Annexes to COM(2019)179 - Exemptions granted by Member States under Regulation (EU) No 181/2011 concerning the rights of passengers in bus and coach transport

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agreements with third countries and introduce similar passenger rights articles in such agreements.

4. Conclusion

Several Member States granted extensive exemptions during the first four years from the application of the Regulation in order to allow bus and coach carrier to prepare for its application. In 2017, when they had to reconsider whether they should continue the use of these exemptions, some of these Member States considered that bus and coach carriers are prepared to fully apply the Regulation and there is no further need to apply these exemptions. Nevertheless, there are still 10 Member States using two or one of these exemptions.

(1)

Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.2.2011, p. 1).

(2)

In addition, a limited number of provisions (the most important being on the compensation and assistance that carriers are required to provide in case of death, injury, loss or damage caused by road accidents) also apply to ‘occasional services’, where the group of passengers is constituted on the initiative of the customer or the carrier.

(3)

In addition, as the Regulation is listed in the Annex of Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws, the national authorities participating in the EU Consumer Protection Cooperation can cooperate with each other to investigate violations of EU bus and coach passenger rights and use cooperative enforcement measures to deter operators from the violation of those rights.

(4)

The Commission publishes an updated list on the exemptions granted by Member States on the basis of information provided by Member States at:

https://ec.europa.eu/transport/sites/transport/files/themes/passengers/road/doc/exemptions-from-bus-coach-passengers-rights-and-obligations.pdf

(5)

The Czech Republic only granted exemptions from Articles 8, 19 and 21 of the Regulation.

(6)

The exemption granted by Hungary do not cover Articles 7 and 16(1) of the Regulation.

(7)

On 20 December 2018 when the manuscript of the report was finalised the same Member States applied the exemption.

(8)

On 20 December 2018 when the manuscript of the report was finalised the same Member States applied the exemption.

(9)

COM(2016) 619 final

(10)

The European Disability Forum (EDF) and the European Passengers’ Federation (EPF)

(11)

  http://ec.europa.eu/transparency/regexpert/index.cfm?do=groupDetail.groupMeeting&meetingId=2166