Communication on passenger rights in all transport modes COM(2011) 898 final, 19/12/2011 19/04/2012 Flor Diaz Pulido Deputy Head of Unit - Passenger Rights Unit European Commission - DG for Mobility and Transport

Passenger Rights & EU Transport Policy 2001 White Paper European Transport policy for 2010: Time to decide Reinforcement of passengers’ rights (for aviation and) ... to extend the Community’s passenger measures to the other modes of transport, notably rail and maritime. 2010 All transport modes are now covered (aviation, rail, maritime, bus & coach) Rights that have been strengthened by EU action: Specific measures to support access to travel for PRMs Automatic and immediate solutions when travel is interrupted Handling of complaints and means of redress Provision of appropriate passenger information 2011 Adoption of the Communication on Passenger Rights in all transport modes

Objectives of the Communication It aims at helping: Carriers towards a more coherent and effective application of EU Law National authorities towards a harmonised enforcement of passenger protection across all modes Passengers towards a better understanding of what they can expect as minimum quality service when travelling It summarises in a simple manner the rights and principles which apply to all modes It identifies some areas where further convergence of current legislation is necessary

EU Passenger Rights Legislation Air Passenger Rights: Regulation 261/2004 on air passenger rights in case denied boarding, cancellation and long delay (applicable since 2005) Regulation 1107/2006 on rights of air passengers with disabilities or reduced mobility (applicable partly since July 2007 and in full since July 2008) Regulation 889/2002 on liability in case of loss, delay and damage of luggage (applicable since May 2002) Rail Passengers Rights: Regulation 1371/2007 (applicable since December 2009) Maritime Passenger Rights: Regulation 1177/2010 (entry into force: 18 December 2012) Bus & Coach Passenger Rights: Regulation 181/2011 (entry into force: March 2013)

Three main principles for Passenger rights non-discrimination; accurate, timely and accessible information; immediate and proportionate assistance.

10 common passenger rights and principles (1) Right to non-discrimination in access to transport (2) Right to mobility: accessibility and assistance at no additional cost for disabled passengers and passengers with reduced mobility (PRM) (3) Right to information before purchase and at key stages of travel (notably in cases of disruption) (4) Right to renounce travelling (reimbursement of the full cost of the ticket) when the trip is not carried out as planned (5) Right to the fulfilment of the transport contract in situations of disruption (rerouting and rebooking)

10 common passenger rights and principles (6) Right to get assistance in situations of long delay at departure or at connecting points (7) Right to compensation under certain circumstances (8) Principle of carrier liability to passengers and their baggage (9) Right to a quick and accessible system of complaint handling (10) Right to full application and effective enforcement of EU law

Differences between the modes Scope and exemptions (e.g. Rail: Member States may exempt urban, suburban and regional services) Where a PRM is required to be accompanied transport of that person (free of charge on ships and buses & coaches) Definition of delay in relation to the right to assistance, reimbursement, re-routing or compensation (e.g. from 60 to 300 min.) Limitations to the right to assistance while waiting for re-routing no limitation for air and rail transport €80 per night & for 3 nights in waterborne transport and for 2 nights for busses & coaches no accommodation for severe weather conditions (ships) and major natural disasters (buses & coaches) Amount of compensation (lump-sum/distance in air vs.% of ticket in rail)

Differences between the modes Conditions excluding an obligation to pay compensation extraordinary circumstances in air and waterborne transport, circumstances not connected to the railway or fault of a third person or the rail passenger offer of the choice reimbursement/rerouting in coach transport Right to information Reply to complaints from passengers (e.g. time line) Rail: Obligation to report on the minimum service quality standards Rail: No right to non-discrimination except for PRMs

Application and enforcement Transport operators (carriers and infrastructure managers) to comply with the obligations of the Regulations to initially respond to passengers' claims Member States – designation of national enforcement body ("NEB") to deal with individual complaints (but usually only after they have been considered by the operator) monitor the application of rules adopt and apply sanctioning schemes (effective, proportionate, dissuasive) European Commission monitors the application and enforcement by Member States organises meetings with NEBs and stakeholders to facilitate the exchange of experience and best practices provides common interpretative guidance for an uniform application of the rules can use infringement procedures against Member States where there is a lack of systematic application or enforcement or the legislation.

What’s Next? - AIR April 2011 Communication on APR highlighted the need for more uniform interpretation more effective enforcement through more systematic and structured cooperation with NEB and stakeholders Greater passenger awareness of their rights (Possible) Revision of Regulation 261/2004 Current independent study on the application of the Regulation Public consultation on APR – Results in May 2012 Impact assessment to evaluate impact of different scenarios for the revision Commission intends to make legislative proposals by the end of 2012

What’s Next? AIR Improvement of enforcement through reinforced cooperation with NEB and stakeholders Follow-up of the April 2011 application Report on Regulation 1107/2006 interpretative guidelines on the application of Regulation 1107/2006 after consultation with NEBs and stakeholders (Spring 2012) European Parliament Own Initiative Reports on the functioning and application of established rights of people travelling by air (2011/2150(INI)) "Taylor's Report", on a European Vision for Passengers: Passenger rights across all transport modes "Bach's Report" (on going) 13 Pending cases in front of the EU Court of Justice: 11 on air passenger rights 2 on rail passenger rights

What’s Next? All modes Uniform interpretation of EU passenger rights through Guidelines on air PRMs in 2012 rail passengers rights in 2013 waterborne transport passenger rights in 2014 road transport passenger rights in 2015 Better quality of PRM transport (notably accessibility of infrastructures - Accessibility Act in 2012)

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