1. 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

2. 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

3. 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

4. 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)

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

6. 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)

7. 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

8. 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)

9. 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

10. 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.

11. 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

12. 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

13. 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)

14. THANK YOU