Activities of Mark DEMESMAEKER related to 2017/0237(COD)

Proposal for a regulation
Recital 9 a (new)

(9a) Well-developed multimodal passenger transport systems will help 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.

2018/04/17
Committee: IMCO

Proposal for a regulation
Recital 16 a (new)

(16a) The method of calculating delays differs from country to country. A uniform European punctuality standard applicable in all Member States would allow passengers to compare operators and ensure that they know what rights they can exercise in which circumstances. Building on this revision, the Commission should therefore propose a methodology for calculating delays. That method of calculation would subsequently be applied in the same way in all Member States and by all operators.

2018/04/17
Committee: IMCO

Proposal for a regulation
Recital 6

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

2018/04/03
Committee: TRAN

Proposal for a regulation
Recital 21

(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. In this connection, the impact of such weather conditions or major natural disasters on other modes of transport should be taken into consideration. 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.

2018/04/17
Committee: IMCO

Anneleen VAN BOSSUYT, Richard SULÍK, Mark DEMESMAEKER

Proposal for a regulation
Recital 9 a (new)

(9a) Intensive multimodal passenger transport will help 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.

2018/04/03
Committee: TRAN

Proposal for a regulation
Article 2 – paragraph 2 – point a

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

2018/04/17
Committee: IMCO

Mark DEMESMAEKER, Helga STEVENS, Jana ŽITŇANSKÁ, Peter van DALEN

(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. PIf the sales office is closed and if no accessible ticket vending facilities are available at the station, persons with disabilities and persons with reduced mobility ~~should be enabled to buy~~are allowed to purchase tickets on board athe train ~~without extra charge~~. They should not be additionally charged for this. 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 with assistance at stations and on board at all times when trains operate and not only at certain times of the day.

2018/04/03
Committee: TRAN

Proposal for a regulation
Recital 15 a (new)

(15a) The cost of a phone call to book assistance should never exceed the regular local call rate because otherwise this is an additional cost for persons with disabilities, in line with point 5.4 of the Commission's Interpretative Guidelines.

2018/04/03
Committee: TRAN

Mark DEMESMAEKER, Helga STEVENS, Jana ŽITŇANSKÁ, Peter van DALEN

Proposal for a regulation
Recital 15 b (new)

(15b) Service animals need particular attention in the case of long delays, cancellations or other exceptional situations, including the need to drink, eat or be given a run during a delay or upon arrival after a long journey.

2018/04/03
Committee: TRAN

Proposal for a regulation
Recital 16 a (new)

(16a) The method of calculating delays differs from country to country. A European punctuality standard applicable in all Member States would allow passengers to compare operators and ensure that they know what rights they can exercise in which circumstances. Building on this revision, the Commission should therefore propose a methodology for calculating delays. That method of calculation would subsequently be applied in all Member States and by all operators.

2018/04/03
Committee: TRAN

Anneleen VAN BOSSUYT, Richard SULÍK, Mark DEMESMAEKER

Proposal for a regulation
Recital 21

(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. In this connection, the impact of such weather conditions or major natural disasters on other modes of transport should be taken into consideration. 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.

2018/04/03
Committee: TRAN

Proposal for a regulation
Article 9 – paragraph 4 a (new)

4a. Railway undertakings and ticket vendors offering transport contracts on behalf of one or more railway undertakings shall provide passengers with information on any connections with other transport modes.

2018/04/17
Committee: IMCO

Mark DEMESMAEKER, Helga STEVENS, Jana ŽITŇANSKÁ, Peter van DALEN

Proposal for a regulation
Article 2 – paragraph 2 – point a

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

2018/04/03
Committee: TRAN

Proposal for a regulation
Article 2 – paragraph 4

4. Articles 5, 10, 11 ~~and 25 and Chapter V~~, 12, 20, 21, 22, 23, 24, 25 and 26 shall apply to all rail passenger services referred to in paragraph 1, including services exempted in accordance with points (a) and (b) of paragraph 2.

2018/04/03
Committee: TRAN

Mark DEMESMAEKER, Helga STEVENS, Jana ŽITŇANSKÁ

Proposal for a regulation
Article 14 – paragraph 1 a (new)

Within 12 months, the Commission shall propose a standard method, to be applicable in all Member States, for calculating delays. That method shall be incorporated into the definition set out in point (13) of Article 3.

2018/04/17
Committee: IMCO

Proposal for a regulation
Article 9 – paragraph 1

1. Railway undertakings and ticket vendors offering transport contracts on behalf of one or more railway undertakings shall routinely provide the passenger, upon request, with at least the information set out in Annex II, Part I in relation to the journeys for which a transport contract is offered by the railway undertaking concerned. Ticket vendors offering transport contracts on their own account, and tour operators, shall provide this information where available.

2018/04/03
Committee: TRAN

Mark DEMESMAEKER, Helga STEVENS, Jana ŽITŇANSKÁ, Peter van DALEN

Proposal for a regulation
Article 17 – paragraph 8

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. In this connection, the impact of such weather conditions or major natural disasters on other modes of transport shall be taken into consideration.

2018/04/17
Committee: IMCO

Proposal for a regulation
Article 9 – paragraph 2

2. Railway undertakings and~~, where possible,~~ 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.

2018/04/03
Committee: TRAN

Proposal for a regulation
Article 9 – paragraph 3

3. The information referred to in paragraphs 1 and 2 shall be provided in the most appropriate format including by using up-to-date communication technologies . 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 454/2011 . The availability of accessible formats should be clearly advertised.

2018/04/03
Committee: TRAN

Mark DEMESMAEKER, Helga STEVENS, Jana ŽITŇANSKÁ, Peter van DALEN

Proposal for a regulation
Article 9 – paragraph 4 a (new)

4a. Railway undertakings and ticket vendors offering transport contracts on behalf of one or more railway undertakings shall provide passengers with information on any connections with other transport modes.

2018/04/03
Committee: TRAN

Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – introductory part

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

2018/04/03
Committee: TRAN

Mark DEMESMAEKER, Helga STEVENS, Jana ŽITŇANSKÁ, Peter van DALEN

Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2

Member States may require railway undertakings to provide tickets for services provided under public service contracts through more than ~~one~~two point of sale.

2018/04/03
Committee: TRAN

Mark DEMESMAEKER, Helga STEVENS, Jana ŽITŇANSKÁ, Peter van DALEN

Proposal for a regulation
Article 10 – paragraph 4 – introductory part

4. Where there is no ticket office or ticketing machine in the station of departure, or when the ticket machine is not fully accessible, passengers shall be informed at the station:

2018/04/03
Committee: TRAN

Anneleen VAN BOSSUYT, Mark DEMESMAEKER, Richard SULÍK

Proposal for a regulation
Article 28 – paragraph 1

1. All railway undertakings, ticket vendors, station managers and infrastructure managers of stations handling more than 10 000 passengers per working day on average over a year shall each 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.

2018/04/17
Committee: IMCO

Proposal for a regulation
Article 14 – paragraph 1 a (new)

Within 12 months the Commission shall propose a standard method, to be applicable in all Member States, for calculating delays. That method shall be incorporated into the definition set out in point (13) of Article 3.

2018/04/03
Committee: TRAN

Mark DEMESMAEKER, Helga STEVENS, Jana ŽITŇANSKÁ, Ádám KÓSA

Proposal for a regulation
Article 17 – paragraph 8

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. In this connection, the impact of such weather conditions or major natural disasters on other modes of transport should be taken into consideration.

2018/04/03
Committee: TRAN

Proposal for a regulation
Article 18 – paragraph 5

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/or service animals.

2018/04/03
Committee: TRAN

Mark DEMESMAEKER, Helga STEVENS, Jana ŽITŇANSKÁ, Ádám KÓSA, Peter van DALEN

Proposal for a regulation
Article 18 – paragraph 6

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, including those with disabilities and/or reduced mobility, are provided with adequate assistance and information, including in accessible formats in accordance with the accessibility requirements laid down in Directive XXX. The plan shall also include requirements for the accessibility of alert and information systems. 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.

2018/04/03
Committee: TRAN

Mark DEMESMAEKER, Helga STEVENS, Jana ŽITŇANSKÁ, Peter van DALEN

Proposal for a regulation
Article 21 – paragraph 2

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~~ propose an alternative transport option to the person in question taking into account his or her accessibility needs.

2018/04/03
Committee: TRAN

Mark DEMESMAEKER, Helga STEVENS, Jana ŽITŇANSKÁ

Proposal for a regulation
Article 22 – paragraph 1

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 also always be free of charge, irrespective of the communication channel being used.

2018/04/03
Committee: TRAN

Proposal for a regulation
Article 24 – paragraph 1 – point a

(a) assistance shall be provided 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 hour~~30 minutes before the assistance is needed. 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;

2018/04/03
Committee: TRAN

Mark DEMESMAEKER, Helga STEVENS, Jana ŽITŇANSKÁ, Peter van DALEN

Proposal for a regulation
Article 24 – paragraph 1 – point e

(e) assistance shall be provided on condition that the person with disabilities or person with reduced mobility presents him or herself 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 tim15 minutes before the published departure or the time at which all passengers are asked to check in.

2018/04/03
Committee: TRAN

Mark DEMESMAEKER, Helga STEVENS, Jana ŽITŇANSKÁ

Proposal for a regulation
Article 25 – paragraph 2

2. The compensation referred to in paragraph 1 shall be speedily awarded and be equal to the full cost of replacement ~~or repair of the equipment or devices lost or damaged~~based on the actual value or the full cost of repair of the equipment, including wheelchairs, or devices lost or damaged. In the case of loss of or injury to the service animal, the full cost of replacement or the full reimbursement of all medical expenses. The compensation shall also include the cost of appropriate temporary replacement in case of repair, in case the replacement comes at an extra charge.

2018/04/03
Committee: TRAN

Mark DEMESMAEKER, Helga STEVENS, Jana ŽITŇANSKÁ, Peter van DALEN

Proposal for a regulation
Article 26 – paragraph 1 – point a

(a) ensure that all personnel, 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 ~~impairment~~disabilities;

2018/04/03
Committee: TRAN

Mark DEMESMAEKER, Helga STEVENS, Jana ŽITŇANSKÁ, Ádám KÓSA, Peter van DALEN

Proposal for a regulation
Article 26 – paragraph 1 – point b

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

2018/04/03
Committee: TRAN

Proposal for a regulation
Article 26 – paragraph 1 – point c

(c) ~~ensure that, upon recruitment, all new~~actively engage and involve persons with disabilities and persons with reduced mobility, including employees ~~receive~~with disabilit~~y-related training and that personnel attend regular refresher training courses~~ies or reduced mobility, and their representative organizations in the disability-related training of employees and staff.

2018/04/03
Committee: TRAN

Proposal for a regulation
Article 26 – paragraph 1 a (new)

Disability-related training courses mentioned in paragraphs (a), (b) and (c) shall meet the specifications set out in Annex VI.

2018/04/03
Committee: TRAN

Proposal for a regulation
Article 28 – paragraph 1

1. All railway undertakings, ticket vendors, station managers and infrastructure managers of stations handling more than 105 000 passengers per day on average over a year shall each 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.

2018/04/03
Committee: TRAN

Proposal for a regulation
Article 32 – paragraph 1

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. 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. The~~y may also decide on enforcement actions based on individual complaints transmitted by such a body~~ national enforcement body or the designated complaint handling body shall be granted the powers and the capacity to enforce individual complaints from passengers under this Regulation.

2018/04/03
Committee: TRAN

Proposal for a regulation
Article 32 – paragraph 3 a (new)

3a. The national enforcement bodies, in collaboration with Disabled Persons’ Organisations (DPOs), shall conduct regular audits of the assistance services provided and publish the results in accessible formats.

2018/04/03
Committee: TRAN