Explanatory Memorandum to COM(2004)143 - International Rail Passengers' Rights and Obligations - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2004)143 - International Rail Passengers' Rights and Obligations. |
|---|---|
| source | COM(2004)143  |
| date | 03-03-2004 |
The need for a better protection of passengers in international rail transport is also underlined by the complaints sent to the Commission by European citizens concerning the inadequate quality of service provided by railway undertakings on international rail passenger services. These inadequacies relate to many different areas, such as insufficient provision of information on timetables, fares, delays and disruption of services; cleanliness of trains or inaccessible carriages or platforms for persons with reduced mobility (PRMs).
Furthermore, this proposal also attempts to address in a generic way the concerns on the quality and quantity of international rail services, as expressed in the written and oral questions by Members of the European Parliament i.
The Consumer Policy Strategy 2002-2006 i recognised the need for better consumer protection for international rail passenger transport, notably as passenger transport by rail is often excluded from the scope of EU legislation on consumer protection.
The Convention concerning International Carriage by Rail (COTIF) of 9 May 1980 currently in force includes Uniform Rules concerning the Contract for International Carriage of Passengers and Luggage by Rail, the CIV appendix. These provisions have been agreed by the States that are members of the Intergovernmental Organisation for International Carriage by Rail (OTIF). Currently 41 states are members of OTIF. All the EU Member States take part on OTIF as well as the accession countries with railways, the only exception being Estonia. The OTIF has developed a uniform system of law applicable to the carriage of passengers, luggage and freight in international rail traffic. The COTIF has been amended by the Vilnius Protocol of 3 June 1999. There is a proposal for an agreement on the European Community's accession to the COTIF i. The accession of the Community will be possible once the Vilnius Protocol has entered into force. The Protocol will enter into force following ratification by at least two thirds of the signatories to the Convention, presumably in 2005.
The obligation to carry has been abolished in the new COTIF. The single contract could be seen as the holder of the passenger rights. To a certain extent this will be based on the voluntary co-operation between the railway undertakings. When assessing the rights emanating from COTIF the revised version has been studied. The current proposal on a regulation entails to a large part passenger rights not covered by the COTIF. This is the case for information to be provided to the passenger, availability of tickets, compensation for consequential damages, rights for persons with reduced mobility, security measures and complaint handling. When it comes to liability in case of death or injury of a passenger the proposal goes further than the COTIF with the aim to align the rail transport with the aviation sector. The proposal also goes further in respect of liability and compensation for delays as well as cancellation of services. Whereas the CIV in this regard provides for accommodation and compensation for notifying persons the regulation will also give the passenger right to compensation. The proposal creates an obligation for railway undertakings to co-operate in order to ensure that integrated tickets as well as information on services are provided.
In order to achieve enforceable and equivalent passenger rights for international rail transport a regulation has been deemed the most appropriate way.
Improvement of passengers' rights will be essential to promote rail transport and thus to contribute to the achievement of one of the main aims of the Common Transport Policy: consolidation and, if possible, strengthening of the modal share of rail transport (6,2% i) at 1998 levels in 2010. This aim implies that passenger transport by rail has to increase considerably in absolute terms: from 287 bln. passenger kilometres (pkm) in 1998 towards 327 bln. pkm as predicted by the anticipated trend and even to 400 bln. pkm in an optimistic scenario for rail transport. The latter means an increase of almost 40% of rail passenger transport, even though its modal share will only represent a modest 6,7%. The study mentioned above estimated that international rail transport represents approximately 10% to 15% of the turnover of railway undertakings. This study also mentioned the huge potential of international passenger transport by rail since the number of foreign trips is expected to grow substantially as a result of the changing demographic structure of the European population: older people are more likely to travel by train as this is more comfortable and convenient than travel by car, coach or air.
Contents
- top
- Legal Base
- Objectives and Scope
- Specific provisions
- Article 4
- Article 5
- Article 6
- Chapter 3 Liability of the railway undertaking
- Article 8
- Article 9
- Article 10
- Article 11
- Chapter 4 Damages and compensation
- Article 13
- Article 14
- Article 15
- Article 16
- Article 17
- Article 18
- Article 19
- Article 20
- Article 21
- Article 22
- Article 23
- Article 24
- Article 25
- Article 26
- Article 27
- Article 28
- Article 29
- Article 30
- Article 31
- Chapter 7 Service Quality
- Article 33
- Article 34
- Article 35
- Article 36
- Chapter 8 Monitoring and Enforcement
- Article 38
- Article 39
- Chapter 9 Final Provisions
- Article 41
- Article 42
- Article 43
- Article 44
- Article 45
Consultation
In October 2002, the Commission's services published a Consultation Document i, which contained an overview of the main problems and the issues to be addressed at Community level. The issues identified in this document were related to the general provisions and conditions of transport concerning international rail passenger journeys; passengers' rights before, during and after the journey as well as the obligations passengers have to comply with whilst travelling on an international service. This document was discussed during a hearing i organised in November 2002, which was attended by the main stakeholders, such as the railway undertakings, infrastructure managers, passenger and consumer organisations and representatives of the Member States. The stakeholders replied to the questions raised in the Consultation Document, which have been taken into account in the elaboration of this proposal.
Consumer organisations, representatives of European passengers' organisations as well as the majority of the Member States expressed their support for a regulatory approach at Community level, whereas the railway undertakings and, to a lesser extent, the infrastructure managers rejected this legal approach. The railway undertakings, represented by the Community of European Railways (CER) referred to the activities it had undertaken to develop a passenger Charter to improve passengers' rights on a voluntary basis.
The Commission welcomed the efforts undertaken by the CER to come to a substantial improvement of the quality of railway services, both national and international, and fully acknowledges that the potential scope of the passenger Charter is wider than a Community approach, which will be restricted to international passenger journeys. However, issues raised in the Consultation Document, as the liability of the railway undertaking, compensation in cases of delays and cancellations of services or access to computer reservation systems would need to be addressed in a regulatory approach rather than in a voluntary agreement between railway undertakings in order to ensure enforceable rights to passengers.
A study has been carried out mainly on the subject of compensation for delays i. The study was presented to the stakeholders in June 2003, and clearly showed that the introduction of compensation schemes would only slightly raise costs for the railway undertakings: a rough estimate is that it represents less than 1% of the turnover of the railway undertakings for international transport. The benefits of the introduction of compensation schemes are difficult to quantify, due to a persistent lack of reliable data as well as the problems associated with the quantification of the effects of a quality improvement. The costs associated with delays and cancellations are likely to equal or even exceed the costs of the introduction of compensation schemes since the costs for additional staff, overtime and rolling stock should be considered as well. The introduction of a compensation scheme should therefore be an additional incentive for railway undertakings to improve their quality standards.
The legal base for the proposal is set out explicitly in Article 71 of the EC Treaty, to which applies the co-decision procedure.
This proposal aims at establishing rights and obligations for international rail passengers in order to improve the effectiveness and attractiveness of international rail passenger transport. The proposal will lay down provisions on the minimum requirements for information to be provided to passengers before, during and after their journey; contract conditions; the liability of railway undertakings in cases of accidents, delays or cancellations of services; the conditions under which persons with reduced mobility shall be assisted and, finally, the conditions under which railway undertakings shall co-operate to achieve the aims of the Regulation.
Furthermore, this proposal aims at defining the obligations passengers have to comply with, such as the obligation to purchase a ticket and to avoid any behaviour likely to inconvenience train staff or other passengers.
Chapter 1 General Provisions
Article 1
This Article sets out the subject matter and scope of the Regulation
Article 2
This Article gives the definitions
Chapter 2 Information and tickets
Article 3
This Article establishes the right for the passenger to obtain information. According to the annex the information is divided into information pre-trip, during the journey and after the journey. The Article deals with the content as well as the format to be used for the presentation of the information.
Article 4 i deals with the transport contract as well as its evidential value. In Article 4 i the issuing of tickets is dealt with as well as the information the ticket should contain. Article 4 i creates a right for the passenger to transfer a ticket made out in his name. Article 4 i is to safeguard the evolution of tickets, for instance electronic tickets.
This Article corresponds to Article 3 of Regulation 2299/89 on a code of conduct for computerised reservation systems. It is of great importance that access to these systems is safeguarded in order to assure a non-discriminatory access and customer interests.
This Article establishes the right for a passenger to buy integrated 'through-tickets' for the international journey. This right is only ensured if the railway undertakings are obliged to co-operate. The co-operation is a means for the railway undertakings to simplify the international rail transport. Article 6 i deals with distribution channels for international rail tickets. This Article also determines the conditions under which a passenger can purchase a ticket on the train.
Article 7
This Article deals with liability in case of death or injury of a passenger. The railway undertaking is liable if the accident took place when the passenger was on the train or while boarding or leaving. The Railway undertaking is in this respect also responsible for the infrastructure manager.
Article 7 i lays down an obligation to have an insurance of a certain amount. Corresponding rules are found in aviation field, in Article 3 i of Regulation 889/2002. i
This Article deals with liability in respect of hand luggage both in the case when the passenger is injured due to the accident and when he is not. In the first case the railway undertaking is liable in the latter only if at fault.
This Article deals with liability for luggage. The railway undertaking is liable if the damage took place when the luggage was under its responsibility.
This Article introduces a right for a passenger to be compensated for delay. The railway undertaking is liable for delay, including a delay leading to a missed connection, or cancellation unless it is the result of exceptional circumstances.
This Article gives the passenger a right to be compensated for consequential damages due to the delay, the missed connection or cancellation of services.
Article 12
This Article brings the railway in line with the aviation sector in the respect that it introduces a strict liability without financial limits in case of death or injury to a passenger.
Up to an amount of 220 000 EUR, which is an approximate to 175 000 Special Drawing Rights (SDR), the railway undertaking can not contest the claim except when caused by the passenger himself. Above this amount he can contest but has the burden of proof that he was not at fault. The liability for passenger death and injury in CIV is also strict, e.g. a liability without fault, but it can under certain circumstances be contested. The liability introduced here is thus stricter. SDR is an international reserve asset created by IMF in 1969. The SDR is defined as a basket of currencies, today consisting of the Euro, Japanese yen, pound sterling and U.S. dollar. It is used in the aviation as well as in the maritime field, and in the COTIF. From a passenger point of view it has been deemed more appropriate to use the Euro as currency in this regulation. However the basis of the amounts given is in SDRs which explains the somewhat odd figures.
Article 12 i creates a right for the descendant.
This Article gives the passenger right to advance payments to cover immediate needs after the occurrence of an accident. It corresponds to what is applied in the aviation field.
This Article states the amount due if luggage has been damaged or destroyed. The amount for hand luggage is equivalent to that of CIV (Article 34), whereas the amount for other luggage is equivalent to the aviation sector. (Art 22 i Council decision 2001/539 i).
This Article lays down the right of compensation for delays. The amounts are given in the annex and are differentiated in relation to service and it's duration. The Article further sets the time limit within which the compensation is to be paid as well as the mode. For amounts not exceeding four EUR there is no compensation.
This Article creates a right for the passenger to be reimbursed or re-routed when he has missed a connection due to delay or there has been a cancellation of services. The same is being proposed within the aviation sector for denied boarding and cancellation or long delay of flights.
This Article gives the passenger a right to assistance in case of delay, missed connection or cancellation of a service. The assistance includes meals, accommodation, transport and notifying persons. According to the Article a railway undertaking shall, if requested, certify on the ticket that the service has been delayed or cancelled. This makes it easier for the passenger when exercising its rights.
This Article clarifies that the liability rules of the regulation shall apply even if part of the railway transport is carried out on a ferry, e.g. the railway vehicles are carried on the ferry, unless the legal regime applied on the ferry is more favourable to the passenger.
The Regulation shall apply if the railway transport is temporarily suspended and the railway passengers carried by another mode of transport.
This Article is meant to clarify that when an international journey is carried out by several successive railway undertakings then the passenger shall have the right to chose whom to send his claim to and the railway undertakings shall be liable according to the principle all for one and one for all.
This Article is to safeguard the right of the passenger when the railway undertaking with which the passenger has his contract has entrusted the performance of the transport to another railway undertaking.
This Article sets out for whom the railway undertaking is responsible. Besides being responsible for his staff and others whose services he makes use of the railway undertaking is also to be responsible for the staff of the infrastructure manager.
This Article states that a claim based on the regulation can only be brought against the railway undertaking under the conditions and limitations laid down in the Regulation. The same is valid for a claim brought against a person for whom the railway undertaking is responsible.
This Article deals with limitation on actions. Article 23 i corresponds to Article 60 CIV whereas Article 23 i corresponds to what is applied in the aviation field thus expanding the time limit one year in relation to CIV.
Article 24 states the right of recourse.
Article 25 i is to safeguard the passenger a derogation from the obligations of the regulation is null and void. Article 25 i clarifies that the rules laid down are minimum and that more favourable conditions can be offered.
This Article stipulates the exception to the liability rules. If the railway undertaking proves that the damage was caused by the passenger himself it will not be liable. This is also valid in the case death or injury of a passenger.
This Article creates the right for a person with reduced mobility to get a ticket and a reservation for an international journey.
Article 28 gives the person with reduced mobility right to assistance under condition that the person has notified the railway undertaking in advance of his needs. The assistance includes boarding, changing to a corresponding service as well as disembarking. This Article introduces the notion station manager which is the person that is to provide the assistance to persons with reduced mobility at the railway station.
This Article points out the person responsible for supplying assistance. It further entails rules on charges.
This Article gives the person with reduced mobility the right to request assistance from the railway undertaking or tour operator on board or when embarking or disembarking; under condition that he has notified his needs in advance.
Article 31 deals with the reception of notifications as well as the communication between the railway undertaking or the tour operator and the managing body at the railway station.
Article 32
This Article deals with security at railway stations and on board the train. In order to ensure passenger security the railway undertakings will need to co-operate.
This Article aims at ensuring a certain level of service quality. Service quality standards for international services shall be defined and the performance is to be monitored by the railway undertaking providing the service and made public.
Article 34 establishes a complaint handling mechanism to the benefit of the passenger. It states to whom complaints can be submitted, what language can be used, who is to respond and within what time limit a response is to be given. It further states that railway undertakings are to publish the number of complaints received.
This Article states to whom a claim regarding liability shall be addressed.
This Article lays down the obligations to be met by the passenger. These are being in possession of a valid ticket and behaving appropriately.
Article 37
This Article states that a railway undertaking is to inform the public about services that are to be discontinued.
This Article stipulates an obligation for the Member State to designate a body responsible for enforcement of the regulation.
This Article states that the designated bodies shall co-operate and exchange information.
Article 40
This Article determines the penalties shall lay down in case of non-compliance with the provisions of the Regulation.
Article 41 refers to the modification of the Annexes.
This Article provides for the amending of provisions on amounts indicated in the Regulation.
Article 43 determines the committee procedures.
According to this Article the Commission shall report to the European Parliament and the Council on the implementation and the result of this regulation three years after its entry into force.
This Article sets the date when the regulation will enter into force.