 10,6, 11 and 2512, 17 and Chapter V shall apply to all rail passenger services referred to in paragraph 1, including services exempted in accordance with points (a) and (b)point (a) of paragraph 2. [Am. 39]

4a.  This Regulation shall not apply to services which are operated strictly for their historical interest. [Am. 40]

Article 3

Definitions

For the purposes of this Regulation the following definitions apply:

(1)  ‘railway undertaking’ means a railway undertaking as defined in Article 3(1) of Directive 2012/34/EU;

(1a)  ‘carrier’ means the contractual railway undertaking with whom the passenger has concluded the transport contract or a series of successive railway undertakings which are liable on the basis of this contract; [Am. 41]

(1b)  ‘substitute carrier’ means a railway undertaking, which has not concluded a transport contract with the passenger, but to which the railway undertaking party to the contract has entrusted, in whole or in part, the performance of the transport by rail; [Am. 42]

(2)  ‘infrastructure manager’ means an infrastructure manager as defined in Article 3 of Directive 2012/34/EU;

(3)  ‘station manager’ means an organisational entity in a Member State, which has been made responsible for the management of a railway station and which may be the infrastructure manager;

(4)  ‘tour operator’ means an organiser or retailer, other than a railway undertaking, within the meaning of Article 3, points (8) and (9)point (8) of Directive (EU) 2015/2302 of the European Parliament and of the Council(15); [Am. 43]

(5)  ‘ticket vendor’ means any retailer of rail transport services concluding transport contracts and selling tickets, separate tickets or through-tickets on behalf of one or more a railway undertakingundertakings or for its own account; [Am. 44]

(5a)   'distributor' means a retailer of rail transport services selling tickets on behalf of a railway undertaking, and which does not have any obligation under the contract concluded between the passenger and the railway undertaking; [Am. 45]

(6)  ‘transport contract’ means a contract of carriage for reward or free of charge between a railway undertaking or a ticket vendor and the passenger for the provision of one or more transport services; [Am. 46]

(6a)   ‘ticket’ means a valid evidence that entitles the passenger to rail transport, regardless of its form, paper, e-Ticket, Smartcard, travel card; [Am. 47]

(6b)   ‘combined journey’ means a ticket or tickets representing more than one transport contract for successive railway services operated by one or more railway undertakings; [Am. 48]

(7)  ‘reservation’ means an authorisation, on paper or in electronic form, giving entitlement to transportation subject to previously confirmed personalised transport arrangements;

(8)  ‘through-ticket’ means a ticket or separate tickets representing a single or several transport contract contracts for successive railway services operated by one or more railway undertakings, purchased from the same ticket vendor, tour operator or railway undertaking for an end-to-end journey; [Am. 49]

(9)  ‘service’ means a passenger rail transport service that operates between rail stations or stops according to a timetable;

(10)  ‘journey’ means the carriage of a passenger between a station of departure and a station of arrival under a single transport contract; [Am. 50]

(11)  ‘domestic rail passenger service’ means a rail passenger service which does not cross a border of a Member State;

(12)  'international rail passenger service' means international rail passenger service as defined in Article 3(5) of Directive 2012/34/EU;

(13)  ‘delay’ means the time difference between the time the passenger was scheduled to arrive in accordance with the published timetable and the time of his or her actual or expected arrival at the final station of destination;

(13a)  'arrival' means the moment when, at the destination platform, the doors of the train are open and disembarkation is allowed; [Am. 51]

(14)  ‘travel pass’ or ‘season ticket’ means a ticket for an unlimited number of journeys which provides the authorised holder with rail travel on a particular route or network during a specified period;

(15)  ‘missed connection’ means a situation where, whether under a single transport contract or not, a passenger misses one or more services in the course of a journey or combined journey as a result of the delay or cancellation of one or more previous services; [Am. 139]

(16)  ‘person with disabilities’ and ‘person with reduced mobility’ means any person who has a permanent or temporary physical, mental, intellectual or sensory impairment which, in interaction with various barriers, may hinder their full and effective use of transport on an equal basis with other passengers or whose mobility when using transport is reduced due to age; [Am. 53]

(17)  ‘General Conditions of Carriage’ means the conditions of the railway undertaking in the form of general conditions or tariffs legally in force in each Member State and which have become, by the conclusion of the contract of carriage, an integral part of it;

(18)  ‘vehicle’ means a motor vehicle or a trailer carried on the occasion of the carriage of passengers;

(19)  ‘CIV Uniform Rules’ means the Uniform Rules concerning the Contract for International Carriage of Passengers and Luggage by Rail (CIV), as set out in Appendix A to the Convention concerning International Carriage by Rail (COTIF).

Chapter II

Transport contract, information and tickets

Article 4

Transport contract

Subject to the provisions of this Chapter, the conclusion and performance of a transport contract and the provision of information and tickets shall be governed by the provisions of Title II and Title III of Annex I.

Article 5

Non-discriminatory conditions of transport contract

Without prejudice to social tariffs, railway undertakings, tour operators or ticket vendors shall offer transport contract and ticketing conditions and tariffs to the general public and shall sell tickets, through-tickets and accept reservations from passengers in line with Article 10 of this Regulation, without direct or indirect discrimination on the basis of the final customer’s passenger's nationality or residence, or the place of establishment of the railway undertaking, tour operators or ticket vendor within the Union or the means through which passengers bought the ticket. [Am. 55]

Article 6

Bicycles

Passengers shall be entitled to take bicycles on board the train, where appropriate for a reasonable fee. They shall keep their bicycles under supervision during the journey and ensure that no inconvenience or damage is caused to other passengers, mobility equipment, luggage or rail operations.including on high-speed, long distance, cross-border and local services. All new or refurbished passenger trains shall at the latest by ... [two years after the date of entry into force of this Regulation] include a well indicated designated space for the carriage of assembled bicycles may be refused or restricted for safety or operational reasons, provided thatwith a minimum of eight spaces. Railway undertakings, ticket vendors, tour operators and, where appropriate, station managers shall inform passengers at the latest when purchasing the ticket of the conditions for such a refusal or restrictionbicycle carriage on all services in accordance with Regulation (EU) No 454/2011. [Am. 56]

Article 7

Exclusion of waiver and stipulation of limits

1.  Obligations towards passengers pursuant to this Regulation may not be limited or waived, notably by a derogation or restrictive clause in the transport contract. Any contractual conditions which purport directly or indirectly to waive, derogate from or restrict the rights resulting from this Regulation shall not be binding on the passenger. [Am. 57]

2.  Railway undertakings, tour operators or ticket vendors may offer contract conditions more favourable for the passenger than the conditions laid down in this Regulation. [Am. 58]

Article 8

Obligation to provide information concerning discontinuation of services

Railway undertakings or, where appropriate, competent authorities responsible for a public service railway contract shall make public by appropriate means, and without delay, including in accessible formats for persons with disabilities in accordance with accessibility requirements laid down in Directive XXX(16), and in Regulation (EU) No 1300/2014, and in good time before their implementation, proposals to discontinue or substantially reduce services either permanently or temporarily, and shall ensure that those proposals are subject to meaningful and proper consultation with stakeholders before any implementation takes place. [Am. 59]

Article 9

Travel information

1.  Railway undertakings, tour operators and ticket vendors offering transport contracts on their own behalf or on behalf of one or more railway undertakings shall provide the passenger, upon request, with at least the information set out in Annex II, Part I in relation to the journeys for which transport contracts are offered by the railway undertaking concerned. Ticket vendors offering transport contracts on their own account, and tour operators, shall provide this information where available. In order to ensure compliance with this Regulation, railway undertakings shall provide this information to ticket vendors and other railway undertakings, selling their service. [Am. 60]

2.  Railway undertakings, and, where possible,and where applicable, ticket vendors shall provide the passenger during the journey, including at connecting stations, with at least the information set out in Annex II, Part II. In order to ensure compliance with this Regulation, railway undertakings shall provide this information to ticket vendors and other railway undertakings, selling their service. [Am. 61]

3.  The information referred to in paragraphs 1 and 2 shall be provided in the most appropriate format including by usingby railway undertakings, tour operators and ticket vendors to passengers using easily accessible, commonly used and, concerning paragraph 2, in real-time, up-to-date communication technologies, and in writing, where possible, in order to provide passengers with all the information required by Annex II to this Regulation. Particular attention shall be paid to ensuring that this information is accessible to persons with disabilities in accordance with the accessibility requirements laid down in Directive XXX and, Regulation (EU) No 454/2011 and Regulation (EU) No 1300/2014. The availability of formats accessible to persons with reduced mobility shall be clearly advertised. [Am. 62]

4.  Railway undertakings, station managers and infrastructure managers shall make real-time data relating to trains, including those operated by other railway undertakings publicly available to railway undertakings and ticket vendors, in a non-discriminatory mannerin real-time so as to eliminate any discrimination between passengers. [Am. 63]

4a.  Railway undertakings in cooperation with station managers and infrastructure managers shall indicate in timetables information about accessible train connections and stations. [Am. 64]

Article 10

Availability of tickets, through‑tickets and reservations

1.  Railway undertakings and ticket vendors shall offer tickets and, where available, through‑tickets and reservations. They shall make all possible efforts to offer through‑tickets, including for journeys across borders and or involving night trains and journeys with more than one railway undertaking. [Am. 65]

2.  Without prejudice to paragraphs 3 and 4, railway undertakings and ticket vendors shall distribute tickets to passengers via at least one of the following points of sale:

(a)  ticket offices or ticketing machines;

(b)  telephone, the internet or any other widely available information technology;

(c)  on board trains.

Member StatesCompetent authorities referred to in Regulation (EC) No 1370/2007 of the European Parliament and of the Council(17) may require railway undertakings to provide tickets for services provided under public service contracts through more than one point of sale. [Am. 66]

3.  Railway undertakings shall offer the possibility to obtain tickets for the respective service on board the train, unless this is limited or denied on well justifiable grounds relating to security or antifraud policy or compulsory train reservation or reasonable commercial grounds, including limitation on space or seat availability. [Am. 67]

4.  Where there is no ticket office or ticketing machine in the station of departure, passengers shall be informed at the station:

(a)  of the possibility of purchasing tickets via telephone or the internet or on board the train, and of the procedure for such purchase;

(b)  of the nearest railway station or place at which ticket offices and/or ticketing machines are available.

5.  Where there is no ticket office or accessible ticketing machine in the station of departure, persons with disabilities and persons with reduced mobilityor any other means of purchasing tickets in advance, passengers shall be permitted to buy tickets on board the train at no extra cost. [Am. 68]

6.  Where a passenger receives separate tickets for a single journey or combined journey comprising successive railway services operated by one or more railway undertakings, his rights to information, assistance, care and compensation shall be equivalent to those under a through‑ticket and cover the whole journey or combined journey from the departure to the final destination, unless the passenger is explicitly informed otherwise in writing. Such information shall in particular state that when the passenger misses a connection, he or she would not be entitled to assistance or compensation based on the total length of the journey. The burden of proof that the information was provided shall lie with the railway undertaking, its agent, tour operator or ticket vendor. [Am. 140]

Article 10a

Provision of travel information through application programming interfaces

1.  Railway undertakings shall provide non-discriminatory access to all travel information, including real-time operational information on timetables and tariffs data, as referred to in Article 9, through application programming interfaces (APIs).

2.  Railway undertakings shall provide tour operators, ticket vendors and other railway undertakings, selling their service, non-discriminatory access to reservation systems through APIs, so that they can conclude transport contracts and issue tickets, through-tickets and reservations, in such a way that they provide the most optimal and cost-effective journey, including cross-border.

3.  Railway undertakings shall ensure that the technical specifications of the APIs are well-documented and openly accessible at no charge. The APIs shall make use of open standards, commonly used protocols and machine-readable formats to make them interoperable.

4.  Railway undertakings shall ensure that, except for emergency situations, any change to the technical specification of their APIs is made available to tour operators and ticket vendors in advance as soon as possible and no less than three months before a change is implemented. Emergency situations shall be documented and documentation shall be made available to the competent authorities upon request.

5.  Railway undertakings shall ensure that access to the APIs is provided in a non-discriminatory way, at the same level of availability and performance, including support, access to all documentation, standards, protocols and formats. Tour operators and ticket vendors shall not be disadvantaged as compared to the railway undertakings themselves.

6.  APIs shall be established in accordance with Commission Delegated Regulation (EU) 2017/1926(18). [Am. 70]

CHAPTER III

LIABILITY OF RAILWAY UNDERTAKINGS FOR PASSENGERS AND THEIR LUGGAGE

Article 11

Liability for passengers and luggage

Subject to the provisions of this Chapter, and without prejudice to applicable national law granting passengers further compensation for damages, the liability of railway undertakings in respect of passengers and their luggage shall be governed by Chapters I, III and IV of Title IV, Title VI and Title VII of Annex I.

Article 12

Insurance and coverage of liability in the event of passenger death or personal injury

A railway undertaking shall be adequately insured, in accordance with Article 22 of Directive 2012/34/EU and on the basis of an assessment of its risks, or make equivalent arrangements for cover of its liabilities under this Regulation.

Article 13

Advance payments

1.  If a passenger is killed or injured, the railway undertaking as referred to in Article 26(5) of Annex I shall without delay, and in any event not later than fifteen days after the establishment of the identity of the natural person entitled to compensation, make such advance payments as may be required to meet immediate economic needs on a basis proportional to the damage suffered.

2.  Without prejudice to paragraph 1, an advance payment shall not be less than EUR 21 000 per passenger in the event of death.

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 is not returnable, except in the cases where 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.

Article 14

Contestation of liability

Even if the railway undertaking contests its responsibility for physical injury to a passenger whom it conveys, it shall make every reasonable effort to assist a passenger claiming compensation for damage from third parties.

CHAPTER IV

DELAYS, MISSED CONNECTIONS AND CANCELLATIONS

Article 15

Liability for delays, missed connections and cancellations

Subject to the provisions of this Chapter, the liability of railway undertakings in respect of delays, missed connections and cancellations shall be governed by Chapter II of Title IV of Annex I.

Article 16

Reimbursement and re-routing

1.  Where it is reasonably to be expected, either at departure or in the event of a missed connection in the course of a journey with a through-ticket, that arrival at the final destination under the transport contract will be subject to a delay of more than 60 minutes or cancelled, the passenger shall immediately have the choice between one of the following: [Am. 71]

(a)  reimbursement of the full cost of the ticket, under the conditions by which it was paid, for the part or parts of his or her journey not made and for the part or parts already made if the journey is no longer serving any purpose in relation to the passenger’s original travel plan, together with, when relevant, a return service to the first point of departure at the earliest opportunity. The payment of the reimbursement shall be made under the same conditions as the payment for compensation referred to in Article 17;

(b)  continuation or re-routing, under comparable transport conditions and at no additional costs, to the final destination at the earliest opportunity, including in the event of missed connection due to delay or cancellation of the passengers’ earlier leg in the course of a journey. In such case, the passenger shall be allowed on the next service available to the final destination even if there is no specific reservation or the next train is operated by another railway undertaking; [Am. 72]

(c)  continuation or re-routing, under comparable transport conditions, to the final destination at a later date at the passenger’s convenience but no later than one month after the re-establishment of service. [Am. 73]

2.  For the purposes of point (b) of paragraph 1, comparable re-routing may be operated by any railway undertaking and may involve the use of transport of a higher class and alternative modes of land transport without generating additional costs to the passenger. Railway undertakings shall make reasonable efforts to avoid additional connections. The total travel time when using an alternative mode of transport for the part of the journey not completed as planned shall be comparable to the scheduled travel time of the original journey. Passengers shall not be downgraded to transport facilities of a lower class unless such facilities are the only re-routing means available. [Am. 74]

3.  Re-routing transport service providers shall pay particular attention to providingprovide to persons with disabilities and persons with reduced mobility with a comparable level of assistance and of accessibility to thewhen offering an alternative service. This alternative service may be common to all passengers or it may, upon decision of the carrier, be an individual means of transport adapted to the specific needs of certain persons with disabilities or with reduced mobility. [Am. 75]

Article 17

Compensation of the ticket price

1.  Without losingWhilst keeping the right of transport, a passenger may request compensation for delays from the railway undertaking if he or she is facing a delay between the places of departure and destination stated in the transport contracton the ticket or tickets representing a single or several transport contracts for which the cost of the ticket has not been reimbursed in accordance with Article 16. The minimum compensations for delays shall be as follows:

(a)  25 %50 % of the ticket price for a delay of 60 to 90 minutes;

(b)  50 %75 % of the ticket price for a delay of 91 minutes to 120 minutes or more;

(ba)  100 % of the ticket price for a delay of 121 minutes or more. [Am. 76]

2.  Paragraph 1 also applies to passengers who hold a travel pass or season ticket. If they encounter recurrent delays or cancellations during the period of validity of the travel pass, reduction card or season ticket, they may request adequate compensation in accordance with the arrangements set out in points (a), (b) and (ba) of paragraph 1. railway undertaking’s compensation arrangements. These arrangements shall state the criteria for determining delay and for the calculation of the compensation. Where delays of less than 60 minutes occur repeatedly during the period of validity of the travel pass or season ticket, the delays shall be counted cumulatively and passengers shall be compensated in accordance with the railway undertaking’s compensation arrangements. [Am. 77]

3.  Compensation for cancellation or delay shall be calculated in relation to the full price which the passenger actually paid for the cancelled or delayed service. Where the transport contract is for a return journey, compensation for cancellation or delay on either the outward or the return leg shall be calculated in relation to half of the price paid for the ticket. In the same way the price for a cancelled or delayed service under any other form of transport contract allowing travelling several subsequent legs shall be calculated in proportion to the full price. [Am. 78]

4.  The calculation of the period of delay shall not take into account any delay that the railway undertaking can demonstrate as having occurred outside the territories of the Union.

5.  The compensation of the ticket price shall be paid within one month after the submission of the request for compensation. The compensation may be paid in vouchers and/or other services if the terms are flexible (in particular regarding the validity period and destination). The compensation shall be paid in money at the request of the passenger.

6.  The compensation of the ticket price shall not be reduced by financial transaction costs such as fees, telephone costs or stamps. Railway undertakings may introduce a minimum threshold under which payments for compensation will not be paid. This threshold shall not exceed EUR 5 per ticket. [Am. 79]

7.  Passengers shall not have any right to compensation if he isthey are informed of a delay before he buysbuying a ticket, or if a delay due to continuation on a different service or re-routing remains below 60 minutes. [Am. 80]

8.  A railway undertaking shall not be obliged to pay compensation if it can prove that the delay was caused by severe weather conditions or major natural disasters endangering the safe operation of the service and could not have been foreseen or prevented even if all reasonable measures had been taken. [Am. 81]

Article 18

Assistance

1.  In the case of a delay in arrival or departure, passengers shall be kept informed of the situation and of the estimated departure time and estimated arrival time, by the railway undertaking, ticket vendors or by the station manager, in accordance with Article 9, as soon as such information is available. [Am. 83]

2.  In the case of any delay as referred to in paragraph 1 of more than 60 minutes, passengers shall also be offered free of charge:

(a)  meals and refreshments in reasonable relation to the waiting time, if they are available on the train or in the station, or can reasonably be supplied taking into account criteria such as the distance from the supplier, the time required for delivery and the cost;

(b)  hotel or other accommodation, and transport between the railway station and place of accommodation, in cases where a stay of one or more nights becomes necessary or an additional stay becomes necessary, where and when physically possible, the access requirements of persons with disabilities and persons with reduced mobility and the needs of certified service animals being taken into account; [Am. 84]

(c)  if the train is blocked on the track, transport from the train to the railway station, to the alternative departure point or to the final destination of the service, where and when physically possible.

3.  If the railway service cannot be continued anymore, railway undertakings shall organise as soon as possible alternative transport services for passengers.

4.  With regard to the affected passengers, railway undertakings shall offer to , at the request of the passenger, certify on their tickets or by any other means that the rail service has suffered a delay, led to a missed connection or that it has been cancelled, as the case might be. This certification shall apply in connection with the provisions laid down in Article 17, subject to the proof by the passenger holding a travel pass or season ticket that he or she was travelling on the affected service. [Am. 85]

5.  In applying paragraphs 1, 2, 3 and 4, the operating railway undertaking shall pay particular attention to the needs of persons with disabilities, and persons with reduced mobility, and any accompanying persons and certified service animals. [Am. 86]

6.  In addition to the obligations on railway undertakings pursuant to Article 13a(3) of Directive 2012/34/EU, the station manager of a railway station handling at least 10 000 passengers per day on average over a year shall ensure that the operations of the station, the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station. The plan shall ensure that stranded passengers are provided with adequate assistance and information, including in accessible formats in accordance with the accessibility requirements laid down in Directive XXX. Upon request, the station manager shall make the plan, and any amendments to it, available to the national enforcement body or to any other body designated by a Member State. Station managers of railway stations handling fewer than 10 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations, Member States, railway undertakings, station managers and infrastructure managers shall cooperate to ensure that contingency plans referred to in Article 13a(3) of Directive 2012/34/EU include requirements for the accessibility of alert and information systems. [Am. 87]

Article 19

Right of redress

Where a railway undertaking pays compensation or meets its other obligations in accordance with this Regulation, no provision of this Regulation or national law may be interpreted as restricting its right to seek compensation for costs from any person, including third parties, in accordance with the law applicable. In particular, this Regulation shall in no way restrict the railway undertaking's right to seek reimbursement from a third party, with whom it has a contract and which contributed to the event which triggered compensation or other obligations. No provision of this Regulation may be interpreted as restricting the right of a third party, other than a passenger, with whom a railway undertaking has a contract, to seek reimbursement or compensation from the railway undertaking in accordance with applicable relevant laws. [Am. 88]

CHAPTER V

PERSONS WITH DISABILITIES AND PERSONS WITH REDUCED MOBILITY

Article 20

Right to transport

1.  Railway undertakings and station managers shall, with the active involvement of representative organisations of persons with disabilities and persons with reduced mobility, establish, or shall have in place, non-discriminatory access rules for the transport of persons with disabilities and persons with reduced mobility including their personal assistants. The rules shall allow the passenger to be accompanied by an assistance dog a certified service animal or an accompanying person free of charge if independent mobility is not possible, in accordance with any relevant national rules, and shall ensure that rail transport for persons with disabilities and persons with reduced mobility is immediate wherever possible. [Am. 89]

2.  Reservations and tickets shall be offered to persons with disabilities and persons with reduced mobility at no additional cost. A railway undertaking, ticket vendor or tour operator may not refuse to accept a reservation from, or issue a ticket to, a person with disabilities or a person with reduced mobility, or require that such person be accompanied by another person, unless this is strictly necessary in order to comply with the access rules referred to in paragraph 1.

Article 20a

Railway undertakings and station managers shall, when complying with the TSI for persons with reduced mobility, also ensure that the station, platforms, rolling stock and other facilities are accessible to persons with disabilities and persons with reduced mobility. [Am. 90]

Article 21

Information to persons with disabilities and persons with reduced mobility

1.  Upon request, a station manager, a railway undertaking, a ticket vendor or a tour operator shall provide persons with disabilities and persons with reduced mobility with information, including in accessible formats in accordance with the accessibility requirements laid down in Regulation (EU) No 454/2011 and Directive XXX and Regulation (EU) No 1300/2014, on the accessibility of the station and associated facilities, rail services and on the access conditions of rolling stock in accordance with the access rules referred to in Article 20(1) and shall inform persons with disabilities and persons with reduced mobility about facilities on board. [Am. 91]

2.  When a railway undertaking, ticket vendor or tour operator exercises the derogation provided for in Article 20(2), it shall upon request inform in writing the person with disabilities or person with reduced mobility concerned of its reasons for doing so within five working days of the refusal to make the reservation or to issue the ticket or the imposition of the condition of being accompanied. The railway undertaking, ticket vendor or tour operator shall make reasonable efforts to shall propose an alternative transport option to the person in question taking into account his or her accessibility needs. [Am. 92]

Article 22

Assistance at railway stations

1.  On departure from, transit through or arrival at, a staffed railway station of a person with disabilities or a person with reduced mobility, the station manager or the railway undertaking or both shall provide assistance free of charge in such a way that that person is able to board the departing service, or to disembark from the arriving service for which he or she purchased a ticket, without prejudice to the access rules referred to in Article 20(1). The booking of assistance shall always be done without extra cost, irrespective of the communication channel being used. [Am. 93]

2.  In the absence of accompanying staff on board a train or staff at a station, railway undertakings and station managers shall make all reasonable efforts to enable disabled persons or persons with reduced mobility to have access to travel by rail in conformity with the accessibility requirements of Directive XXX [European Accessibility Act] and Regulation (EU) No 454/2011. [Am. 94]

3.  In unstaffed stations, railway undertakings and station managers shall ensure that easily available information, including in accessible formats in accordance with the accessibility requirements laid down in Directive XXX, and in Regulation (EU) No 1300/2014 is displayed in accordance with the access rules referred to in Article 20(1) regarding the nearest staffed stations and directly available assistance for persons with disabilities and persons with reduced mobility. [Am. 95]

4.  Assistance shall be available in stations during all times when rail services operate. [Am. 96]

Article 23

Assistance on board

1.  Without prejudice to the access rules as referred to in Article 20(1), railway undertakings shall provide persons with disabilities and persons with reduced mobility assistance free of charge on board a train and during boarding and disembarking from a train.

2.  In the absence of accompanying staff on board a train, railway undertakings shall make reasonable efforts to nevertheless enable persons with disabilities or persons with reduced mobility to have access to travel by rail. [Am. 97]

3.  For the purposes of this Article, assistance on board shall consist of all reasonable efforts to offer assistance to A person with disabilities or a person with reduced mobility must be offered assistance in order to allow that person to have access to the same services in the train as other passengers, should the extent of the person’s disability or reduced mobility not allow him or her to have access to those services independently and in safety. [Am. 98]

4.  Assistance shall be available on board trains during all times when rail services operate. [Am. 99]

Article 24

Conditions under which assistance is provided

Railway undertakings, station managers, ticket vendors and tour operators shall cooperate in order to provide assistance free of charge to persons with disabilities and persons with reduced mobility in line with Articles 20 and 21 in accordance with the following points: [Am. 100]

(a)  assistance in stations shall be provided during times rail services operate on condition that the railway undertaking, the station manager, the ticket vendor or the tour operator with which the ticket was purchased is notified of the person’s need for such assistance at least 48 hours at least 12 hours before the assistance is needed. In stations where daily traffic exceeds 10 000 passengers per day, no pre-notification is needed, however, the person in need of assistance shall be at the respective station at least 30 minutes before the departure of the train. In stations where daily traffic is between 2 000 and 10 000 passengers per day, the notification shall be reduced to maximum three hours. Where a ticket or season ticket permits multiple journeys, one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided. Such notifications shall be forwarded to all other railway undertakings and station managers involved in the person’s journey; [Am. 101]

(b)  railway undertakings, station managers, ticket vendors and tour operators shall take all measures necessary for the reception of notifications;

(c)  if no notification is made in accordance with point (a), the railway undertaking and the station manager shall make all reasonable efforts to provide assistance in such a way that the person with disabilities or person with reduced mobility may travel;

(d)  without prejudice to the powers of other entities regarding areas located outside the railway station premises, the station manager or any other authorised person shall designate points, within and outside the railway station, at which persons with disabilities and persons with reduced mobility can make known their arrival at the railway station and, if need be, request assistance;

(e)  assistance shall be provided on condition that the person with disabilities or person with reduced mobility presents him or herself themselves at the designated point at a time stipulated by the railway undertaking or station manager providing such assistance. Any time stipulated shall not be more than 60 minutes before the published departure time or the time at which all passengers are asked to check in. If no time is stipulated by which the person with disabilities or person with reduced mobility is required to present him or herself, the person shall present him or herself at the designated point at least 30 minutes before the published departure time or the time at which all passengers are asked to check in. [Am. 102]

Article 25

Compensation in respect of mobility equipment, other specific equipment or assistive devices

1.  Where railway undertakings and station managers cause loss of, or damage to, wheelchairs, other mobility equipment or assistive devices and assistant dogscertified service animals used by persons with disabilities and persons with reduced mobility, they shall be liable for and compensate that loss or damage as soon as possible. [Am. 103]

2.  The compensation referred to in paragraph 1 shall be paid in a timely manner and shall be equal to the full cost of replacement or based on the actual value, or on the full costs of repair of the wheelchair, equipment or devices lost or damaged, or the loss or injury of the certified service animal. The compensation shall also cover the costs of temporary replacement in case of repair, where such costs are borne by the passenger. [Am. 104]

3.  Where necessary, railway undertakings and station managers shall make every reasonable effort rapidly to provide temporary replacements for specific equipment or assistive devices, which shall, where possible, have technical and functional features equivalent to those lost or damaged. The person with disabilities or reduced mobility shall be permitted to keep the temporary replacement equipment or device until the compensation referred to in paragraphs 1 and 2 has been paid.

Article 26

Staff training

Railway undertakings and station managers shall:

(a)  ensure that all personnelstaff, including those employed by any other performing party, providing direct assistance to persons with disabilities and persons with reduced mobility, receive disability-related training in order to know how to meet the needs of persons with disabilities and of persons with reduced mobility, including those with mental and intellectual impairments; [Am. 105]

(b)  provide training to raise awareness of the needs of persons with disabilities among all personnel working at the station who deal directly with the travelling public;

(c)  ensure that, upon recruitment, all new employees staff who will deal directly with the travelling public receive an introduction to disability-related issues for passengers and the railway undertaking, and that employees who provide direct assistance to passengers with reduced mobility receive disability-related training and that personnel attend regular refresher training courses; [Am. 106]

(d)  accept upon requestmay accept the participation, in the training, of employees with disabilities, and consider the participation of passengers with disabilities and with reduced mobility, and/or organisations representing them. [Am. 107]

CHAPTER VI

SECURITY, COMPLAINTS AND QUALITY OF SERVICE

Article 27

Personal security of passengers

In agreement with public authorities, railway undertakings, infrastructure managers and station managers shall take adequate measures in their respective fields of responsibility and adapt them to the level of security defined by the public authorities to ensure passengers’ personal security in railway stations and on trains and to manage risks. They shall cooperate and exchange information on best practices concerning the prevention of acts, which are likely to deteriorate the level of security.

Article 28

Complaints

1.  All railway undertakings, ticket vendors, station managers and infrastructure managers of stations handling more than 10 000 passengers per day on average over a year shall each shall set up a complaint‑handling mechanism for the rights and obligations covered in this Regulation in their respective field of responsibility. They shall make their contact details and working language(s) widely known to passengers. Passengers should be able to file complaints in the official language(s) of the Member State in which the respective railway undertaking, ticket vendor and station manager are established and in any event in English. [Am. 108]

2.  Passengers may submit a complaint to any railway undertaking, ticket vendor, railway station or infrastructure manageror station manager involved. Complaints shall be submitted within six months of the incident that is the subject of the complaint. Within one month of receiving the complaint, the addressee shall either give a reasoned reply or, in justified cases, inform the passenger by what datethat the passenger will get a reply within a period of less than three months from the date of receipt of the complaint a reply can be expected. Railway undertakings, ticket vendors, station managers and infrastructure managers shall keep the incident data necessary to assess the complaint for two years and make them available to national enforcement bodies upon request. [Am. 109]

3.  Details of the complaint handling procedure shall be easily available to passengers and accessible to persons with disabilities and persons with reduced mobility. This information shall be available upon request in the official language(s) of the Member State in which the railway undertaking is established. [Am. 110]

4.  The railway undertaking shall publish in the annual report referred to in Article 29 the number and categories of received complaints, processed complaints, response time and possible improvement actions undertaken.

4a.  The Commission shall adopt implementing acts setting out a standardised Union complaint form for passengers to use in order to apply for compensation in accordance with this Regulation. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37a(2). [Am. 111]

Article 29

Service quality standards

1.  Railway undertakings and station managers shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex III.

2.  Railway undertakings and station managers shall monitor their own performance as reflected in the service quality standards. Railway undertakings shall each year publish a report on their service quality performance together with their annual report. Railway undertakings shall publish the reports on service quality performance on their website. In addition, these reports shall be made available on the website of the European Union Agency for Railways.

2a.   Railway undertakings and station managers actively cooperate with organisations representing persons with disabilities to improve the quality of accessibility of transport services. [Am. 112]

CHAPTER VII

INFORMATION AND ENFORCEMENT

Article 30

Information to passengers about their rights

1.  When selling tickets for journeys by rail, railway undertakings, station managers, ticket vendors and tour operators shall inform passengers of their rights and obligations under this Regulation. In order to comply with this information requirement, they may use a summary of the provisions of this Regulation prepared by the Commission in all official languages of the Union and made available to them. In addition, they shall provide a notice on the ticketinformation, in either paper or electronic format or by any other means, including in accessible formats for persons with disabilities and persons with reduced mobility in accordance with the requirements laid down in Directive XXX. That notice shall specifyRegulation (EU) No 1300/2014 that specifies where such information can be obtained in the event of cancellation, missed connection or long delay. [Am. 113]

2.  Railway undertakings and station managers shall inform passengers in an appropriate manner, including in accessible formats in accordance with the accessibility requirements laid down in Directive XXXRegulation (EU) No 1300/2014, at the station and, on the train and on their website, of their rights and obligations under this Regulation, and of the contact details of the body or bodies designated by Member States pursuant to Article 31. [Am. 114]

Article 31

Designation of national enforcement bodies

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.

Each body shall be independent in its organisation, funding decisions, legal structure and decision-making of any infrastructure manager, charging body, allocation body or railway undertaking.

Member States shall inform the Commission of the body or bodies designated in accordance with this Article and of its or their respective responsibilities and shall publish them in a suitable place on their website. [Am. 115]

Article 32

Enforcement tasks

1.  The national enforcement bodies shall closely monitor compliance with this Regulation and take the measures necessary to ensure that the rights of passengers are upheld. For this purpose, railway undertakings, station managers and infrastructure managers shall provide the bodies with relevant documents and information at their request without delay and in any event within one month. In carrying out their functions, the bodies shall take account of the information submitted to them by the body designated under Article 33 to handle complaints, if this is a different body. They may also decide onMember States shall ensure that national enforcement actions based on and complaint handling bodies shall be given sufficient powers and resources for the adequate and effective enforcement of individual complaints transmitted by such a body from passengers under this Regulation. [Am. 116]

2.  The national enforcement bodies shall each year publish reports with statistics on their activity websites detailing the number and type of complaints that they have received, detailing the outcome of their enforcement actions, including on the sanctions that they have applied., every year, at the latest at the end This shall be done for each year by no later than the first day of April of the following calendar succeeding year. In addition, these reports shall be made available on the website of the European Union Agency for Railways. [Am. 117]

3.  Railway undertakings shall give their contact details to the national enforcement body or bodies of the Member States in which they operate.

3a.  The national enforcement bodies, in collaboration with representative organisations of persons with disabilities and persons with reduced mobility, shall conduct regular audits of the assistance services provided in accordance with this Regulation and publish the results in accessible and commonly used formats. [Am. 118]

Article 33

Complaint‑handling by national enforcement bodies

1.  Without prejudice to the rights of consumers to seek alternative redress pursuant to Directive 2013/11/EU, after having complained unsuccessfully to the railway undertaking, ticket vendor, station or infrastructure manager pursuant to Article 28, the passenger may complain to an enforcement body. Enforcement bodies shall inform complainants about their right to complain to alternative dispute resolution bodies to seek individual redress. Member States shall ensure that enforcement or complaint-handling bodies are recognised for the purposes of alternative redress schemes pursuant to Directive 2013/11/EU, and that where passengers seek alternative redress, the railway undertaking, ticket vendor, station or infrastructure manager concerned is required to participate and the outcome shall be binding on, and effectively enforceable against, them. [Am. 119]

2.  Any passenger may complain to the national enforcement body, or any other body designated by a Member State for that purpose, about an alleged infringement of this Regulation. Complaints may also be made by organisations representing groups of passengers. [Am. 120]

3.  The body shall acknowledge receipt of the complaint within two weeks of receiving it. The complaint-handling procedure shall take a maximum of three months. For complex cases, the body may, at its discretion, extend this period to six months. In such a case, it shall inform the passenger or organisation representing passengers of the reasons for the extension and of the expected time needed to conclude the procedure. Only cases that involve legal proceedings may take longer than six months. Where the body is also an alternative dispute resolution body within the meaning of Directive 2013/11/EU, the time limits laid down in that Directive shall prevail and the use of online dispute resolution in accordance with Regulation (EU) No 524/2013 may be made available with the agreement of all parties involved. [Am. 121]

The complaint‑handling procedure shall be made accessible to persons with disabilities and to persons with reduced mobility.

4.  Passenger complaints about an incident involving a railway undertaking shall be handled by the national enforcement body of the Member State that granted that undertaking’s licence.

5.  Where a complaint relates to alleged violations by station or infrastructure managers, the national enforcement body shall be that of the Member State on whose territory the incident occurred.

6.  In the framework of cooperation pursuant to Article 34 national enforcement bodies may derogate from paragraphs 4 or 5 where for justified reasons, in particular language or residence, this is in the passenger’s interest.

Article 33a

Independent conciliation bodies

The Member States shall install well-equipped independent conciliation bodies that will be easily accessible and affordable for passengers in case of conflicts with railway undertakings and ticket vendors on the enforcement of their rights. [Am. 122]

Article 34

Exchange of information and cross-border cooperation between national enforcement bodies

1.  Where different bodies are designated under Articles 31 and 33, reporting mechanisms shall be set up to ensure the exchange of information between them, in accordance with Regulation (EU) 2016/679, in order to help the national enforcement body to carry out its tasks of supervision and enforcement, and so that the complaint‑handling body designated under Article 33 can collect the information necessary to examine individual complaints.

2.  National enforcement bodies shall exchange information on their work and decision-making principles and practice for the purpose of coordination. The Commission shall support them in this task.

3.  The national enforcement bodies shall follow the procedure set out in Annex IV.

CHAPTER VIII

FINAL PROVISIONS

Article 35

Penalties

1.  Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive, and shall include, but not be limited to, a minimum fine or a percentage of the relevant undertaking or organisation’s annual turnover, whichever is the higher. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them. [Am. 123]

2.  In the framework of cooperation referred to in Article 34 the national enforcement body which is competent for the purposes of Article 33(4) or (5) shall, upon request of the national enforcement body handling the complaint, investigate the infringement of this Regulation identified by that body and, if necessary, impose sanctions.

Article 36

Delegation of powers

The Commission is empowered to adopt delegated acts in accordance with Article 37 in order to:

(i)   adjust the financial amounts referred to in Article 13 in light of inflation;

(ii)  amend Annexes I, II and III in order to take account of amendments to the CIV Uniform Rules and technological developments in this area.

Article 37

Exercise of the delegation

1.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.  The power to adopt delegated acts referred to in Article 36 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.  The delegation of power referred to in Article 36 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following its publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.  A delegated act adopted pursuant to Article 36 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 37a

Committee procedure

1.  The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.  Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. [Am. 124]

Article 38

Report

The Commission shall report to the European Parliament and the Council on the implementation and the results of this Regulation by ... [five years after the adoption of this Regulation].

The report shall be based on information to be provided pursuant to this Regulation. The report shall be accompanied where necessary by appropriate proposals.

Article 39

Repeal

Regulation (EC) No 1371/2007 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex V.

Article 40

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ...,

For the European Parliament For the Council

The President The President

ANNEXES

ANNEX I

Extract from Uniform Rules concerning the contract for international carriage of passengers and luggage by rail (CIV)

Appendix A

to the Convention Concerning International Carriage by Rail (COTIF) of 9 May 1980, as modified by the Protocol for the modification of the Convention Concerning International Carriage by Rail of 3 June 1999

TITLE II

CONCLUSION AND PERFORMANCE OF THE CONTRACT OF CARRIAGE

Article 6

Contract of carriage

1.  By the contract of carriage the carrier shall undertake to carry the passenger as well as, where appropriate, luggage and vehicles to the place of destination and to deliver the luggage and vehicles at the place of destination.

2.  The contract of carriage must be confirmed by one or more tickets issued to the passenger. However, subject to Article 9 the absence, irregularity or loss of the ticket shall not affect the existence or validity of the contract which shall remain subject to these Uniform Rules.

3.  The ticket shall be prima facie evidence of the conclusion and the contents of the contract of carriage.

Article 7

Ticket

1.  The General Conditions of Carriage shall determine the form and content of tickets as well as the language and characters in which they are to be printed and made out.

2.  The following, at least, must be entered on the ticket:

(a)  the carrier or carriers;

(b)  a statement that the carriage is subject, notwithstanding any clause to the contrary, to these Uniform Rules; this may be indicated by the acronym CIV;

(c)  any other statement necessary to prove the conclusion and contents of the contract of carriage and enabling the passenger to assert the rights resulting from this contract.

3.  The passenger must ensure, on receipt of the ticket, that it has been made out in accordance with his instructions.

4.  The ticket shall be transferable if it has not been made out in the passenger’s name and if the journey has not begun.

5.  The ticket may be established in the form of electronic data registration, which can be transformed into legible written symbols. The procedure used for the registration and treatment of data must be equivalent from the functional point of view, particularly so far as concerns the evidential value of the ticket represented by those data.

Article 8

Payment and refund of the carriage charge

1.  Subject to a contrary agreement between the passenger and the carrier, the carriage charge shall be payable in advance.

2.  The General Conditions of Carriage shall determine under what conditions a refund of the carriage charge shall be made.

Article 9

Right to be carried. Exclusion from carriage

1.  The passenger must, from the start of his journey, be in possession of a valid ticket and produce it on the inspection of tickets. The General Conditions of Carriage may provide:

(a)  that a passenger who does not produce a valid ticket must pay, in addition to the carriage charge, a surcharge;

(b)  that a passenger who refuses to pay the carriage charge or the surcharge upon demand may be required to discontinue his journey;

(c)  if and under what conditions a refund of the surcharge shall be made.

2.  The General Conditions of Carriage may provide that passengers who:

(a)  present a danger for safety and the good functioning of the operations or for the safety of other passengers,

(b)  inconvenience other passengers in an intolerable manner,

shall be excluded from carriage or may be required to discontinue their journey and that such persons shall not be entitled to a refund of their carriage charge or of any charge for the carriage of registered luggage they may have paid.

Article 10

Completion of administrative formalities

The passenger must comply with the formalities required by customs or other administrative authorities.

Article 11

Cancellation and late running of trains. Missed connections

The carrier must, where necessary, certify on the ticket that the train has been cancelled or the connection missed.

TITLE III

CARRIAGE OF HAND LUGGAGE, ANIMALS, REGISTERED LUGGAGE AND VEHICLES

Chapter I

Common provisions

Article 12

Acceptable articles and animals

1.  The passenger may take with him articles which can be handled easily (hand luggage) and also live animals in accordance with the General Conditions of Carriage. Moreover, the passenger may take with him cumbersome articles in accordance with the special provisions, contained in the General Conditions of Carriage. Articles and animals likely to annoy or inconvenience passengers or cause damage shall not be allowed as hand luggage.

2.  The passenger may consign articles and animals as registered luggage in accordance with the General Conditions of Carriage.

3.  The carrier may allow the carriage of vehicles on the occasion of the carriage of passengers in accordance with special provisions, contained in the General Conditions of Carriage.

4.  The carriage of dangerous goods as hand luggage, registered luggage as well as in or on vehicles which, in accordance with this Title are carried by rail, must comply with the Regulation concerning the Carriage of Dangerous Goods by Rail (RID).

Article 13

Examination

1.  When there is good reason to suspect a failure to observe the conditions of carriage, the carrier shall have the right to examine whether the articles (hand luggage, registered luggage, vehicles including their loading) and animals carried comply with the conditions of carriage, unless the laws and prescriptions of the State in which the examination would take place prohibit such examination. The passenger must be invited to attend the examination. If he does not appear or cannot be reached, the carrier must require the presence of two independent witnesses.

2.  If it is established that the conditions of carriage have not been respected, the carrier can require the passenger to pay the costs arising from the examination.

Article 14

Completion of administrative formalities

The passenger must comply with the formalities required by customs or other administrative authorities when, on being carried, he has articles (hand luggage, registered luggage, vehicles including their loading) or animals carried. He shall be present at the inspection of these articles save where otherwise provided by the laws and prescriptions of each State.

Chapter II

Hand luggage and animals

Article 15

Supervision

It shall be the passenger’s responsibility to supervise the hand luggage and animals that he takes with him.

Chapter III

Registered luggage

Article 16

Consignment of registered luggage

1.  The contractual obligations relating to the forwarding of registered luggage must be established by a luggage registration voucher issued to the passenger.

2.  Subject to Article 22 the absence, irregularity or loss of the luggage registration voucher shall not affect the existence or the validity of the agreements concerning the forwarding of the registered luggage, which shall remain subject to these Uniform Rules.

3.  The luggage registration voucher shall be prima facie evidence of the registration of the luggage and the conditions of its carriage.

4.  Subject to evidence to the contrary, it shall be presumed that when the carrier took over the registered luggage it was apparently in a good condition, and that the number and the mass of the items of luggage corresponded to the entries on the luggage registration voucher.

Article 17

Luggage registration voucher

1.  The General Conditions of Carriage shall determine the form and content of the luggage registration voucher as well as the language and characters in which it is to be printed and made out. Article 7(5) shall apply mutatis mutandis.

2.  The following, at least, must be entered on the luggage registration voucher:

(a)  the carrier or carriers;

(b)  a statement that the carriage is subject, notwithstanding any clause to the contrary, to these Uniform Rules; this may be indicated by the acronym CIV;

(c)  any other statement necessary to prove the contractual obligations relating to the forwarding of the registered luggage and enabling the passenger to assert the rights resulting from the contract of carriage.

3.  The passenger must ensure, on receipt of the luggage registration voucher, that it has been made out in accordance with his instructions.

Article 18

Registration and carriage

1.  Save where the General Conditions of Carriage otherwise provide, luggage shall be registered only on production of a ticket valid at least as far as the destination of the luggage. In other respects the registration of luggage shall be carried out in accordance with the prescriptions in force at the place of consignment.

2.  When the General Conditions of Carriage provide that luggage may be accepted for carriage without production of a ticket, the provisions of these Uniform Rules determining the rights and obligations of the passenger in respect of his registered luggage shall apply mutatis mutandis to the consignor of registered luggage.

3.  The carrier can forward the registered luggage by another train or by another mode of transport and by a different route from that taken by the passenger.

Article 19

Payment of charges for the carriage of registered luggage

Subject to a contrary agreement between the passenger and the carrier, the charge for the carriage of registered luggage shall be payable on registration.

Article 20

Marking of registered luggage

The passenger must indicate on each item of registered luggage in a clearly visible place, in a sufficiently durable and legible manner:

(a)  his name and address;

(b)  the place of destination.

Article 21

Right to dispose of registered luggage

1.  If circumstances permit and if customs requirements or the requirements of other administrative authorities are not thereby contravened, the passenger can request luggage to be handed back at the place of consignment on surrender of the luggage registration voucher and, if the General Conditions of Carriage so require, on production of the ticket.

2.  The General Conditions of Carriage may contain other provisions concerning the right to dispose of registered luggage, in particular modifications of the place of destination and the possible financial consequences to be borne by the passenger.

Article 22

Delivery

1.  Registered luggage shall be delivered on surrender of the luggage registration voucher and, where appropriate, on payment of the amounts chargeable against the consignment.

The carrier shall be entitled, but not obliged, to examine whether the holder of the voucher is entitled to take delivery.

2.  It shall be equivalent to delivery to the holder of the luggage registration voucher if, in accordance with the prescriptions in force at the place of destination:

(a)  the luggage has been handed over to the customs or octroi authorities at their premises or warehouses, when these are not subject to the carrier’s supervision;

(b)  live animals have been handed over to third parties.

3.  The holder of the luggage registration voucher may require delivery of the luggage at the place of destination as soon as the agreed time and, where appropriate, the time necessary for the operations carried out by customs or other administrative authorities, has elapsed.

4.  Failing surrender of the luggage registration voucher, the carrier shall only be obliged to deliver the luggage to the person proving his right thereto; if the proof offered appears insufficient, the carrier may require security to be given.

5.  Luggage shall be delivered at the place of destination for which it has been registered.

6.  The holder of a luggage registration voucher whose luggage has not been delivered may require the day and time to be endorsed on the voucher when he requested delivery in accordance with paragraph 3.

7.  The person entitled may refuse to accept the luggage if the carrier does not comply with his request to carry out an examination of the registered luggage in order to establish alleged damage.

8.  In all other respects delivery of luggage shall be carried out in accordance with the prescriptions in force at the place of destination.

Chapter IV

Vehicles

Article 23

Conditions of carriage

The special provisions governing the carriage of vehicles, contained in the General Conditions of Carriage, shall specify in particular the conditions governing acceptance for carriage, registration, loading and carriage, unloading and delivery as well as the obligations of the passenger.

Article 24

Carriage voucher

1.  The contractual obligations relating to the carriage of vehicles must be established by a carriage voucher issued to the passenger. The carriage voucher may be integrated into the passenger’s ticket.

2.  The special provisions governing the carriage of vehicles, contained in the General Conditions of Carriage, shall determine the form and content of the carriage voucher as well as the language and the characters in which it is to be printed and made out. Article 7(5) shall apply mutatis mutandis.

3.  The following, at least, must be entered on the carriage voucher:

(a)  the carrier or carriers;

(b)  a statement that the carriage is subject, notwithstanding any clause to the contrary, to these Uniform Rules; this may be indicated by the acronym CIV;

(c)  any other statement necessary to prove the contractual obligations relating to the carriage of vehicles and enabling the passenger to assert the rights resulting from the contract of carriage.

4.  The passenger must ensure, on receipt of the carriage voucher, that it has been made out in accordance with his instructions.

Article 25

Applicable law

Subject to the provisions of this Chapter, the provisions of Chapter III relating to the carriage of luggage shall apply to vehicles.

TITLE IV

LIABILITY OF THE CARRIER

Chapter I

Liability in case of death of, or personal injury to, passengers

Article 26

Basis of liability

1.  The carrier shall be liable for the loss or damage resulting from the death of, personal injuries to, or any other physical or mental harm to, a passenger, caused by an accident arising out of the operation of the railway and happening while the passenger is in, entering or alighting from railway vehicles whatever the railway infrastructure used.

2.  The carrier shall be relieved of this liability:

(a)  if the accident has been caused by circumstances not connected with the operation of the railway and which the carrier, in spite of having taken the care required in the particular circumstances of the case, could not avoid and the consequences of which he was unable to prevent;

(b)  to the extent that the accident is due to the fault of the passenger;

(c)  if the accident is due to the behaviour of a third party which the carrier, in spite of having taken the care required in the particular circumstances of the case, could not avoid and the consequences of which he was unable to prevent; another undertaking using the same railway infrastructure shall not be considered as a third party; the right of recourse shall not be affected.

3.  If the accident is due to the behaviour of a third party and if, in spite of that, the carrier is not entirely relieved of his liability in accordance with paragraph 2, letter c), he shall be liable in full up to the limits laid down in these Uniform Rules but without prejudice to any right of recourse which the carrier may have against the third party.

4.  These Uniform Rules shall not affect any liability which may be incurred by the carrier in cases not provided for in paragraph 1.

5.  If carriage governed by a single contract of carriage is performed by successive carriers, the carrier bound pursuant to the contract of carriage to provide the service of carriage in the course of which the accident happened shall be liable in case of death of, and personal injuries to, passengers. When this service has not been provided by the carrier, but by a substitute carrier, the two carriers shall be jointly and severally liable in accordance with these Uniform Rules.

Article 27

Damages in case of death

1.  In case of death of the passenger the damages shall comprise:

(a)  any necessary costs following the death, in particular those of transport of the body and the funeral expenses;

(b)  if death does not occur at once, the damages provided for in Article 28.

2.  If, through the death of the passenger, persons whom he had, or would have had, a legal duty to maintain are deprived of their support, such persons shall also be compensated for that loss. Rights of action for damages of persons whom the passenger was maintaining without being legally bound to do so, shall be governed by national law.

Article 28

Damages in case of personal injury

In case of personal injury or any other physical or mental harm to the passenger the damages shall comprise:

(a)  any necessary costs, in particular those of treatment and of transport;

(b)  compensation for financial loss, due to total or partial incapacity to work, or to increased needs.

Article 29

Compensation for other bodily harm

National law shall determine whether and to what extent the carrier must pay damages for bodily harm other than that for which there is provision in Articles 27 and 28.

Article 30

Form and amount of damages in case of death and personal injury

1.  The damages under Article 27(2) and Article 28(b) must be awarded in the form of a lump sum. However, if national law permits payment of an annuity, the damages shall be awarded in that form if so requested by the injured passenger or by the persons entitled referred to in Article 27(2).

2.  The amount of damages to be awarded pursuant to paragraph 1 shall be determined in accordance with national law. However, for the purposes of these Uniform Rules, the upper limit per passenger shall be set at 175 000 units of account as a lump sum or as an annual annuity corresponding to that sum, where national law provides for an upper limit of less than that amount.

Article 31

Other modes of transport

1.  Subject to paragraph 2, the provisions relating to the liability of the carrier in case of death of, or personal injury to, passengers shall not apply to loss or damage arising in the course of carriage which, in accordance with the contract of carriage, was not carriage by rail.

2.  However, where railway vehicles are carried by ferry, the provisions relating to liability in case of death of, or personal injury to, passengers shall apply to loss or damage referred to in Article 26(1) and Article 33(1), caused by an accident arising out of the operation of the railway and happening while the passenger is in, entering or alighting from the said vehicles.

3.  When, because of exceptional circumstances, the operation of the railway is temporarily suspended and the passengers are carried by another mode of transport, the carrier shall be liable pursuant to these Uniform Rules.

Chapter II

Liability in case of failure to keep to the timetable

Article 32

Liability in case of cancellation, late running of trains or missed connections

1.  The carrier shall be liable to the passenger for loss or damage resulting from the fact that, by reason of cancellation, the late running of a train or a missed connection, his journey cannot be continued the same day, or that a continuation of the journey the same day could not reasonably be required because of given circumstances. The damages shall comprise the reasonable costs of accommodation as well as the reasonable costs occasioned by having to notify persons expecting the passenger.

2.  The carrier shall be relieved of this liability, when the cancellation, late running or missed connection is attributable to one of the following causes:

(a)  circumstances not connected with the operation of the railway which the carrier, in spite of having taken the care required in the particular circumstances of the case, could not avoid and the consequences of which he was unable to prevent;

(b)  fault on the part of the passenger; or

(c)  the behaviour of a third party which the carrier, in spite of having taken the care required in the particular circumstances of the case, could not avoid and the consequences of which he was unable to prevent; another undertaking using the same railway infrastructure shall not be considered as a third party; the right of recourse shall not be affected.

3.  National law shall determine whether and to what extent the carrier must pay damages for harm other than that provided for in paragraph 1. This provision shall be without prejudice to Article 44.

Chapter III

Liability in respect of hand luggage, animals, registered luggage and vehicles

SECTION 1

Hand luggage and animals

Article 33

Liability

1.  In case of death of, or personal injury to, passengers the carrier shall also be liable for the loss or damage resulting from the total or partial loss of, or damage to, articles which the passenger had on him or with him as hand luggage; this shall apply also to animals which the passenger had brought with him. Article 26 shall apply mutatis mutandis.

2.  In other respects, the carrier shall not be liable for the total or partial loss of, or damage to, articles, hand luggage or animals the supervision of which is the responsibility of the passenger in accordance with Article 15, unless this loss or damage is caused by the fault of the carrier. The other Articles of Title IV, with exception of Article 51, and Title VI shall not apply in this case.

Article 34

Limit of damages in case of loss of or damage to articles

When the carrier is liable under Article 33(1), he must pay compensation up to a limit of 1 400 units of account per passenger.

Article 35

Exclusion of liability

The carrier shall not be liable to the passenger for loss or damage arising from the fact that the passenger does not conform to the formalities required by customs or other administrative authorities.

SECTION 2

Registered luggage

Article 36

Basis of liability

1.  The carrier shall be liable for loss or damage resulting from the total or partial loss of, or damage to, registered luggage between the time of taking over by the carrier and the time of delivery as well as from delay in delivery.

2.  The carrier shall be relieved of this liability to the extent that the loss, damage or delay in delivery was caused by a fault of the passenger, by an order given by the passenger other than as a result of the fault of the carrier, by an inherent defect in the registered luggage or by circumstances which the carrier could not avoid and the consequences of which he was unable to prevent.

3.  The carrier shall be relieved of this liability to the extent that the loss or damage arises from the special risks inherent in one or more of the following circumstances:

(a)  the absence or inadequacy of packing;

(b)  the special nature of the luggage;

(c)  the consignment as luggage of articles not acceptable for carriage.

Article 37

Burden of proof

1.  The burden of proving that the loss, damage or delay in delivery was due to one of the causes specified in Article 36(2) shall lie on the carrier.

2.  When the carrier establishes that, having regard to the circumstances of a particular case, the loss or damage could have arisen from one or more of the special risks referred to in Article 36(3), it shall be presumed that it did so arise. The person entitled shall, however, have the right to prove that the loss or damage was not attributable either wholly or in part to one of those risks.

Article 38

Successive carriers

If carriage governed by a single contract is performed by several successive carriers, each carrier, by the very act of taking over the luggage with the luggage registration voucher or the vehicle with the carriage voucher, shall become a party to the contract of carriage in respect of the forwarding of luggage or the carriage of vehicles, in accordance with the terms of the luggage registration voucher or of the carriage voucher and shall assume the obligations arising therefrom. In such a case each carrier shall be responsible for the carriage over the entire route up to delivery.

Article 39

Substitute carrier

1.  Where the carrier has entrusted the performance of the carriage, in whole or in part, to a substitute carrier, whether or not in pursuance of a right under the contract of carriage to do so, the carrier shall nevertheless remain liable in respect of the entire carriage.

2.  All the provisions of these Uniform Rules governing the liability of the carrier shall apply also to the liability of the substitute carrier for the carriage performed by him. Articles 48 and 52 shall apply if an action is brought against the servants or any other persons whose services the substitute carrier makes use of for the performance of the carriage.

3.  Any special agreement under which the carrier assumes obligations not imposed by these Uniform Rules or waives rights conferred by these Uniform Rules shall be of no effect in respect of the substitute carrier who has not accepted it expressly and in writing. Whether or not the substitute carrier has accepted it, the carrier shall nevertheless remain bound by the obligations or waivers resulting from such special agreement.

4.  Where and to the extent that both the carrier and the substitute carrier are liable, their liability shall be joint and several.

5.  The aggregate amount of compensation payable by the carrier, the substitute carrier and their servants and other persons whose services they make use of for the performance of the carriage shall not exceed the limits provided for in these Uniform Rules.

6.  This Article shall not prejudice rights of recourse which may exist between the carrier and the substitute carrier.

Article 40

Presumption of loss

1.  The person entitled may, without being required to furnish further proof, consider an item of luggage as lost when it has not been delivered or placed at his disposal within 14 days after a request for delivery has been made in accordance with Article 22(3).

2.  If an item of luggage deemed to have been lost is recovered within one year after the request for delivery, the carrier must notify the person entitled if his address is known or can be ascertained.

3.  Within thirty days after receipt of a notification referred to in paragraph 2, the person entitled may require the item of luggage to be delivered to him. In that case he must pay the charges in respect of carriage of the item from the place of consignment to the place where delivery is effected and refund the compensation received less, where appropriate, any costs included therein. Nevertheless he shall retain his rights to claim compensation for delay in delivery provided for in Article 43.

4.  If the item of luggage recovered has not been claimed within the period stated in paragraph 3 or if it is recovered more than one year after the request for delivery, the carrier shall dispose of it in accordance with the laws and prescriptions in force at the place where the item of luggage is situated.

Article 41

Compensation for loss

1.  In case of total or partial loss of registered luggage, the carrier must pay, to the exclusion of all other damages:

(a)  if the amount of the loss or damage suffered is proved, compensation equal to that amount but not exceeding 80 units of account per kilogram of gross mass short or 1 200 units of account per item of luggage;

(b)  if the amount of the loss or damage suffered is not established, liquidated damages of 20 units of account per kilogram of gross mass short or 300 units of account per item of luggage.

The method of compensation, by kilogram missing or by item of luggage, shall be determined by the General Conditions of Carriage.

2.  The carrier must in addition refund the charge for the carriage of luggage and the other sums paid in relation to the carriage of the lost item as well as the customs duties and excise duties already paid.

Article 42

Compensation for damage

1.  In case of damage to registered luggage, the carrier must pay compensation equivalent to the loss in value of the luggage, to the exclusion of all other damages.

2.  The compensation shall not exceed:

(a)  if all the luggage has lost value through damage, the amount which would have been payable in case of total loss;

(b)  if only part of the luggage has lost value through damage, the amount which would have been payable had that part been lost.

Article 43

Compensation for delay in delivery

1.  In case of delay in delivery of registered luggage, the carrier must pay in respect of each whole period of 24 hours after delivery has been requested, but subject to a maximum of 14 days:

(a)  if the person entitled proves that loss or damage has been suffered thereby, compensation equal to the amount of the loss or damage, up to a maximum of 0,80 units of account per kilogram of gross mass of the luggage or 14 units of account per item of luggage, delivered late;

(b)  if the person entitled does not prove that loss or damage has been suffered thereby, liquidated damages of 0,14 units of account per kilogram of gross mass of the luggage or 2,80 units of account per item of luggage, delivered late.

The methods of compensation, by kilogram missing or by item of luggage, shall be determined by the General Conditions of Carriage.

2.  In case of total loss of luggage, the compensation provided for in paragraph 1 shall not be payable in addition to that provided for in Article 41.

3.  In case of partial loss of luggage, the compensation provided for in paragraph 1 shall be payable in respect of that part of the luggage which has not been lost.

4.  In case of damage to luggage not resulting from delay in delivery the compensation provided for in paragraph 1 shall, where appropriate, be payable in addition to that provided for in Article 42.

5.  In no case shall the total of compensation provided for in paragraph 1 together with that payable under Articles 41 and 42 exceed the compensation which would be payable in case of total loss of the luggage.

SECTION 3

Vehicles

Article 44

Compensation for delay

1.  In case of delay in loading for a reason attributable to the carrier or delay in delivery of a vehicle, the carrier must, if the person entitled proves that loss or damage has been suffered thereby, pay compensation not exceeding the amount of the carriage charge.

2.  If, in case of delay in loading for a reason attributable to the carrier, the person entitled elects not to proceed with the contract of carriage, the carriage charge shall be refunded to him. In addition the person entitled may, if he proves that loss or damage has been suffered as a result of the delay, claim compensation not exceeding the carriage charge.

Article 45

Compensation for loss

In case of total or partial loss of a vehicle the compensation payable to the person entitled for the loss or damage proved shall be calculated on the basis of the usual value of the vehicle. It shall not exceed 8 000 units of account. A loaded or unloaded trailer shall be considered as a separate vehicle.

Article 46

Liability in respect of other articles

1.  In respect of articles left inside the vehicle or situated in boxes (e.g. luggage or ski boxes) fixed to the vehicle, the carrier shall be liable only for loss or damage caused by his fault. The total compensation payable shall not exceed 1 400 units of account.

2.  So far as concerns articles stowed on the outside of the vehicle, including the boxes referred to in paragraph 1, the carrier shall be liable in respect of articles placed on the outside of the vehicle only if it is proved that the loss or damage results from an act or omission, which the carrier has committed either with intent to cause such a loss or damage or recklessly and with knowledge that such loss or damage would probably result.

Article 47

Applicable law

Subject to the provisions of this Section, the provisions of Section 2 relating to liability for luggage shall apply to vehicles.

Chapter IV

Common provisions

Article 48

Loss of right to invoke the limits of liability

The limits of liability provided for in these Uniform Rules as well as the provisions of national law, which limit the compensation to a fixed amount, shall not apply if it is proved that the loss or damage results from an act or omission, which the carrier has committed either with intent to cause such loss or damage, or recklessly and with knowledge that such loss or damage would probably result.

Article 49

Conversion and interest

1.  Where the calculation of compensation requires the conversion of sums expressed in foreign currency, conversion shall be at the exchange rate applicable on the day and at the place of payment of the compensation.

2.  The person entitled may claim interest on compensation, calculated at five per cent per annum, from the day of the claim provided for in Article 55 or, if no such claim has been made, from the day on which legal proceedings were instituted.

3.  However, in the case of compensation payable pursuant to Articles 27 and 28, interest shall accrue only from the day on which the events relevant to the assessment of the amount of compensation occurred, if that day is later than that of the claim or the day when legal proceedings were instituted.

4.  In the case of luggage, interest shall only be payable if the compensation exceeds 16 units of account per luggage registration voucher.

5.  In the case of luggage, if the person entitled does not submit to the carrier, within a reasonable time allotted to him, the supporting documents required for the amount of the claim to be finally settled, no interest shall accrue between the expiry of the time allotted and the actual submission of such documents.

Article 50

Liability in case of nuclear incidents

The carrier shall be relieved of liability pursuant to these Uniform Rules for loss or damage caused by a nuclear incident when the operator of a nuclear installation or another person who is substituted for him is liable for the loss or damage pursuant to the laws and prescriptions of a State governing liability in the field of nuclear energy.

Article 51

Persons for whom the carrier is liable

The carrier shall be liable for his servants and other persons whose services he makes use of for the performance of the carriage, when these servants and other persons are acting within the scope of their functions. The managers of the railway infrastructure on which the carriage is performed shall be considered as persons whose services the carrier makes use of for the performance of the carriage.

Article 52

Other actions

1.  In all cases where these Uniform Rules shall apply, any action in respect of liability, on whatever grounds, may be brought against the carrier only subject to the conditions and limitations laid down in these Uniform Rules.

2.  The same shall apply to any action brought against the servants and other persons for whom the carrier is liable pursuant to Article 51.

TITLE V

LIABILITY OF THE PASSENGER

Article 53

Special principles of liability

The passenger shall be liable to the carrier for any loss or damage:

(a)  resulting from failure to fulfil his obligations pursuant to

1.  Articles 10, 14 and 20,

2.  the special provisions for the carriage of vehicles, contained in the General Conditions of Carriage, or

3.  the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), or

(b)  caused by articles and animals that he brings with him, unless he proves that the loss or damage was caused by circumstances that he could not avoid and the consequences of which he was unable to prevent, despite the fact that he exercised the diligence required of a conscientious passenger. This provision shall not affect the liability of the carrier pursuant to Articles 26 and 33(1).

TITLE VI

ASSERTION OF RIGHTS

Article 54

Ascertainment of partial loss or damage

1.  When partial loss of, or damage to, an article carried in the charge of the carrier (luggage, vehicles) is discovered or presumed by the carrier or alleged by the person entitled, the carrier must without delay, and if possible in the presence of the person entitled, draw up a report stating, according to the nature of the loss or damage, the condition of the article and, as far as possible, the extent of the loss or damage, its cause and the time of its occurrence.

2.  A copy of the report must be supplied free of charge to the person entitled.

3.  Should the person entitled not accept the findings in the report, he may request that the condition of the luggage or vehicle and the cause and amount of the loss or damage be ascertained by an expert appointed either by the parties to the contract of carriage or by a court or tribunal. The procedure to be followed shall be governed by the laws and prescriptions of the State in which such ascertainment takes place.

Article 55

Claims

1.  Claims relating to the liability of the carrier in case of death of, or personal injury to, passengers must be addressed in writing to the carrier against whom an action may be brought. In the case of a carriage governed by a single contract and performed by successive carriers the claims may also be addressed to the first or the last carrier as well as to the carrier having his principal place of business or the branch or agency which concluded the contract of carriage in the State where the passenger is domiciled or habitually resident.

2.  Other claims relating to the contract of carriage must be addressed in writing to the carrier specified in Article 56(2) and (3).

3.  Documents which the person entitled thinks fit to submit with the claim shall be produced either in the original or as copies, where appropriate, the copies duly certified if the carrier so requires. On settlement of the claim, the carrier may require the surrender of the ticket, the luggage registration voucher and the carriage voucher.

Article 56

Carriers against whom an action may be brought

1.  An action based on the liability of the carrier in case of death of, or personal injury to, passengers may only be brought against the carrier who is liable pursuant to Article 26(5).

2.  Subject to paragraph 4 other actions brought by passengers based on the contract of carriage may be brought only against the first carrier, the last carrier or the carrier having performed the part of carriage on which the event giving rise to the proceedings occurred.

3.  When, in the case of carriage performed by successive carriers, the carrier who must deliver the luggage or the vehicle is entered with his consent on the luggage registration voucher or the carriage voucher, an action may be brought against him in accordance with paragraph 2 even if he has not received the luggage or the vehicle.

4.  An action for the recovery of a sum paid pursuant to the contract of carriage may be brought against the carrier who has collected that sum or against the carrier on whose behalf it was collected.

5.  An action may be brought against a carrier other than those specified in paragraphs 2 and 4 when instituted by way of counter-claim or by way of exception in proceedings relating to a principal claim based on the same contract of carriage.

6.  To the extent that these Uniform Rules apply to the substitute carrier, an action may also be brought against him.

7.  If the plaintiff has a choice between several carriers, his right to choose shall be extinguished as soon as he brings an action against one of them; this shall also apply if the plaintiff has a choice between one or more carriers and a substitute carrier.

Article 58

Extinction of right of action in case of death or personal injury

1.  Any right of action by the person entitled based on the liability of the carrier in case of death of, or personal injury to, passengers shall be extinguished if notice of the accident to the passenger is not given by the person entitled, within 12 months of his becoming aware of the loss or damage, to one of the carriers to whom a claim may be addressed in accordance with Article 55(1). Where the person entitled gives oral notice of the accident to the carrier, the carrier shall furnish him with an acknowledgement of such oral notice.

2.  Nevertheless, the right of action shall not be extinguished if:

(a)  within the period provided for in paragraph 1 the person entitled has addressed a claim to one of the carriers designated in Article 55(1);

(b)  within the period provided for in paragraph 1 the carrier who is liable has learned of the accident to the passenger in some other way;

(c)  notice of the accident has not been given, or has been given late, as a result of circumstances not attributable to the person entitled;

(d)  the person entitled proves that the accident was caused by fault on the part of the carrier.

Article 59

Extinction of right of action arising from carriage of luggage

1.  Acceptance of the luggage by the person entitled shall extinguish all rights of action against the carrier arising from the contract of carriage in case of partial loss, damage or delay in delivery.

2.  Nevertheless, the right of action shall not be extinguished:

(a)  in case of partial loss or damage, if

1.  the loss or damage was ascertained in accordance with Article 54 before the acceptance of the luggage by the person entitled,

2.  the ascertainment which should have been carried out in accordance with Article 54 was omitted solely through the fault of the carrier;

(b)  in case of loss or damage which is not apparent whose existence is ascertained after acceptance of the luggage by the person entitled, if he

1.  asks for ascertainment in accordance with Article 54 immediately after discovery of the loss or damage and not later than three days after the acceptance of the luggage, and

2.  in addition, proves that the loss or damage occurred between the time of taking over by the carrier and the time of delivery;

(c)  in case of delay in delivery, if the person entitled has, within twenty-one days, asserted his rights against one of the carriers specified in Article 56(3);

(d)  if the person entitled proves that the loss or damage was caused by fault on the part of the carrier.

Article 60

Limitation of actions

1.  The period of limitation of actions for damages based on the liability of the carrier in case of death of, or personal injury to, passengers shall be:

(a)  in the case of a passenger, three years from the day after the accident;

(b)  in the case of other persons entitled, three years from the day after the death of the passenger, subject to a maximum of five years from the day after the accident.

2.  The period of limitation for other actions arising from the contract of carriage shall be one year. Nevertheless, the period of limitation shall be two years in the case of an action for loss or damage resulting from an act or omission committed either with the intent to cause such loss or damage, or recklessly and with knowledge that such loss or damage would probably result.

3.  The period of limitation provided for in paragraph 2 shall run for actions:

(a)  for compensation for total loss, from the fourteenth day after the expiry of the period of time provided for in Article 22(3);

(b)  for compensation for partial loss, damage or delay in delivery, from the day when delivery took place;

(c)  in all other cases involving the carriage of passengers, from the day of expiry of validity of the ticket.

The day indicated for the commencement of the period of limitation shall not be included in the period.

4.  […]

5.  […]

6.  Otherwise, the suspension and interruption of periods of limitation shall be governed by national law.

TITLE VII

RELATIONS BETWEEN CARRIERS

Article 61

Apportionment of the carriage charge

1.  Any carrier who has collected or ought to have collected a carriage charge must pay to the carriers concerned their respective shares of such a charge. The methods of payment shall be fixed by agreement between the carriers.

2.  Article 6(3), Article 16(3) and Article 25 shall also apply to the relations between successive carriers.

Article 62

Right of recourse

1.  A carrier who has paid compensation pursuant to these Uniform Rules shall have a right of recourse against the carriers who have taken part in the carriage in accordance with the following provisions:

(a)  the carrier who has caused the loss or damage shall be solely liable for it;

(b)  when the loss or damage has been caused by several carriers, each shall be liable for the loss or damage he has caused; if such distinction is impossible, the compensation shall be apportioned between them in accordance with letter c);

(c)  if it cannot be proved which of the carriers has caused the loss or damage, the compensation shall be apportioned between all the carriers who have taken part in the carriage, except those who prove that the loss or damage was not caused by them; such apportionment shall be in proportion to their respective shares of the carriage charge.

2.  In the case of insolvency of any one of these carriers, the unpaid share due from him shall be apportioned among all the other carriers who have taken part in the carriage, in proportion to their respective shares of the carriage charge.

Article 63

Procedure for recourse

1.  The validity of the payment made by the carrier exercising a right of recourse pursuant to Article 62 may not be disputed by the carrier against whom the right to recourse is exercised, when compensation has been determined by a court or tribunal and when the latter carrier, duly served with notice of the proceedings, has been afforded an opportunity to intervene in the proceedings. The court or tribunal seized of the principal action shall determine what time shall be allowed for such notification of the proceedings and for intervention in the proceedings.

2.  A carrier exercising his right of recourse must present his claim in one and the same proceedings against all the carriers with whom he has not reached a settlement, failing which he shall lose his right of recourse in the case of those against whom he has not taken proceedings.

3.  The court or tribunal shall give its decision in one and the same judgment on all recourse claims brought before it.

4.  The carrier wishing to enforce his right of recourse may bring his action in the courts or tribunals of the State on the territory of which one of the carriers participating in the carriage has his principal place of business, or the branch or agency which concluded the contract of carriage.

5.  When the action must be brought against several carriers, the plaintiff carrier shall be entitled to choose the court or tribunal in which he will bring the proceedings from among those having competence pursuant to paragraph 4.

6.  Recourse proceedings may not be joined with proceedings for compensation taken by the person entitled under the contract of carriage.

Article 64

Agreements concerning recourse

The carriers may conclude agreements which derogate from Articles 61 and 62.

ANNEX II

MINIMUM INFORMATION TO BE PROVIDED BY RAILWAY UNDERTAKINGS AND TICKET VENDORS

Part I: Pre-journey information

–  General conditions applicable to the contract

–  Time schedules and conditions for the fastest trip

–  Time schedules and conditions for all available fares, including the lowest faresones [Am. 125]

–  Accessibility, access conditions and availability on board of facilities for persons with disabilities and persons with reduced mobility in accordance with the accessibility requirements laid down in Directive XXX

–  Access conditions arrangements for bicycles [Am. 126]

–  Availability of seats for all applicable fares in smoking and in non-smoking (and, where applicable, smoking), first and second class as well as couchettes and sleeping carriages [Am. 127]

–  Any activities likely to disrupt or delay services Disruptions and delays (planned and in real time) [Am. 128]

–  Availability of on-board services, including Wi-Fi and toilets [Am. 129]

–  Procedures for reclaiming lost luggage

–  Procedures for the submission of complaints

Part II: Information during the journey

–  On-board services, including Wi-Fi [Am. 130]

–  Next station

–  Delays Disruptions and delays (planned and in real time) [Am. 131]

–  Main connecting services

–  Security and safety issues

ANNEX III

MINIMUM SERVICE QUALITY STANDARDS

I.  Requirements concerning railway undertakings

By 30 June of each year, railway undertakings shall publish on their website the service quality report corresponding to the previous business year and send it to the national enforcement body and to the European Union Agency for Railways for publication on its website. The undertaking shall publish on its website the report in its official national language(s) and, if possible, also in other Union languages, including a summary in English.

The service quality reports shall include information on at least the following:

1)  Punctuality of services, and general principles of how railway undertakings cope with disruptions to services

(a)  delays

(i)  overall average delay of services as a percentage per category of service (international, domestic long-distance, regional and urban/suburban);

(ii)  percentage of services delayed at departure;

(iii)  percentage of services delayed at arrival:

–  percentage of delays of less than 60 minutes;

–  percentage of delays of 60‑119 91-120 minutes; [Am. 132]

–  percentage of delays of 120 minutes or more;

(b)  cancellations of services

cancellation of services as a percentage per category of service (international, domestic long-distance, regional and urban/suburban);

(c)  application of the Regulation in relation to delays and cancellations of services:

(i)  number of passengers to whom care and assistance were provided;

(ii)  cost of this care and assistance provision;

(iii)  number of passengers to whom compensation was granted;

(iv)  cost of the compensation granted;

(2)  Customer satisfaction survey

Minimum set of categories to be included:

(i)  punctuality of trains;

(ii)  information to passengers in the event of delay;

(iii)  accuracy and availability of information on trains;

(iv)  quality of maintenance/condition of trains;

(v)  level of security on trains;

(vi)  cleanliness of inside of the train;

(vii)  provision of useful information throughout the journey, including in relation to Wi-Fi and other on-board services; [Am. 133]

(viii)  availability of good‑quality toilets on every train;

(ix)  cleanliness and maintenance of stations to a high standard;

(x)  accessibility of trains and on-board facilities, including accessible toilets;

(xi)  number of incidents and quality of assistance effectively provided to persons with disabilities and persons with reduced mobility on board in accordance with Article 24, irrespective of the prior notification of a request of assistance.

(3)  Complaint handling

(i)  number of complaints and outcome;

(ii)  categories of complaints;

(iii)  number of processed complaints;

(iv)  average response time;

(v)  possible improvements, actions undertaken.

(4)  Assistance provided to persons with disabilities and persons with reduced mobility

number of cases of assistance per category of service (international, domestic long-distance, regional and urban/suburban).

(5)  Disruptions

existence and short description of contingency plans, crisis management plans.

II.  Requirements concerning station managers and infrastructure managers

The service quality reports shall include information on at least the following:

(1)  Information and tickets

(i)  procedure for handling information requests at the station;

(ii)  procedure and means for providing information about train schedules, tariffs and platforms; quality of the information;

(iii)  display of information on rights and obligations under the Regulation and on contact details of national enforcement bodies;

(iv)  ticket‑buying facilities;

(v)  availability of staff at the station to provide information and sell tickets;

(vi)  provision of information to persons with disabilities or reduced mobility;

(2)  General principles to cope with service disruptions

(i)  number of passengers to whom care and assistance were provided;

(ii)  cost of this care and assistance provision;

(3)  Description of measures in place to ensure cleanliness of station facilities (toilets, etc.)

(i)  cleaning intervals;

(ii)  availability of toilets;

(4)  Customer satisfaction survey

Minimum categories to be included:

(i)  information for passengers in the event of delay;

(ii)  accuracy, availability and accessibility of information on train times/platforms;

(iii)  level of security in the station;

(iv)  time taken to respond to information requests at stations;

(v)  availability of good quality toilets in the station (including accessibility);

(vi)  cleanliness and maintenance of stations;

(vii)  accessibility of station and station facilities, including step-free access, escalators, elevators and luggage ramps; [Am. 134]

(viii)  number of incidents and quality of assistance provided to persons with disabilities and persons with reduced mobility at the station.

ANNEX IV

COMPLAINT-HANDLING PROCEDURE FOR NATIONAL ENFORCEMENT BODIES

In complex cases such as cases involving multiple claims or a number of operators, cross-border travel or accidents on the territory of a Member State other than that which granted the undertaking’s licence, in particular where it is unclear which national enforcement body is competent, or where it would facilitate or accelerate the resolution of the complaint, national enforcement bodies shall cooperate to identify a ‘lead’ body, which shall serve as single point of contact for passengers. All national enforcement bodies involved shall cooperate to facilitate the resolution of the complaint (including by sharing information, assisting with the translation of documents and providing information on the circumstances of incidents). Passengers shall be informed which body is acting as ‘lead’ body. In addition, in all cases, national enforcement bodies shall in any event ensure compliance with Regulation (EU) 2017/2394. [Am. 135]

ANNEX V

Correlation Table

Regulation (EC) No 1371/2007

This Regulation

Article 1

Article 1

Article 1(a)

Article 1(a)

Article 1(b)

Article 1(b)

----

Article 1(c)

Article 1(c)

Article 1(d)

----

Article 1(e)

Article 1(d)

Article 1(f)

Article 1(e)

Article 1(g)

----

Article 1(h)

Article 1(f)

Article 1(i)

Article 2

Article 2

Article 2 (1)

Article 2 (1)

Article 2 (2)

----

Article 2 (3)

----

Article 2 (4)

----

Article 2 (5)

----

Article 2 (6)

----

Article 2 (7)

----

----

Article 2 (2)

----

Article 2 (3)

Article 3

Article 3

Article 3 (1)

Article 3 (1)

Article 3 (2), (3)

----

Article 3 (4)

Article 3 (2)

Article 3 (5)

Article 3 (3)

Article 3 (6)

Article 3 (4)

Article 3 (7)

Article 3 (5)

Article 3 (8)

Article 3 (6)

Article 3 (9)

Article 3 (7)

Article 3 (10)

Article 3 (8)

----

Article 3 (9)

----

Article 3 (10)

Article 3 (11)

Article 3 (11)

----

Article 3 (12)

Article 3 (12)

Article 3 (13)

Article 3 (13)

Article 3 (14)

Article 3 (14)

----

Article 3 (15)

Article 3 (16)

Article 3 (16)

Article 3 (17)

Article 3 (17)

Article 3 (18)

----

Article 3 (19)

Article 4

Article 4

----

Article 5

Article 5

Article 6

Article 6

Article 7

Article 7

Article 8

Article 8

Article 9

----

Article 9 (4)

Article 9

Article 10

Article 9 (3)

----

----

Article 10 (5), (6)

Article 10

----

Article 11

Article 11

Article 12

Article 12

Article 12 (2)

----

Article 13

Article 13

Article 14

Article 14

Article 15

Article 15

Article 16

Article 16

----

Article 16 (2), (3)

Article 17

Article 17

----

Article 17 (8)

Article 18

Article 18

----

Article 18 (6)

----

Article 19

Article 19

Article 20

Article 20

Article 21

Article 21 (1)

----

Article 21 (2)

Article 22 (2) and Article 23 (2)

Article 22

Article 22

Article 22 (2)

----

----

Article 22 (4)

Article 23

Article 23

----

Article 23 (4)

Article 24

Article 24

Article 25

Article 25 (1), (2), (3)

----

Article 26

Article 26

Article 27

Article 27

Article 28

----

Article 28 (3)

Article 27 (3)

Article 28 (4)

Article 28

Article 29

Article 29

Article 30

Article 30

Article 31

----

Article 32, 33

Article 31

Article 34

----

Article 34 (1), (3)

Article 32

Article 35

Article 33

----

Article 34

Article 36

Article 35,

----

----

Article 37

Article 36

Article 38

----

Article 39

Article 37

Article 40

Annex I

Annex I

Annex II

Annex II

Annex III

Annex III

----

Annexes IV to V

(1) OJ C 197, 8.6.2018, p. 66.
(2) OJ C 77, 28.3.2002, p. 1.
(3)OJ C 197, 8.6.2018, p. 66.
(4)Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14).
(5)Commission Regulation (EU) No 454/2011 of 5 May 2011 on the technical specification for interoperability relating to the subsystem 'telematics applications for passenger services' of the trans-European rail system (OJ L 123, 12.5.2011, p. 11).
(6) Commission Regulation (EU) No 1300/2014 of 18 November 2014 on the technical specifications for interoperability relating to accessibility of the Union's rail system for persons with disabilities and persons with reduced mobility (OJ L 356, 12.12.2014, p. 110).
(7)Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).
(8) Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 63).
(9) Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 1).
(10) Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1).
(11)Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
(12)OJ L 123, 12.5.2016, p. 1.
(13) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(14)Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (OJ L 343, 14.12.2012, p. 32).
(15)Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC (OJ L 326, 11.12.2015, p. 1).
(16)Directive XXX on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services (European Accessibility Act) (OJ L X, X.X.XXXX, p. X).
(17) Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 (OJ L 315, 3.12.2007, p. 1).
(18)Commission Delegated Regulation (EU) 2017/1926 of 31 May 2017 supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to the provision of EU-wide multimodal travel information services (OJ L 272, 21.10.2017, p. 1).


Persistent organic pollutants ***I
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Amendments adopted by the European Parliament on 15 November 2018 on the proposal for a regulation of the European Parliament and of the Council on persistent organic pollutants (recast) (COM(2018)0144 - C8-0124/2018 – 2018/0070(COD))(1)
P8_TA(2018)0463A8-0336/2018

(Ordinary legislative procedure – recast)

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a regulation
Recital 5
(5)  When implementing the provisions of the Convention at Union level, it is necessary to ensure coordination and coherence with the provisions of the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade, which was approved by the Union on 19 December 200217 and of the Basel Convention on the control of transboundary movements of hazardous wastes and their disposal, which was approved by the Union on 1 February 199318 . This coordination and coherence should also be maintained when participating in the implementation and further development of the Strategic Approach to International Chemicals Management (SAICM), adopted by the First International Conference on Chemicals Management in Dubai on 6 February 2006 within the United Nations framework.
(5)  When implementing the provisions of the Convention at Union level, it is necessary to ensure coordination and coherence with the provisions of the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade, which was approved by the Union on 19 December 200217; of the Basel Convention on the control of transboundary movements of hazardous wastes and their disposal, which was approved by the Union on 1 February 199318; of the Minamata Convention on Mercury, which was approved by the Union on 11 May 201718a. This coordination and coherence should also be maintained when participating in the implementation and further development of the Strategic Approach to International Chemicals Management (SAICM), adopted by the First International Conference on Chemicals Management in Dubai on 6 February 2006 within the United Nations framework.
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17 OJ L 63, 6.3.2003, p. 29 .
17 OJ L 63, 6.3.2003, p. 29.
18 OJ L 39, 16.2.1993, p. 3 .
18 OJ L 39, 16.2.1993, p. 3.
18a OJ L 142, 2.6.2017, p. 4.
Amendment 2
Proposal for a regulation
Recital 10
(10)  Obsolete or carelessly managed stockpiles of POPs may seriously endanger the environment and human health through, for instance, contamination of soil and ground water. It is appropriate, therefore, to lay down stricter rules concerning the management of such stockpiles compared to those laid down in the Convention. Stockpiles of prohibited substances should be treated as waste, while stockpiles of substances the manufacturing or use of which is still allowed should be notified to the authorities and properly supervised. In particular, existing stockpiles which consist of or contain banned POPs should be managed as waste as soon as possible.
(10)  Obsolete or carelessly managed stockpiles of POPs may seriously endanger the environment and human health through, for instance, contamination of soil and ground water. It is appropriate, therefore, to lay down stricter rules concerning the management of such stockpiles compared to those laid down in the Convention. Stockpiles of prohibited substances should be treated as waste, while stockpiles of substances the manufacturing or use of which is still allowed should be notified to the authorities and properly supervised. In particular, existing stockpiles which consist of or contain banned POPs should be managed as waste as soon as possible. If other substances are banned in the future, their stocks should also be destroyed without delay and no new stockpiles should be built up. In view of the particular problems of certain Member States, adequate financial and technical assistance should be provided through existing Union financial instruments.
Amendment 3
Proposal for a regulation
Recital 11
(11)  In line with the Protocol and the Convention, releases of POPs which are unintentional by-products of industrial processes should be identified and reduced as soon as possible with the ultimate aim of elimination, where feasible. Appropriate national action plans, covering all sources and measures, including those provided for under existing Union legislation, should be implemented and developed to reduce such releases continuously and cost-effectively . To this end, appropriate tools should be developed in the framework of the Convention.
(11)  In line with the Protocol and the Convention, releases of POPs which are unintentional by-products of industrial processes should be identified and reduced as soon as possible with the ultimate aim of elimination, where feasible. Appropriate national action plans, covering all sources and measures, including those provided for under existing Union legislation, should be implemented and developed to reduce such releases continuously and cost-effectively as soon as possible. To this end, appropriate tools should be developed in the framework of the Convention.
Amendment 4
Proposal for a regulation
Recital 15
(15)  There is a need to ensure the effective coordination and management of technical and administrative aspects of this Regulation at Union level. The European Chemicals Agency ("the Agency"), established by Regulation (EC) No 1907/2006, has the competence and experience in implementing Union legislation on chemicals and international agreements on chemicals. The Member States and the Agency should, therefore, carry out tasks with regard to the administrative, technical and scientific aspects of the implementation of this Regulation and the exchange of information. The role of the Agency should include the preparation and examination of technical dossiers, including stakeholder consultations, and the drawing up of opinions that may be used by the Commission in considering whether to come forward with a proposal for listing a substance as a POP in the Convention or the Protocol. In addition, the Commission, the Member States and the Agency should cooperate in order to implement the Union's international obligations under the Convention effectively.
(15)  There is a need to ensure the effective coordination and management of technical and administrative aspects of this Regulation at Union level. The European Chemicals Agency ("the Agency"), established by Regulation (EC) No 1907/2006, has the competence and experience in implementing Union legislation on chemicals and international agreements on chemicals. The Member States and the Agency should, therefore, carry out tasks with regard to the administrative, technical and scientific aspects of the implementation of this Regulation and the exchange of information. It is necessary that the role of the Agency cover the preparation and examination of technical dossiers, including stakeholder consultations, and the drawing up of opinions that are to be used by the Commission in considering whether to come forward with a proposal for listing a substance as a POP in the Convention or the Protocol. In addition, the Commission, the Member States and the Agency should cooperate in order to implement the Union's international obligations under the Convention effectively.
Amendment 5
Proposal for a regulation
Recital 16
(16)  The Convention provides that each Party is to draw up and endeavour to implement, as appropriate, a plan for the implementation of its obligations under the Convention. Member States should provide opportunities for public participation in drawing up, implementing and updating their implementation plans. Since the Union and the Member States share competence in that regard, implementation plans should be drawn up both at national and Union level. Cooperation and an exchange of information between the Commission, the Agency and the authorities of the Member States should be promoted.
(16)  The Convention provides that each Party is to draw up and endeavour to implement, as appropriate, a plan for the implementation of its obligations under the Convention and transmit it to the Conference of the Parties as soon as possible, at the latest by ... [two years after the date of entry into force of this Regulation]. Member States should provide opportunities for public participation in drawing up, implementing and updating their implementation plans. Since the Union and the Member States share competence in that regard, implementation plans should be drawn up both at national and Union level. Cooperation and an exchange of information between the Commission, the Agency and the authorities of the Member States should be promoted.
Amendment 6
Proposal for a regulation
Recital 17
(17)  Substances listed in Part A to Annex I or Part A to Annex II to this Regulation should only be allowed to be manufactured and used as closed-system site-limited intermediates if an annotation to that effect is expressly entered in that Annex and if the manufacturer confirms to the Member State concerned that the substance is only manufactured and used under strictly controlled conditions.
(17)  Substances listed in Part A to Annex I or Part A to Annex II to this Regulation should only be allowed to be manufactured and used as closed-system site-limited intermediates if an annotation to that effect is expressly entered in that Annex and if the manufacturer confirms to the Member State concerned that the substance is only manufactured and used under strictly controlled conditions, namely without posing significant risks to the environment or human health and in the absence of any technically feasible alternatives.
Amendment 7
Proposal for a regulation
Recital 18
(18)  In accordance with the Convention and the Protocol, information on POPs should be provided to other Parties to those Agreements. The exchange of information with third countries not party to those Agreements should also be promoted.
(18)  In accordance with the Convention and the Protocol, information on POPs should be provided to other Parties to those Agreements. The exchange of information with third countries not party to those Agreements should also be promoted. Similarly, the Convention requires that each Party is to undertake to develop appropriate strategies to identify sites contaminated by POPs, and the Union’s Seventh Environment Action Programme, up to 2020, commits the Union and its Member States to stepping up their efforts to remediate contaminated sites.
Amendment 8
Proposal for a regulation
Recital 19
(19)  Since public awareness of the hazards that persistent organic pollutants POPs pose to the health of present and future generations as well as to the environment, particularly in developing countries, is often lacking, and wide-scale information is needed to increase the level of caution and public understanding of the rationale for restrictions and bans. In accordance with the Convention, public awareness programmes on those substances, especially for the most vulnerable groups, as well as training of workers, scientists, educators, technical and managerial personnel should be promoted and facilitated, as appropriate.
(19)  Since public awareness of the hazards that POPs pose to the health of present and future generations as well as to the environment, particularly in developing countries, is often lacking, wide-scale information is needed to increase the level of caution and public understanding of the rationale for restrictions and bans. In accordance with the Convention, public awareness programmes on those substances as regards their health and environmental effects, especially for the most vulnerable groups, as well as training of workers, scientists, educators, technical and managerial personnel should be promoted and facilitated, as appropriate. The Union should ensure access to information and public participation, implementing the UN/ECE Convention on access to information, public participation in decision-making and access to justice in environmental matters (Aarhus Convention), which was approved by the Union on 17 February 20051a
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1a OJ L 124, 17.5.2005, p. 1.
Amendment 9
Proposal for a regulation
Article 2 – paragraph 1 – point j
(j)  'closed system site-limited intermediate' means a substance that is manufactured for and consumed in or used for chemical processing in order to be transformed into one or more other substances and where the manufacture of the intermediate and its transformation into one or more other substances take place on the same site under strictly controlled conditions in that it is rigorously contained by technical means during its whole lifecycle.
(j)  'closed system site-limited intermediate' means a substance that is manufactured for and consumed in or used for chemical processing in order to be transformed into another substance, hereinafter referred to as ‘synthesis’, and where the manufacture of the intermediate and its transformation into one or more other substances take place by way of a synthesis on the same site, including a site that is operated by one or more legal entities, under strictly controlled conditions in that it is rigorously contained by technical means during its whole lifecycle.
Amendment 10
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 2 – point b
(b)  the manufacturer demonstrates that the manufacturing process will transform the substance into one or more other substances that do not exhibit the characteristics of a POP;
(b)  the manufacturer demonstrates that the manufacturing process will transform the substance into one or more other substances that do not exhibit the characteristics of a POP, that it is not expected that either humans or the environment will be exposed to any significant quantities of the substance during its production and use, as shown through assessment of that closed system in accordance with Regulation (EC) No 1272/20081a of the European Parliament and of the Council and that there are no technically feasible alternatives to the use of a substance listed in Part A of Annex I or in Part A of Annex II to this Regulation;
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1a Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).
Amendment 11
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
The holder shall manage the stockpile in a safe, efficient and environmentally sound manner.
The holder shall manage the stockpile in a safe, efficient and environmentally sound manner, in accordance with the thresholds and requirements laid down in Directive 2012/18/EU of the European Parliament and of the Council1a and Directive 2010/75/EU of the European Parliament and of the Council1b, where applicable.
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1a Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC (OJ L 197, 24.7.2012, p. 1).
1b Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).
Amendment 12
Proposal for a regulation
Article 5 – paragraph 3 a (new)
3a.   The information referred to in this Article shall be expressed using the codes laid down in Regulation (EC) No 2150/2002 of the European Parliament and of the Council1a.
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1a Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics (OJ L 332, 9.12.2002, p. 1).
Amendment 13
Proposal for a regulation
Article 6 – paragraph 3
3.  Member States shall, when considering proposals to construct new facilities or to significantly modify existing facilities using processes that release chemicals listed in Annex III, give priority consideration to alternative processes, techniques or practices that have similar usefulness but which avoid the formation and release of substances listed in Annex III, without prejudice to Directive 2010/75/EU of the European Parliament and of the Council30.
3.  Member States shall, when considering proposals to construct new facilities or to significantly modify existing facilities using processes that release chemicals listed in Annex III, give priority consideration to alternative processes, techniques or practices29a that have similar usefulness but which avoid the formation and release of substances listed in Annex III, without prejudice to Directive 2010/75/EU30 of the European Parliament and of the Council.
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29a Stockholm Convention on POPs (2008). Guidelines on Best Available Techniques and Provisional Guidance on Best Environmental Practices Relevant to Article 5 and Annex C of the Stockholm Convention on Persistent Organic Pollutants. Geneva, Secretariat of the Stockholm Convention on POPs. http://www.pops.int/Implementation/BATandBEP/BATBEPGuidelinesArticle5/tabid/187/Default.aspx
30 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).
30 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).
Amendment 14
Proposal for a regulation
Article 7 – paragraph 6
6.  The Commission may, where appropriate, and taking into consideration technical developments and relevant international guidelines and decisions and any authorisations granted by a Member State, or by the competent authority designated by that Member State in accordance with paragraph 4 and Annex V, adopt, by means of implementing acts, additional measures relating to the implementation of this Article. In particular, the Commission may specify the information to be submitted by Member States in accordance with paragraph 4(b)(iii). Such measures shall be decided in accordance with the advisory procedure laid down in Article 20(2).
6.  The Commission may, where appropriate, and taking into consideration technical developments and relevant international guidelines and decisions and any authorisations granted by a Member State, or by the competent authority designated by that Member State in accordance with paragraph 4 and Annex V, adopt implementing acts setting out the format of the information to be submitted by Member States in accordance with point (b)(iii) of paragraph 4. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 20(2).
Amendment 15
Proposal for a regulation
Article 8 – paragraph 1 – point c
(c)  upon request, provide technical and scientific support and input to the Commission for substances that may comply with the criteria for listing in the Convention or the Protocol;
(c)  upon request, provide robust technical and scientific support and input to the Commission for substances that may comply with the criteria for listing in the Convention or the Protocol, including on the prevention of the production and use of new POPs, and on the assessment of pesticides or industrial chemicals currently in use;
Amendment 16
Proposal for a regulation
Article 8 – paragraph 1 – point f
(f)  compile, register, process and make available to the Commission and the competent authorities of the Member States all the information received or available pursuant to Article 4(2) and (3), Article 7(4)(b)(iii), Article 9(2), Article 13(1). The Agency shall make the non-confidential information publicly available on its website and shall facilitate the exchange of that information with relevant information platforms such as those referred to in Article 13(2);
(f)  compile, register, process and make available to the Commission and the competent authorities of the Member States all the information received or available pursuant to Article 4(2) and (3), Article 5, Article 7(4)(b)(iii), Article 9(2), Article 13(1). The Agency shall make the non-confidential information publicly available on its website and shall facilitate the exchange of that information with relevant information platforms such as those referred to in Article 13(2);
Amendment 17
Proposal for a regulation
Article 8 – paragraph 1 a (new)
1a.  The Agency shall start providing the assistance and technical and scientific guidance referred to in point (a) of Article 8 (1) by ... [one year after the date of the entry into force of this Regulation].
Amendment 18
Proposal for a regulation
Article 11 – paragraph 2 a (new)
2a.   The Commission shall organise an exchange of information with the Member States regarding the measures taken at national level to identify and assess sites contaminated by POPs and to address the significant risks such contamination may pose to human health and the environment.
Amendment 19
Proposal for a regulation
Article 11 – paragraph 3
3.  Without prejudice to Directive 2003/4/EC32 of the European Parliament and of the Council, information referred to in paragraphs 1 and 2 shall not be regarded as confidential. The Commission, the Agency and the Member States that exchange information with a third country shall protect any confidential information in accordance with Union law.
3.  Without prejudice to Directive 2003/4/EC32 of the European Parliament and of the Council, information on health and safety of humans and the environment shall not be regarded as confidential. The Commission, the Agency and the Member States that exchange other information with a third country shall protect any confidential information in accordance with Union law.
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32 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).
32 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).
Amendment 20
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2 a (new)
The Union shall ensure access to information and public participation throughout the monitoring of implementation.
Amendment 21
Proposal for a regulation
Article 13 – paragraph 5
5.  The Commission may adopt implementing acts further specifying the minimum information to be provided in accordance with paragraph 1, including the definition of indicators, maps and Member State overviews referred to in paragraph 1(f). Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 20(2).
5.  The Commission may adopt implementing acts setting out the format of the information to be provided in accordance with paragraph 1, including the definition of indicators, maps and Member State overviews referred to in point (f) of paragraph 1. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 20(2).
Amendment 22
Proposal for a regulation
Article 18 – paragraph 2
2.  The power to adopt delegated acts referred to in Articles 4(3), 7(5) and 15 shall be conferred on the Commission for an indeterminate period of time from […].
2.  The power to adopt delegated acts referred to in Articles 4(3), 7(5) and 15 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 23
Proposal for a regulation
Article 20 – paragraph 1
1.  The Commission shall be assisted by the Committee established by Article 133 of Regulation (EC) No 1907/2006 for all matters under this Regulation.
1.   The Commission shall be assisted by:
(a)  the Committee established by Article 133 of Regulation (EC) No 1907/2006 with regard to the implementation of the issues referred to in Article 13(5), except where it refers to implementing acts setting out the format of the information referred to in point (a) of Article 13(1) with regard to the application of Article 7, and point (b) of Article 13(1) where it refers to information received pursuant to Article 5(2) and point (b)(iii) of Article 7(4); and
(b)  the Committee established by Article 39 of Directive 2008/98/EC1a of the European Parliament and of the Council, with regard to the implementation of the issues referred to in Article 7(6) and Article 13(5) where it refers to implementing acts setting out the format of the information referred to in point (a) of Article 13(1) with regard to the application of Article 7, and point (b) of Article 13(1) where it refers to information received pursuant to Article 5(2) and point (b)(iii) of Article 7(4).
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1a Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 24
Proposal for a regulation
Annex I – part A – table – row 17

Text proposed by the Commission

Polychlorinated Biphenyls (PCB)

1336-36-3 and others

215-648-1 and others

Without prejudice to Directive 96/59/EC, articles already in use at the time of the entry into force of this Regulation are allowed to be used.

 

 

 

Member States shall identify and remove from use equipment (e.g. transformers, capacitors or other receptacles containing liquid stocks) containing more than 0,005 % PCBs and volumes greater than 0,05 dm3, as soon as possible but no later than 31 December 2025.

Amendment

Polychlorinated Biphenyls (PCB)

1336-36-3 and others

215-648-1 and others

Without prejudice to Directive 96/59/EC, articles already in use at the time of the entry into force of this Regulation are allowed to be used.

 

 

 

Member States shall endeavour to identify and remove from use equipment (e.g. transformers, capacitors or other receptacles containing liquid stocks) containing more than 0,005 % PCBs and volumes greater than 0,05 dm3, as soon as possible and no later than 31 December 2025.

Amendment 25
Proposal for a regulation
Annex I – part A – row 24 a (new)

Text proposed by the Commission

Amendment

Substance

CAS No

EC No

Specific exemption on intermediate use or other specification

Bis(pentabromophenyl) ether (decabromodiphenyl ether; decaBDE)

1163-19-5

214-604-9

1.  For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of decaBDE equal to or below 10 mg/kg (0,001 % by weight) when it occurs in substances, mixtures, articles or as constituents of the flame-retarded parts of articles.

 

 

 

2.  By way of derogation, the manufacturing, placing on the market and use of decaBDE shall be allowed:

 

 

 

(a)  in the production of an aircraft, for which type approval has been applied for before date of entry into force and has been received before December 2022, before 2 March 2027;.

 

 

 

(b)  in the production of spare parts for either of the following:

 

 

 

(i)  an aircraft, for which type approval has been applied for before date of entry into force and has been received before December 2022, produced before 2 March 2027 until the end of the service life of those aircraft;

 

 

 

(ii)  motor vehicles within the scope of Directive 2007/46/EC of the European Parliament and of the Council, produced before ... [date of entry into force of this Regulation], either until 2036 or the end of the service life of those motor vehicles, whichever date comes earlier.

 

 

 

3.  The specific exemptions for spare parts for use in motor vehicles referred to in point (b)(ii) of paragraph 2 shall apply for the production and use of commercial decaBDE falling into one or more of the following categories:

 

 

 

(i)  powertrain and under-hood applications such as battery mass wires, battery interconnection wires, mobile air-conditioning (MAC) pipes, powertrains, exhaust manifold bushings, under-hood insulation, wiring and harness under hood (engine wiring, etc.), speed sensors, hoses, fan modules and knock sensors;

 

 

 

(ii)  fuel system applications such as fuel hoses, fuel tanks and fuel tanks under body;

 

 

 

(iii)  pyrotechnical devices and applications affected by pyrotechnical devices such as air bag ignition cables, seat covers/fabrics (only if airbag relevant) and airbags (front and side);

 

 

 

(iv)  suspension and interior applications such as trim components, acoustic material and seat belts.

 

 

 

(v)  reinforced plastics (instrument panels and interior trim);

 

 

 

(vi)  under the hood or dash (terminal/fuse blocks, higher-amperage wires and cable jacketing (spark plug wires));

 

 

 

(vii)  electric and electronic equipment (battery cases and battery trays, engine control electrical connectors, components of radio disks, navigation satellite systems, global positioning systems and computer systems);

 

 

 

(viii)  fabric such as rear decks, upholstery, headliners, automobile seats, head rests, sun visors, trim panels, carpets.

 

 

 

3.  The manufacturing of decaBDE and its use in the production and placing on the market of the following articles shall be allowed:

 

 

 

(a)  articles placed on the market before ... [date of entry into force of this Regulation];

 

 

 

(b)  aircraft produced in accordance with subparagraph 2(a);

 

 

 

(c)  spare parts of aircraft produced in accordance with point (b) of paragraph 2;

 

 

 

(d)  electrical and electronic equipment within the scope of Directive 2011/65/EU of the European Parliament and of the Council.

 

 

 

4.  For the purposes of this entry, ‘aircraft’ means one of the following:

 

 

 

(a)  a civil aircraft produced in accordance with a type certificate issued under Regulation (EU) No 2018/11391c of the European Parliament and of the Council or with a design approval issued under the national regulations of a Contracting State to the International Civil Aviation Organisation (ICAO), or for which a certificate of airworthiness has been issued by an ICAO Contracting State under Annex 8 to the Convention on International Civil Aviation;

 

 

 

(b)  a military aircraft.

 

 

 

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1a Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (OJ L 263, 9.10.2007, p. 1).

 

 

 

1b Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 174, 1.7.2011, p. 88).

 

 

 

1c Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1).

Amendment 26
Proposal for a regulation
Annex I – part A – row 24 b (new)

Text proposed by the Commission

Amendment

Substance

CAS No

EC No

Specific exemption on intermediate use or other specification

Alkanes C10-C13, chloro (short-chain chlorinated paraffins) (SCCPs)

85535-84-8

287-476-5

1.  By way of derogation, the manufacturing, placing on the market and use of substances or preparations containing SCCPs in concentrations lower than 1 % by weight or articles containing SCCPs in concentrations lower than 0,15 % by weight shall be allowed.

 

 

 

2.  Use shall be allowed in respect of:

 

 

 

(a)  conveyor belts in the mining industry and dam sealants containing SCCPs already in use before or on 4 December 2015; and

 

 

 

(b)  articles containing SCCPs other than those referred to in point (a) already in use before or on 10 July 2012.

 

 

 

3.  The third and fourth subparagraphs of Article 4(2) shall apply to the articles referred to in paragraph 2.

Amendment 27
Proposal for a regulation
Annex I – part B

Text proposed by the Commission

Substance

CAS No

EC No

Specific exemption on intermediate use or other specification

4

4

4

4

4

 

 

4

5 Alkanes C10-C13, chloro (short-chain chlorinated paraffins) (SCCPs)

5 85535-84-8

5 287-476-5

5 1.  By way of derogation, the production, placing on the market and use of substances or mixtures containing SCCPs in concentrations lower than 1 % by weight or articles containing SCCPs in concentrations lower than 0,15 % by weight shall be allowed.

 

 

 

2.  Use shall be allowed in respect of:

 

 

 

(a)  conveyor belts in the mining industry and dam sealants containing SCCPs already in use before or on 4 December 2015; and

 

 

 

(b)  articles containing SCCPs other than those referred to in point (a) already in use before or on 10 July 2012.

 

 

 

3.  The third and fourth subparagraphs of Article 4(2) shall apply to the articles referred to in paragraph 2.

Amendment

deleted

Amendment 28
Proposal for a regulation
Annex III
LIST OF SUBSTANCES SUBJECT TO RELEASE REDUCTION PROVISIONS
LIST OF SUBSTANCES SUBJECT TO RELEASE REDUCTION PROVISIONS
Substance (CAS No)
Substance (CAS No)
Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF)
Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF)
Hexachlorobenzene (HCB) (CAS No: 118-74-1)
Hexachlorobenzene (HCB) (CAS No: 118-74-1)
Polychlorinated biphenyls (PCB)
Polychlorinated biphenyls (PCB)
Polycyclic aromatic hydrocarbons (PAHs)37
Polycyclic aromatic hydrocarbons (PAHs)37
37.  For the purpose of emission inventories, the following four compound indicators shall be used: benzo(a)pyrene, benzo(b) fluoranthene, benzo(k)fluoranthene and indeno(1,2,3-cd)pyrene.
37.  For the purpose of emission inventories, the following four compound indicators shall be used: benzo(a)pyrene, benzo(b) fluoranthene, benzo(k)fluoranthene and indeno(1,2,3-cd)pyrene.
Pentachlorobenzene (CAS No 608-93-5)
Pentachlorobenzene (CAS No 608-93-5)
Polychlorinated naphthalenes 37a
37a ‘Polychlorinated naphthalenes’ means chemical compounds based on the naphthalene ring system, where one or more hydrogen atoms have been replaced by chlorine atoms.
Hexachlorobutadiene (CAS No 87-68-3)
Amendment 37
Proposal for a regulation
Annex IV – rows 5 – 8

Text proposed by the Commission

 

Substance

CAS No

EC No

Concentration limit referred to in Article 7(4)(a)

 

Tetrabromodiphenyl ether

C12H6Br4O

40088-47-9 and others

254-787-2 and others

Sum of the concentrations of tetrabromodiphenyl ether, pentabromodiphenyl ether, hexabromodiphenyl ether and heptabromodiphenyl ether: 1000 mg/kg

 

Pentabromodiphenyl ether

C12H5Br5O

32534-81-9 and others

251-084-2 and others

 

Hexabromodiphenyl ether

C12H4Br6O

36483-60-0 and others

253-058-6 and others

 

Heptabromodiphenyl ether

C12H3Br7O

68928-80-3 and others

273-031-2 and others

 

Amendment

 

Substance

CAS No

EC No

Concentration limit referred to in Article 7(4)(a)

 

Tetrabromodiphenyl ether

C12H6Br4O

40088-47-9 and others

254-787-2 and others

Sum of the concentrations of tetrabromodiphenyl ether, pentabromodiphenyl ether, hexabromodiphenyl ether, heptabromodiphenyl and decabromodiphenyl ether: 500 mg/kg

 

Pentabromodiphenyl ether

C12H5Br5O

32534-81-9 and others

251-084-2 and others

 

Hexabromodiphenyl ether

C12H4Br6O

36483-60-0 and others

253-058-6 and others

 

Heptabromodiphenyl ether

C12H3Br7O

68928-80-3 and others

273-031-2 and others

 

Decabromodiphenyl ether

C12Br10O

1163-19-5 and others

214-604-9 and others

 

Amendment 29
Proposal for a regulation
Annex IV – table 1 – column “Concentration limit referred to in point (a) of Article 7(4)” – row “Polychlorinated” – footnote 7

Text proposed by the Commission

7.  The limit is calculated as PCDD and PCDF according to the following toxic equivalency factors (TEFs):

PCDD

TEF

PCDF

TEF

PCDD

TEF

2,3,7,8-TeCDD

1

1,2,3,7,8-PeCDD

1

1,2,3,4,7,8-HxCDD

0,1

1,2,3,6,7,8-HxCDD

0,1

1,2,3,7,8,9-HxCDD

0,1

1,2,3,4,6,7,8-HpCDD

0,01

OCDD

0,0003

2,3,7,8-TeCDF

0,1

1,2,3,7,8-PeCDF

0,03

2,3,4,7,8-PeCDF

0,3

1,2,3,4,7,8-HxCDF

0,1

1,2,3,6,7,8-HxCDF

0,1

1,2,3,7,8,9-HxCDF

0,1

2,3,4,6,7,8-HxCDF

0,1

1,2,3,4,6,7,8-HpCDF

0,01

1,2,3,4,7,8,9-HpCDF

0,01

OCDF

0,0003

Amendment

7.  The limit is calculated as PCDD and PCDF according to the following toxic equivalency factors (TEFs):

 

PCDD

TEF

 

2,3,7,8-TeCDD

1

 

1,2,3,7,8-PeCDD

1

 

1,2,3,4,7,8-HxCDD

0,1

 

1,2,3,6,7,8-HxCDD

0,1

 

1,2,3,7,8,9-HxCDD

0,1

 

1,2,3,4,6,7,8-HpCDD

0,01

 

OCDD

0,0003

 

PCDF

TEF

 

2,3,7,8-TeCDF

0,1

 

1,2,3,7,8-PeCDF

0,03

 

2,3,4,7,8-PeCDF

0,3

 

1,2,3,4,7,8-HxCDF

0,1

 

PCDD

TEF

 

1,2,3,6,7,8-HxCDF

0,1

 

1,2,3,7,8,9-HxCDF

0,1

 

2,3,4,6,7,8-HxCDF

0,1

 

1,2,3,4,6,7,8-HpCDF

0,01

 

1,2,3,4,7,8,9-HpCDF

0,01

 

OCDF

0,0003

(1)The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0336/2018).


Care services in the EU for improved gender equality
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European Parliament resolution of 15 November 2018 on care services in the EU for improved gender equality (2018/2077(INI))
P8_TA(2018)0464A8-0352/2018

The European Parliament,

–  having regard to the Commission communication of 26 April 2017 entitled ‘An initiative to support work-life balance for working parents and carers’ (COM(2017)0252),

–  having regard to the Commission proposal for a directive of the European Parliament and of the Council of 26 April 2017 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU (COM(2017)0253),

–  having regard to Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation(1),

–  having regard to the Charter of Fundamental Rights of the European Union, in particular Articles 1, 3, 5, 27, 31, 32, 33 and 47 thereof,

–  having regard to the UN Convention on the Elimination of All Forms of Discrimination against Women, adopted in New York on 18 December 1979,

–  having regard to the UN Convention on the Rights of Persons with Disabilities (CRPD), ratified by the European Union and all its Member States,

–  having regard to Sustainable Development Goal (SDG) 5: to achieve gender equality and empower all women and girls, and in particular to SDG Target 5.4: to recognise and value unpaid care and domestic work through the provision of public services, infrastructure and social protection policies and the promotion of shared responsibility within the household and the family as nationally appropriate,

–  having regard to the report of the UN Secretary-General of 10 May 2018 entitled ‘Progress towards the Sustainable Development Goals’,

–  having regard to the Council conclusions of 7 December 2017 on Enhancing Community-Based Support and Care for Independent Living,

–  having regard to the Council conclusions on early childhood education and care: providing all our children with the best start for the world of tomorrow(2),

–  having regard to the Presidency conclusions of the Barcelona European Council of 15 and 16 March 2002,

–  having regard to the Commission communication of 20 November 2017 entitled ‘EU Action Plan 2017-2019 – Tackling the gender pay gap (COM(2017)0678),

–  having regard to the Commission staff working document of 3 December 2015 entitled ‘Strategic engagement for gender equality 2016-2019’, and in particular Chapter 3.1 thereof: Increasing female labour-market participation and the equal economic independence of women and men (SWD(2015)0278),

–  having regard to the Commission report of 8 May 2018 on the development of childcare facilities for young children with a view to increase female labour participation, strike a work-life balance for working parents and bring about sustainable and inclusive growth in Europe (the ‘Barcelona objectives’) (COM(2018)0273),

–  having regard to the Commission report of 29 May 2013 on the Barcelona objectives: ‘The development of childcare facilities for young children in Europe with a view to sustainable and inclusive growth’ (COM(2013)0322),

–  having regard to the Commission communication of 17 February 2011 entitled ‘Early Childhood Education and Care: Providing all our children with the best start for the world of tomorrow’ (COM(2011)0066),

–  having regard to the Commission’s roadmap on Quality in Early Childhood Education and Care (Ares(2018)1505951),

–  having regard to the Commission recommendation of 20 February 2013 entitled ‘Investing in children: breaking the cycle of disadvantage(3)’,

–  having regard to the Commission communications of 3 March 2010 entitled ‘Europe 2020: A strategy for smart, sustainable and inclusive growth’ (COM(2010)2020), of 20 February 2013 entitled ‘Towards Social Investment for Growth and Cohesion, including implementing the European Social Fund 2014-2020’ (COM(2013)0083) and of 26 April 2017 entitled ‘Establishing a European Pillar of Social Rights’ (COM(2017)0250),

–  having regard to the Commission communication of 6 June 2014 on an EU Strategic Framework on Health and Safety at Work 2014-2020 (COM(2014)0332),

–  having regard to its resolution of 3 October 2017 on women’s economic empowerment in the private and public sectors in the EU(4),

–  having regard to its resolution of 14 June 2017 on the need for an EU strategy to end and prevent the gender pension gap(5),

–  having regard to its resolution of 13 September 2016 on creating labour market conditions favourable for work-life balance(6),

–  having regard to its resolution of 26 May 2016 on poverty: a gender perspective(7),

–  having regard to its resolution of 28 April 2016 on women domestic workers and carers in the EU(8),

–  having regard to its resolution of 8 March 2016 on Gender Mainstreaming in the work of the European Parliament(9),

–  having regard to its resolution of 7 September 2010 on the role of women in an ageing society(10),

–  having regard to its resolution of 6 July 2010 on atypical contracts, secured professional paths, flexicurity and new forms of social dialogue(11),

–  having regard to the European Pact for Gender Equality (2011-2020),

–  having regard to the Commission proposal for a Council Recommendation of 22 May 2018 on High Quality Early Childhood Education and Care Systems (COM(2018)0271) and its accompanying staff working document of the same date (SWD(2018)0173),

–  having regard to the European Institute for Gender Equality’s 2015 Gender Equality Index and 2015 report entitled ‘Reconciliation of work, family and private life in the European Union: Policy review’,

–  having regard to the Eurofound report of 7 December 2011 entitled ‘Company initiatives for workers with care responsibilities for disabled children or adults’,

–  having regard to the Eurofound background paper of 14 July 2013 entitled ‘Caring for children and dependants: effect on careers of young workers’,

–  having regard to the Eurofound report of 17 June 2014 entitled ‘Residential care sector: Working conditions and job quality’,

–  having regard to the Eurofound report of 22 October 2015 entitled ‘Working and caring: Reconciliation measures in times of demographic change’,

–  having regard to the Eurofound overview report of 17 November 2016 on the Sixth European Working Conditions Survey,

–  having regard to the Eurofound study of 28 November 2017 entitled ‘Care homes for older Europeans: Public, for-profit and non-profit providers’,

–  having regard to the Eurofound survey of 23 January 2018 entitled ‘European Quality of Life Survey 2016: Quality of life, quality of public services and quality of society’,

–  having regard to the joint report of 10 October 2014 by the Social Protection Committee and the Commission entitled ‘Adequate social protection for long-term care needs in an ageing society’,

–  having regard to the joint report of 7 October 2016 by the Economic Policy Committee and the Commission on healthcare and long-term care systems and fiscal sustainability,

–  having regard to the opinion of the European Economic and Social Committee of 21 September 2016 on the rights of live-in care workers(12),

–  having regard to the opinion of the European Economic and Social Committee of 16 October 2014 on developing services to the family to increase employment rates and promote gender equality at work(13),

–  having regard to the opinion of the European Economic and Social Committee of 26 May 2010 on the professionalisation of domestic work(14),

–  having regard to the European Institute for Gender Equality’s 2017 Gender Equality Index Report: Measuring gender equality in the European Union 2005-2015,

–  having regard to the studies by its Directorate-General for Internal Policies of March 2016 entitled ‘Differences in men’s and women’s work, care and leisure time’ and November 2016 entitled ‘The use of funds for gender equality in selected Member States’,

–  having regard to the publication of the WeDo project for the wellbeing and dignity of older people in 2012 entitled ‘European Quality Framework for long-term care services: Principles and guidelines for the wellbeing and dignity of older people in need of care and assistance’,

–  having regard to Rule 52 of its Rules of Procedure,

–  having regard to the report of the Committee on Women's Rights and Gender Equality (A8-0352/2018),

A.  whereas, according to Articles 2 and 3(3) of the Treaty on European Union and Article 21 of the Charter of Fundamental Rights, equality between women and men is one of the core values on which the EU is founded; whereas, moreover, pursuant to Article 8 of the Treaty on the Functioning of the European Union, in all its activities, the Union shall aim to eliminate inequalities and to promote gender equality; whereas the achievement of gender equality has nevertheless been slow;

B.  whereas the European Pillar of Social Rights, jointly proclaimed by Parliament, the Council and the Commission on 17 November 2017, asserts significant principles and aims to deliver new rights for citizens of the Union, including gender equality, equal opportunities, support for children and the inclusion of persons with disabilities, which have the unanimous support of the EU institutions and the Member States; whereas Principle 9 of the Pillar on Work-life Balance establishes that ‘parents and people with caring responsibilities have the right to suitable leave, flexible working arrangements and access to care services’;

C.  whereas across the European Union, the overall employment rate of women is almost 12 % lower than it is for men and 31,5 % of working women work part-time compared with 8,2 % of working men; whereas the EU gender employment gap still stands at 12 %; whereas the evidence suggests that one of the main causes of this are the disproportionate caring responsibilities of women; whereas the cumulative effect of the multiple career gaps affecting women as a result of care responsibilities contributes substantially to lower wages, shorter careers and respective gender pay and gender pension gaps of 16 % and 37 %; whereas this results in a greater risk of exposure to poverty and social exclusion for women, with negative repercussions that also extend to their children and families; whereas it is important to close the gender employment gap, the gender pay gap and the gender pension gap, given that the economic losses due to the gender employment gap amount to EUR 370 billion per year; whereas the provision of care services can be instrumental for an effective response to labour shortages;

D.  whereas ‘care’ should be understood as work carried out, in a personal capacity, in public or private institutions or in a private household or households, for children, the elderly, ill people or persons with disabilities; whereas care work should, in ideal circumstances, be performed by professional carers, be they employed by public or private entities or families, or be they self-employed, yet it is also informally carried out – and unpaid – by non-professional carers, usually family members;

E.  whereas the average amount of time spent on unpaid domestic and care work is more than three times higher for women than men, as is most noticeable in couples whose youngest child is under the age of seven, as women spend on average 32 hours per week on paid work but 39 hours on unpaid work, compared to men who do 41 hours paid and 19 hours of unpaid work per week;

F.  whereas according to figures from the International Labour Organisation, the domestic work and care sector employed some 52 million people around the world in 2010, and a further 7,4 million domestic workers under the age of 15, accounting for between 5 % and 9 % of all employment in industrialised countries;

G.  whereas care-related jobs are poorly paid in many Member States, often do not offer formal contracts or other basic labour rights and are not professionally attractive, owing to a high risk of physical and emotional stress, the threat of burnout, and a lack of career development opportunities; whereas the sector offers few training opportunities, and its employees are predominantly ageing people, women and migrant workers;

H.  whereas supporting measures, such as the Swedish tax deduction system for domestic services, the French service employment voucher or the Belgian service voucher, have proven their effectiveness in reducing undeclared work, improving working conditions and granting regular labour rights to domestic and care workers;

I.  whereas evidence shows that 80 % of care in the EU is provided by unpaid informal carers, 75 % of whom are women; whereas 27,4 % of women work part-time to look after children or adults with care needs, compared with 4,6% of men(15); whereas the provision of care services should not force informal carers to make a trade-off between their care responsibilities and leisure time, since those who still remain in employment already have to balance different responsibilities and the use of their time;

J.  whereas certain national statistics show that approximately 6-7 % of carers in the Member States are young carers under the age of 17 and five times as many young women aged 15-24 are engaged in care work than young men in this age group; whereas young carers may bear major adult responsibilities in providing care, assistance and support to a parent, sibling, grandparent or other relative who is disabled, has a chronic illness or has a mental health problem; whereas young carers face particular barriers in accessing education and training and in reconciling education with caring responsibilities, which also has an impact on their health and their livelihood;

K.  whereas in a number of Member States there is a lack of quality professional care services available to all regardless of income;

L.  whereas many dependent family members in need of care live in areas affected by a persistent lack of services, while isolation or other circumstances make it difficult for them to get access to professional care services; whereas in many cases they are only looked after by non-professional carers, who are very often women family members;

M.  whereas Europe is having to contend with demographic changes that are leading to a growing incidence of age-related diseases and an ageing population, and thus greater care needs; whereas at a time of growing care demands, there is a disproportionate distribution of care responsibilities between genders, with women bearing the brunt of the burden on account of the stereotypical gender roles that still prevail in European society; whereas the growing number of elderly people, the fall in the number of working age people and austerity-driven budgetary restrictions are having a significant impact on social services, which will also have repercussions for people having to combine work and care responsibilities, often in challenging circumstances;

N.  whereas the EU population is projected to grow older, with the proportion of the population made up of those aged 65 and over set to rise from 17,1 % in 2008 to 30 % in 2060, and of those aged 80 and over from 4,4 % to 12,1 % over the same period;

O.  whereas elderly people are at greater risk of poverty than the general population, with around 19 % of those aged 65 and over at risk in 2008, while in 2000 it was 17 %; whereas this rate is 5 points higher for women than it is for men;

P.  whereas elderly people sometimes suffer from ageism and sexism, while elder abuse, which is found in a variety of care settings, is a social problem in all Member States;

Q.  whereas the majority of national policy models for care services are, at present, ill-suited to meet the needs of the Union’s ageing society, and whereas most Member States have not addressed demographic challenges in their respective policy and social care initiatives and systems to date;

R.  whereas although the number of care homes for older people has increased over the last 10 years in nearly all Member States, the demand is still outstripping the availability of independent housing and care support services; whereas there is an urgent need for further investment in community- or home-based long-term care services, as everyone has the right to an independent life, support services and inclusion in the community; whereas, furthermore, a lack of disaggregated information at a national level, including on financial investments, and a lack of quality indicators makes this important part of care infrastructure difficult to monitor and assess, and produce recommendations for decision-making;

S.  whereas the Barcelona targets of providing childcare to at least 33 % of children under three years of age (target 1) and to at least 90 % of children between the age of three and the mandatory school age (target 2) have been met in just 12 Member States since 2002, with achievement rates in some Member States worryingly low;

T.  whereas women’s growing participation in the labour market drives up the need for high-quality and affordable childcare, and the demand for places in early childhood education and care (ECEC) services across Europe is outstripping supply; whereas evidence shows that childcare for children from 0–3 years of age is mainly used on a part-time basis (fewer than 30 hours per week) in more than half of all Member States; whereas full labour market participation for women requires childcare to be available full-time and to meet the demands during parents working hours;

U.  whereas there is a lack of sufficient infrastructure offering quality and accessible childcare for all income levels, as evidenced by the fact that of the more than 32 million children below the age of compulsory education in the EU, only around 15 million have access to early childhood services provision(16) and most of Member States’ public expenditure on childcare is for children aged between three and the mandatory school-going age; whereas investment from all sectors should be increased, as evidence in OECD countries shows that an increased investment of GDP in care services would lead to an increase in women’s employment; whereas investment in childcare is a win-win strategy and would generate extra tax revenue from the increased participation of parents in the labour market; whereas while complementing the central role of the family, high-quality ECEC also provides many short- and long-term benefits for individuals and society as a whole, including for persons from socio-economically disadvantaged backgrounds or with special educational needs, and is effective in tackling inequality that affects children from an early age, and in preventing early school leaving;

V.  whereas the provision of high-quality early childhood education is an effective investment, providing the foundation for successful lifelong learning and addressing the inequalities and challenges faced by disadvantaged children;

W.  whereas there are over 80 million persons with disabilities in the EU and rising, and one in four Europeans has a family member with a disability; whereas by becoming a party to the CRPD in 2011, the EU committed itself to promoting and protecting the rights of persons with disabilities; whereas, in the light of these rights and the needs of persons with disabilities of all ages, there has been a shift, in recent times, from institutional to community-based care for persons with disabilities;

X.  whereas under Article 19 of the CRPD, everyone has the right to an independent life and inclusion in the community, which requires the provision not only of independent housing, but also of support services that reflect the needs of persons with a disability;

Y.  whereas children and adults with low-functioning autism are likely to find it hard completing daily activities alone, and generally require assistance with most activities;

Z.  whereas long-term care services and childcare are oftentimes devalued and in many Member States this profession has a rather low profile and status, which is reflected by low wage levels, unequal representation of women and men in the labour force, and poor working conditions;

AA.  whereas jobs in formal care, including home care, require qualified personnel, who must be adequately paid(17); whereas it is necessary to ensure an adequate supply of qualified carers since the development of quality formal care services for children, older persons and persons with disabilities is linked to quality employment relationships, decent pay and investment in the workers who provide these services, including investment in childcare workforce training; whereas professional employment relationships for carers have a beneficial effect on their ability to balance work and personal life;

AB.  whereas long-term care users may have difficulties in affording private care services, which are usually more expensive than the care services provided by the public sector; whereas women are always more affected than men because of gender pay and pension gaps, and have to spend a higher share of their income on long-term care;

AC.  whereas it has been reported that people from disadvantaged backgrounds are facing particular challenges when there is limited availability of high-quality care services, including those from low-income families, those living in rural areas, and children with ethnic minority or migrant backgrounds;

Context within work-life balance

1.  Notes that the gender employment gap widens substantially once families have children, which reflects the difficulties that women face in reconciling child-raising and care responsibilities with their work, this being attributed to a lack of sufficient public care infrastructure and the persistent gender-based division of labour, which imposes an overwhelming amount of care, provided mainly by women, who spend two to ten times longer on unpaid care than men(18);

2.  Notes that a quarter of all women are still unpaid contributing family workers, for which they receive no direct pay, and there is a clear segregation of women in sectors generally characterised by low pay, long hours and often informal working arrangements, which lead to fewer monetary, social and structural gains for women;

3.  Stresses that the feminisation of poverty is the consequence of a number of factors, including the gender pay gap, the pension gap, care responsibilities and related breaks; emphasises that the multiple discrimination that women face on the grounds of their gender identity, gender expression, and sex characteristics, among others, all contributes to the feminisation of poverty;

4.  Welcomes the inter-institutional proclamation of the European Pillar of Social Rights and recalls its principles, which include:

   equality of treatment and opportunities between women and men, particularly as regards participation in the labour market;
   the right to equal treatment and employment opportunities, regardless of age or disability;
   the right to suitable leave, flexible working arrangements and access to care services for parents and people with caring responsibilities;
   the right to affordable long-term care services of good quality;

5.  Expresses its concern at the unfavourable developments in the field of parental leave and rights related to parenting, such as the withdrawal of the draft directive on the prolongation of maternity leave and the recent ruling by the Court of Justice which considers lawful the dismissal of a pregnant worker as part of collective redundancies; calls on the Commission to very swiftly fill the gaps appearing in EU legislation;

6.  Welcomes the Commission’s proposal for a directive on work-life balance for workers and carers and emphasises, in this context, the importance of the individual rights of leave and flexible working arrangements for helping working individuals to manage their private and professional lives; recalls that policies on work-life balance should encourage men to take up care responsibilities on an equal basis with women; believes that for the purposes of future development, the aim should be to progressively extend paternity and care leave(19) and its level of payment, which should be adequate, to ensure non-transferable parental leave, guarantees in relation to dismissal, return on the same or equivalent post and protection from discrimination carried out on the basis of leave-taking decisions, and the extension of rights to self-employed workers and those who need to take adequately paid leave in order to care for dependents other than children;

7.  Calls on all Member States to encourage fathers to make the most of paternity leave, which is an effective way of encouraging them to accept responsibility for looking after their children and their families and a useful means of achieving genuine equality between women and men;

8.  Believes that the provision of care services should not negatively impact carers’ wage levels or social and pension benefits; calls, in this context to promote gender equality in implementation of work life balance policies;

9.  Draws attention to the difficult situation of families looking after a child or relative with a disability, given that the care in these cases is life-long;

10.  Draws attention to the lack of respite services for parents of children with a disability; points out that this lack of support very often makes it totally impossible for the parents to work; notes, in this connection, the alarming lack of facilities for people with severe autism;

11.  Believes that every person with care needs should have the subjective right to choose quality care services that best meet their requirements for care and are suitable and accessible for both them and their carers; is of the opinion that regardless of the differences between the users and their needs, care services should be developed in a person-centred, individualised and comprehensive fashion; notes that families are not homogeneous and that policy and programming should be adapted to such variety;

12.  Believes that care service choices should reflect the changing nature of work as they are further developed;

13.  Believes that in line with the right to long-term care enshrined in the European Pillar of Social Rights, long-term care should be regarded as a branch of social protection, which should establish the right to quality and person-centred care for all; believes, moreover, that there is an urgent need for further investment in affordable long-term care services of good quality, not least home-care and community-based services, in line with the European Social Pillar of Social Rights and the UN CRPD; calls on the Member States, in this context, to ensure equal access to and fair treatment in care services for the elderly, children, and persons with disabilities and/or chronic illnesses in need of long-term care, devoting particular attention to persons from disadvantaged backgrounds;

14.  Emphasises that the availability of diverse, quality, accessible and affordable public and private care infrastructure, services and support for children, older persons, persons with disabilities and persons who are chronically ill or in need of long-term care, either at home or in the community in home-type settings, has proven to be a crucial aspect of work-life balance policies and a major factor that promotes leave-taking among parents and informal carers, as part of efforts to help women make a swift return to and remain in the labour market; welcomes the transition towards community-based services, in line with the European Pillar of Social Rights and the UN CRPD, while noting the need to monitor these services to ensure their quality; considers that high quality of care stems from the high quality of services provided and from the extent to which they uphold the dignity and human rights of the recipients and how they ensure the inclusion of the recipients in the community;

15.  Recalls that the lack of care services is a major factor behind the underrepresentation of women in the labour market, as it makes it more difficult to balance work and family responsibilities, leading to some women dropping out of the labour market entirely, working fewer hours in paid employment and spending more time fulfilling unpaid care responsibilities, with harmful repercussions for their social security entitlements, in particular pensions, and a greater risk of poverty and social exclusion, especially during old age;

Types of care

16.  Notes that there are a variety of care services, including early childhood care and education, care services for older persons and care or support for persons with disabilities and/or chronic diseases who have a long-lasting health and care need, and notes that differing policy approaches have been developed as a result; is of the opinion that care could be provided by formal and informal carers;

17.  Believes that the approach to the development of care services should take into account all categories of users and their differences and diverse preferences for the types of care services they require, including people from disadvantaged backgrounds, such as ethnic minorities or migrant families, and people living in remote and rural areas and low- income families; recalls that the concept of the family used in legislation and policies should be understood in a broad sense;

18.  Recognises that low socioeconomic status and low education levels are, for many people, barriers to care services, which only compound the challenges they face in achieving a work-life balance; considers that this requires explicit programming and policy;

19.  Notes that the private sector plays an important role in the provision of long-term care services for persons with disabilities and older persons, and that issues surrounding the accessibility and quality of such services have been raised across the EU; calls on the Commission to assess the situation in the care services market and to take the necessary regulatory initiatives to control and monitor the quality of the services offered in such settings;

Quality, affordability and accessibility of care

20.  Believes that care services should be designed in such a way as to provide genuine choices for all users, their family members and their carers, be they in full- or part-time employment, self-employed or unemployed;

21.  Believes that those planning, programming and providing care services have a responsibility to take cognisance of users’ needs and that care services for older persons and persons with disabilities must be planned and developed with the active and meaningful participation of the users and should be designed and implemented using a rights-based approach; notes the positive experiences of persons with mental and intellectual disabilities in taking part in the development of infrastructure and services which enhance their independent living and quality of life;

22.  Points out that the provision of quality care in the EU varies greatly both within and between the Member States: between private and public settings, urban and rural areas, and different age groups; takes note of the fact that a large proportion of childcare and long-term care responsibilities are borne by families, especially grandparents in the case of the former, something particularly evident in southern and eastern Europe(20);

23.  Calls on the Member States to ensure good coverage of care services, both in urban and rural areas, in order to improve the accessibility and availability of care for people from disadvantaged backgrounds, including those living in rural and remote areas;

24.  Believes that accessibility derives from a combination of cost and flexibility and that there should therefore be a range of care service provisions, both public and private, and for care at home and in home-like settings; considers, furthermore, that family members should either be able to voluntarily provide care or be subsidised to procure care services;

25.  Emphasises that the quality of care services should be understood in a whole variety of ways, including the quality of facilities and services, the quality of teaching programmes for children, the professionalism of carers, the quality of the premises and environment, the education levels of carers and their working conditions;

26.  Notes that care services should be developed so as to enhance the continuity of care, preventive health and social care, rehabilitation and independent living; believes that direct home care arrangements should be encouraged, so that people with care needs can obtain the services of qualified care professionals in their own homes and can live independently, where possible; takes the view that care services should, where relevant, be geared towards comprehensive family support, such as help with the household, tutoring and childcare;

27.  Stresses that information about available care services and service providers should be accessible for parents, the elderly, persons with disabilities and/or with chronic diseases who are in need of long-term care as well as to informal carers;

28.  Underlines the fact that the unavailability of services and the prohibitive costs of childcare have a negative impact on children from low income families, putting them at a disadvantage from an early age; emphasises that every child has the right to good-quality care and to early childhood development, including a full range of social stimuli; notes that the excessive costs of care services also affect dependent people from low-income families, placing them at a disadvantage;

29.  Is of the opinion that the lack of investment in high-quality childcare for children below three years of age would extend women’s career breaks and create difficulties when they return to work;

30.  Believes that national programmes should be strengthened to improve the quality of life for older women, particularly those with memory-disabling diseases, and their carers, who are often themselves elderly women; proposes that Alzheimer associations should be consulted to map and implement such measures;

31.  Calls on the Commission to develop guidance for Member States, in line with the proposals made herein, on developing comprehensive employment-friendly, person-centred, community-based and accessible care services which include childcare, care services for older persons and care services for persons with disabilities and/or chronic illnesses, and which are based on the participation of and consultation with the intended users of the services to ensure that they are accessible and meet the needs of the intended users;

32.  Takes note of the various practices in the Member States and emphasises that the cooperation and exchange of best practices at a European level can support peer learning and peer counselling among the Member States and contribute to the development of quality care services by supporting and complementing measures taken at regional and national levels, in addition to helping Member States to address common challenges; calls on the Commission to serve as a platform and facilitate this exchange of experiences and good practices on the quality, accessibility and affordability of care services, as well as the different models of provision for care services tailored to individual circumstances and financial capabilities to address care challenges;

33.  Is concerned about the working conditions in many care services, such as long working hours, inadequate pay, a lack of training and poor occupational health and safety policies; is concerned that care work is seen as an unattractive sector for employment, attracting mainly women and migrant workers; highlights that these conditions also have an impact on the quality of care delivered; calls on the Member States, therefore, to revalue care as a career choice and calls on the Commission to establish a legal framework for minimum standards for workers in the sector, in collaboration with the social partners, and to launch an initiative on quality in long-term care, taking inspiration from the available civil society-led voluntary tools and initiatives, such as the European Quality Framework for long-term care services and the recent Commission proposal for a Council recommendation on High Quality Early Childhood Education and Care Systems;

34.  Calls on the Member States to monitor and ensure that institutions and other places providing care are safe and motivating settings to work in and that there is adequate investment in the well-being and occupational health of care service providers; believes that it is essential to ensure the well-being of carers in order to prevent the abuse of those receiving care; supports, in this context, the legislative initiatives for the certification and recognition of professional carers and calls on the Member States to take measures to improve carers’ working conditions, such as securing their rights to a formal employment contract and paid leave; further calls on the Commission and the Member States to raise public awareness about the value of care services in order to improve the status of the care profession and to promote men’s involvement in care activities;

35.  Urges the Commission to present to the Council for approval a European carers’ programme, with a view to identifying and recognising the various types of care-giving in Europe, and guaranteeing financial support for carers, and progressively developing their work-life balance;

36.  Recalls that its resolution of 4 July 2013 on the impact of the crisis on access to care for vulnerable groups(21) specifically calls for a directive on carers’ leave; notes that informal carers who choose to provide informal care to their relatives should receive adequate compensation and access to social rights on a comparable basis with other care providers; therefore calls, furthermore, for a comprehensive approach to address the challenges of informal carers which goes beyond employment legislation, such as continuing income support, access to healthcare, the possibility of annual leave and the accumulation of pension rights so that they are sufficient, even when carers’ income levels are temporarily lower owing to the provision of informal care, a situation which mainly concerns women; believes that the provision of care services should not negatively impact the health and well-being of the informal carer; calls on Member States, in this context, to provide adequate services for respite and counselling, peer counselling, psychological support, day-care and respite care facilities for informal carers which would help to increase their participation in employment;

37.  Calls on the Member States to introduce ‘care credits’ through labour and social security legislation for both women and men as equivalent periods for building up pension rights in order to protect those taking a break from employment to provide informal, unpaid care to a dependant or a family member, and to recognise the value of the work that these carers do for society as a whole;

38.  Calls on the Commission and Member States to ensure that informal carers are recognised as equal actors in care service provision and to develop, moreover, as part of lifelong learning programmes, training on and recognition of the acquired skills of informal carers; calls on the Commission and the Member States, in cooperation with NGOs and educational establishments, to provide support for young carers; asks the Commission to propose an action plan containing these and other measures to ensure the quality of care, and the quality of life of carers;

39.  Calls on the Commission and the Member States to undertake research on the numbers of young carers and on the impact of this role on their well-being and livelihoods and, on the basis of this research, to provide support and address the specific needs of young carers, in cooperation with NGOs and educational establishments;

40.  Calls on the Commission to take better account of care services and carers when developing research and policies, particularly with respect to the European Social Fund (ESF), Disability Strategy and the Health Programme;

Care targets

41.  Underlines the fact that the current challenge in reaching the Barcelona targets is to increase the provision of childcare for children between 3-4 years of age; welcomes the Commission’s recommendation to extend the target of the Education and Training 2020 Strategy to offer childcare places to at least 95 % of children between the age of three and the mandatory school age; invites the Commission to revise upwards, in consultation with the relevant actors including the Member States, the Barcelona targets and targets on early childhood education; calls on the Member States to step up their efforts to meet the targets and to place the provision of care high on their political agendas; invites the Member States to improve national quality frameworks of ECEC services by taking into account the Commission proposal for a Council recommendation on High Quality Early Childhood Education and Care Systems and encourages the Member States to review five crucial areas of ECEC services referred to in the proposal: access, workforce, curriculum, evaluation and monitoring, and governance and funding; calls on the Member States, when providing pre-school childcare, to place emphasis not only on accessibility, but also on the quality of care, particularly for children from disadvantaged backgrounds and children with disabilities;

42.  Calls on the Commission to set up indicators and corresponding quality targets on care services for older people and for persons with disabilities and/or chronic illnesses who are in need of care, similar to the Barcelona targets, with monitoring tools to measure the quality, accessibility and affordability of these services;

43.  Calls on the Commission to include care for the elderly and for persons with disabilities and/or chronic illnesses in its monitoring and review of data in the European Semester and in the annual report on gender equality; calls on Member States to consider including assessments of care services for the older persons and persons with disabilities and/or chronic illnesses in their country reports, taking into account feedback from carers and carer recipients; calls on the Commission to include data on this care in a set of social progress indicators, which should be monitored in the context of the European Semester; calls on the Commission and the Council to include these social indicators among the Semester rules; encourages the Member States to adopt and use corrective measures should progress prove to be slow;

44.  Further calls on the Commission to improve the collection of gender-disaggregated data and to develop sector-specific statistics, comparable definitions and indicators, to assess gender dimensions of the accessibility, quality, availability and efficiency of care services for children, persons with disabilities and chronic diseases and older persons at EU level, while finding ways to prevent increasing the monitoring burden on care professionals; calls on the Commission to monitor the development of the care services and prepare recommendations for corrective action if needed;

45.  Calls on the Member States to collect quality data on the provision of available care services through public and private financing for children, the elderly and persons with disabilities, in order to monitor the situation at large and improve care services by paying heed not only to users’ needs, but also to the work-life balance and working conditions of the large numbers of carers; calls on the Member States to adopt effective policy instruments and corrective actions when needed;

Funding of care

46.  Calls on the Member States, including with a view to tackling existing investment deficits, to increase public investment in care services and infrastructure for children, especially in early childhood, and for care for other dependants, to ensure the universal access to such services, to improve the quality of care, and to increase investment in special measures that enable carers to maintain an active professional life;

47.  Notes the disproportionate impact that insufficient investment in care structures and services has on single parents, the vast majority of whom are women, and on families living in poverty and at risk of social exclusion;

48.  Notes the importance of gender mainstreaming at all implementation stages of the various policies, and most crucially at the programming stage; calls on the Member States to ensure that the gender dimension is fully integrated into the National Reform Plans (NRPs) with the support not only of the ESF but also other EU funds that provide resources for general social infrastructure, which should be used by Member States for the development of care services;

49.  Calls on the Commission to ensure that the European Semester process serves the attainment of the European Pillar of Social Rights, leaving effective room for Member States to fund and sustain their funding for care services;

50.  Supports the inclusion in the Commission’s Country Specific Recommendations (CSRs) of measures focusing on investment in childcare facilities and fiscal disincentives preventing second earners – mainly women – from working more or from working outright, and on other measures to address the gender pay gap;

51.  Calls on the Commission to strengthen the provision of funding for all types of care services with particular regard, where appropriate, for the transition from institutional to community-based services through the ESF+ and other financial instruments whose purpose is to fund social infrastructure; calls on the Commission, in the same vein, to strengthen the endowment of the European Agricultural Fund for Rural Development (EAFRD) in order to support the provision of childcare facilities in rural areas, and to further utilise the European Fund for Strategic Investments (EFSI) in order to finance ECEC projects; calls on the Commission, furthermore, to rigorously monitor the spending of EU funding, especially under the European Structural and Investment (ESI) Funds in the area of social care services and long-term care and to ensure that investments are in line with the human rights obligations pursuant to the UN CRPD and the Charter of Fundamental Rights;

52.  Calls on the Commission to consider making social security contributions applicable across borders, so that a person’s Member State of origin could finance the placement of that citizen into a social service facility in another Member State (in cases where such a facility is not available in the Member State of origin);

53.  Points out the need to undertake better analysis on the potential for public-private investment in the provision of care services with regard to existing company initiatives for workers with care responsibilities for persons with disabilities and adults;

54.  Calls on the Member States to take a comprehensive approach towards all types of care services and to strengthen the provisions for the efficient and synergistic use of the relevant EU financial instruments in the fields of lifelong learning, research and infrastructural development; encourages the Member States to prioritise funding for childcare and long-term care using the financial instruments available within the next multiannual financial framework, not least the existing EFSI, ESI Funds, such as the ESF and the European Regional Development Fund, and the EAFRD; further encourages the Member States to distribute their resources more efficiently in such a way as to increase access to and the affordability of care services for disadvantaged and vulnerable groups, and to design efficient funding models, including targeted funding, which strike the right balance between public and private investment in line with national and local circumstances;

55.  Calls on the Commission to ensure the European Institute for Gender Equality possesses adequate resources to monitor the development of care infrastructure and the implementation of work-life balance policies, and to analyse whether and how the policies are achieving the desired improvements in gender equality;

56.  Welcomes the decision by some Member States to introduce fiscal incentives for companies that provide childcare for their employees in order to improve work-life balance;

o
o   o

57.  Instructs its President to forward this resolution to the Council and the Commission.

(1) OJ L 204, 26.7.2006, p. 23.
(2) OJ C 175, 15.6.2011, p. 8.
(3) OJ L 59, 2.3.2013, p. 59.
(4) OJ C 346, 27.9.2018, p. 6.
(5) OJ C 331, 18.9.2018, p. 60.
(6) OJ C 204, 13.6.2018, p. 76.
(7) OJ C 76, 28.2.2018, p. 93.
(8) OJ C 66, 21.2.2018, p. 30.
(9) OJ C 50, 9.2.2018, p. 15.
(10) OJ C 308 E, 20.10.2011, p. 49.
(11) OJ C 351 E, 2.12.2011, p. 39.
(12) OJ C 487, 28.12.2016, p. 7.
(13) OJ C 12, 15.1.2015, p. 16.
(14) OJ C 21, 21.1.2011, p. 39.
(15) European Commission, 2018 report on equality between men and women.
(16) European Commission Roadmap 2018, European Political Strategy Centre (2017), ‘10 Trends Transforming Education as We Know It’.
(17) Eurofound , ‘Caring for children and dependants: effect on careers of young workers’.
(18) Eurostat data from 2010; the Commission’s 2015 report on equality between women and men in the European Union (2016).
(19) As called for in its legislative resolution of 20 October 2010 on the proposal for a directive of the European Parliament and of the Council amending Council Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (OJ C 70 E, 8.3.2012, p. 162).
(20) Eurofound, European Quality of Life Survey 2016: overview report.
(21) OJ C 75, 26.2.2016, p. 130.


Lyme disease (Borreliosis)
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European Parliament resolution of 15 November 2018 on Lyme disease (Borreliosis) (2018/2774(RSP))
P8_TA(2018)0465B8-0514/2018

The European Parliament,

–  having regard to the question to the Commission on Lyme disease (Borreliosis) (O-000088/2018 – B8-0417/2018),

–  having regard to the motion for a resolution of the Committee on the Environment, Public Health and Food Safety,

–  having regard to the European Centre for Disease Prevention and Control report relating to a systematic literature review on the diagnostic accuracy of serological tests for Lyme borreliosis,

–  having regard to the Expert Network consultation meeting on Lyme borreliosis surveillance in the European Union held in January 2016 in Stockholm,

–  having regard to Decision No 2119/98/EC of the European Parliament and of the Council of 24 September 1998 setting up a network for the epidemiological surveillance and control of communicable diseases in the Community(1),

–  having regard to Rules 128(5) and 123(2) of its Rules of Procedure,

A.  whereas the right to health is a fundamental right recognised by the European Treaties, in particular in Article 168 of the Treaty on the Functioning of the European Union (TFEU);

B.  whereas Lyme disease, or Lyme borreliosis, is a bacterial disease caused by the bacterium Borrelia burgdorferi, and is transmitted to humans through the bite of a tick, which itself is contaminated by the bacterium; whereas Lyme disease is an infectious disease in humans and in various species of domestic and wild animals;

C.  whereas Lyme borreliosis is the most common zoonotic disease in Europe, with an estimated 650 000 - 850 000 cases and a higher incidence in Central Europe; whereas infection occurs in the spring-summer semester (from April to October), and borreliosis is recognised as an occupational disease for farmers, forestry workers and field researchers in the countries in which it is present;

D.  whereas infected ticks and the disease seem to be expanding geographically, with instances now also being recorded at higher altitudes and latitudes, as well as in towns and cities; whereas the suspected causes are, among other things, changes in land use, inter alia through the afforestation of low-quality land or the expansion of invasive plants, climate change, global warming, excessive humidity and other activities related to human behaviour;

E.  whereas there is no European consensus on the treatment, diagnosis and screening of Lyme disease and national practices vary;

F.  whereas a bite by an infected tick and the symptoms of Lyme disease can go unnoticed or even in some cases be asymptomatic, which can sometimes lead to severe complications and permanent damage similar to that of a chronic disease, in particular when the patient is not promptly diagnosed;

G.  whereas more reliable early diagnosis of Lyme disease will significantly reduce the number of later-stage cases, thus improving the quality of life of patients; whereas it will also reduce the financial burden of the disease, leading to savings of approximately EUR 330 million in healthcare costs already during the first 5 years, according to managers of the DualDur EU research project;

H.  whereas many patients are neither promptly diagnosed nor have access to suitable treatment; whereas they feel deprived and ignored by the public authorities and some continue to have persistent symptoms that can lead to chronic disease;

I.  whereas there is currently no vaccine available for Lyme disease;

J.  whereas the true burden of Lyme borreliosis in the EU is unknown due to the lack of statistics on this disease and the very wide variety of applied case definitions, laboratory methods used and surveillance systems;

K.  whereas there is no ICD code separation between early-stage and late-stage Lyme disease; whereas there are no individual ICD codes for the different late-stage Lyme disease symptoms;

L.  whereas the ILADS (International Lyme and Associated Diseases Society) treatment practice guidelines differ from those of IDSA (Infectious Diseases Society of America) and these differences between the two approaches to the disease also have an impact on treatment practices in the EU;

M.  whereas a profound understanding of the mechanism which turns Lyme disease into a chronic disease is lacking;

N.  whereas health professionals have been sounding the alarm about this health issue for nearly a decade, as have patients’ associations and whistle-blowers;

O.  whereas, although well known to medical science, Lyme disease is still underdiagnosed, in particular because of the difficulties encountered in the detection of symptoms and the absence of appropriate diagnostic tests;

P.  whereas the screening tests used for Lyme disease are not always able to provide accurate results, one such example being the Elisa test which only detects one infection at a time;

Q.  whereas many Europeans are constantly exposed to Lyme borreliosis through their professional activities (farmers, forestry workers, researchers and students carrying out field research such as biologists, geologists, surveyors or archaeologists);

R.  whereas the medical profession often follows outdated recommendations on Lyme disease that do not take sufficient account of research developments;

1.  Expresses its concern at the alarming proportions of the spread of Lyme disease in the European population, with around 1 million citizens suffering from the disease according to the census methods used;

2.  Recalls that all Member States, to varying degrees, are experiencing an upsurge in Lyme borreliosis, making it a European health problem;

3.  Welcomes the funding allocated to date by the Union for research into the early detection and future treatment of Lyme borreliosis (some EUR 16 million through projects such as ANTIDotE, ID-LYME and LYMEDIADEX);

4.  Calls for additional funding of the methods for diagnosing and treating Lyme disease; encourages, to that end, the promotion of research efforts, in terms both of increased allocation of funds and the exchange of epidemiological data, including data on the distribution and prevalence of pathogenic and non-pathogenic genospecies;

5.  Calls for additional international cooperation on research into Lyme disease;

6.  Encourages the Commission to collect as much information as possible on Lyme disease screening methods or on treatments administered in the Member States;

7.  Calls for mandatory reporting in all Member States affected by Lyme disease;

8.  Calls on the Commission to facilitate cooperation and the exchange of best practices among Member States in terms of the monitoring, diagnosis and treatment of Lyme disease;

9.  Welcomes the inclusion by certain Member States of Lyme disease in their national surveillance systems on the basis of a specific methodology;

10.  Calls on the Commission to put in place uniform surveillance programmes and to work together with the Member States on facilitating the standardisation of diagnostic tests and treatments; calls on the Commission to recognise borreliosis as an occupational disease for agricultural and forestry workers, as well as for field scientists (such as biologists, geologists, surveyors or archaeologists);

11.  Calls for individual tick prevention and control measures in the Member States in order to contain the spread of the Borrelia bacteria;

12.  Calls for the development of evidence-based guidance on clinical and laboratory diagnosis of Lyme borreliosis; calls for ICD code separation between early-stage and late-stage Lyme disease; calls also for individual ICD codes for the different late-stage Lyme disease symptoms;

13.  Requests that the Commission publish guidelines based on best practices within the EU with regard to the training of general practitioners so as to facilitate the diagnosis and screening of Lyme disease;

14.  Asks Member States to expand the use of clinical examination so that doctors can diagnose Lyme disease even if the serology tests are negative, in order to help patients break the ‘therapeutic deadlock’;

15.  Calls on the Commission to assess the magnitude of the phenomenon of some patients spending a long time seeking appropriate diagnosis and treatment of Lyme disease, in particular the cross-border movements of patients seeking treatment and the financial consequences thereof;

16.  Calls for the planning and creation of innovative projects that can contribute to improved data gathering and the greater effectiveness of education and awareness-raising activities;

17.  Welcomes the Commission Implementing Decision (EU) 2018/945 of 22 June 2018 on the communicable diseases and related special health issues to be covered by epidemiological surveillance as well as relevant case definitions(2), that includes Lyme neuroborreliosis in the communicable diseases list;

18.  Emphasises that the addition of Lyme disease to the European epidemiological surveillance network is enabling patients to benefit from the advantages of a robust and structured health system that permits permanent communication between competent national authorities, rapid and reliable identification of cases of Lyme borreliosis in the Union, mutual assistance in the field of analysis and interpretation of surveillance data collected, and deployment of devices necessary to stop its spread in humans;

19.  Invites the Member States, which will be able to call on the Commission’s logistical support, to set up an information and awareness campaign to alert the population and all those concerned to the existence of Lyme disease, first and foremost in the regions most affected by its spread;

20.  Calls on the Commission to draw up a European plan to combat Lyme disease that is commensurate with the seriousness of this silent epidemic; encourages the set-up of a European network on Lyme disease that includes relevant stakeholders;

21.  Calls on the Commission and the Member States to publish common prevention guidelines for those at high risk of getting Lyme disease, such as outdoors workers, as well as standardised diagnostic and treatment guidelines;

22.  Calls on the Commission to introduce preventive tests and a method for rapidly treating and monitoring the course of Lyme borreliosis infections among professionals in the agroforestry sector and scientists involved in gathering field data;

23.  Instructs its President to forward this resolution to the Commission.

(1) OJ L 268, 3.10.1998, p. 1.
(2) OJ L 170, 6.7.2018, p. 1.

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