Activities of Pavel TELIČKA related to 2017/0237(COD)
Plenary speeches (1)
Rail passengers' rights and obligations (debate)
Amendments (41)
Amendment 65 #
Proposal for a regulation
Recital 6
Recital 6
Amendment 85 #
Proposal for a regulation
Recital 9
Recital 9
(9) Users’ rights to rail services include the receipt of information regarding the service both before and, during and after the journey. Whenever possible, rRailway undertakings and ticket vendors should provide this information in advance and as soon as possible. That information should be provided in accessible formats for persons with disabilities or persons with reduced mobility.
Amendment 94 #
Proposal for a regulation
Recital 13
Recital 13
(13) The increasing popularity of cycling across the Union has implications for overall mobility and tourism. An increase in the use of both railways and cycling in the modal split reduces the environmental impact of transport. Therefore, railway undertakings should facilitate the combination of cycling and train journeys as much as possible, in particular by allowing the carriage of bicycles on board trains. The carriage of bicycles may be refused on the ground of safety and good functioning of rail operation services.
Amendment 101 #
Proposal for a regulation
Recital 14
Recital 14
(14) Railway undertakings should facilitate the transfer of rail passengers from one operator to another by the provision of through-tickets, whenever possible. In particular, through-tickets should be considered whenever, according to the time schedules, known at the time of the purchase of the ticket, there is time for the passenger to transfer between one service to another.
Amendment 121 #
Proposal for a regulation
Recital 16
Recital 16
(16) Railway undertakings and station managers should take into account the needs of persons with disabilities and persons with reduced mobility, through compliance with the TSI for persons with reduced mobility. and the Directive XXX when complementing TSI In addition , in accordance with Union public procurement rules, in particular Directive 2014/24/EU of the European Parliament and of the Council26 , all buildings and rolling stock should be made accessible through the progressive elimination of physical obstacles and functional hindrances when acquiring new material or carrying out construction or major renovation work. _________________ 26 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).
Amendment 123 #
Proposal for a regulation
Recital 17
Recital 17
(17) It is desirable that this Regulation create a system of compensation for passengers in the case of delay which is linked to the liability of the railway undertaking, on the same basis as the international system provided by the COTIF and in particular CIV Uniform Rules thereto relating to passengers' rights. In the event of a delay of a passenger service, railway undertakings should provide passengers with compensation based on a percentage of the ticket price. Compensation rates should reflect the need to mitigate delays and to reduce passengers’ dissatisfaction. Passengers should be able to use a Union standardised complaint form for submitting a complaint in their own Union languages if they prefer, and it should be equally valid to a complaint format provided by the railway undertakings, ticket vendors, railway station or infrastructure manager involved in the complaint process. Railway undertakings, ticket vendors should be encouraged to develop an automatic compensation system, like a passenger account or a Smartcard, to claim compensation for delay or cancellation, both to avoid a complex and cumbersome process for the passenger and to speed up the payment of the compensation.
Amendment 134 #
Proposal for a regulation
Recital 23
Recital 23
(23) This Regulation should not restrict the rights of railway undertakings, ticket vendors, railway station or infrastructure manager to seek compensation from any person, including third parties, in accordance with applicable national law.
Amendment 136 #
Proposal for a regulation
Recital 27
Recital 27
(27) Rail passengers should be able to submit a complaint to any railway undertaking, ticket vendor, railway station or infrastructure manager involved regarding the rights and obligations conferred by this Regulation, and be entitled to receive a response within a reasonable period of time.
Amendment 143 #
Proposal for a regulation
Article 1 – paragraph 1 – point -a (new)
Article 1 – paragraph 1 – point -a (new)
(-a) the minimum information to be provided to the passengers by railway undertakings and ticket vendors, including the conclusion of transport contracts, and the issuing of tickets, as laid out in Annex II Part I and Part II.
Amendment 145 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) non-discrimination between passengers with regard to transport and ticketing conditions;
Amendment 147 #
Proposal for a regulation
Article 1 – paragraph 1 – point e
Article 1 – paragraph 1 – point e
Amendment 153 #
Proposal for a regulation
Article 1 – paragraph 1 – point h
Article 1 – paragraph 1 – point h
(h) the filing and handling of complaints;
Amendment 159 #
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 185 #
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Articles 5, 10, 11, 12 and 25 and Chapter V 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.
Amendment 194 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘ticket vendor’ means any retailer of rail transport services concluding transport contracts and selling tickets on behalf of a one or more railway undertakings or for its own account;
Amendment 197 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
(6a) “ticket” means a valid evidence that entitles the passenger to rail transport, regardless of its form, paper, e- Ticket, Smartcard, travel card;
Amendment 201 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘through-ticket’ means a ticket or separate tickets representing a single transport contract for successive railway services operated by one or more railway undertakings;, , forming part of an end-to- end journey,
Amendment 217 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Without prejudice to social tariffs, railway undertakings or ticket vendors shall offer contracttransport contract and ticketing conditions and tariffs to the general public without direct or indirect discrimination on the basis of the final custompassenger’'s nationality or residence, or the place of establishment of the railway undertaking or ticket vendor within the Union or the means through which passengers bought the ticket.
Amendment 228 #
Passengers shall be entitled to take bicycles on board the train, where appropriate for a reasonable fee. They shall keep their bicycles under supervision during the journey and ensure that no inconvenience or damage is caused to other passengers, mobility equipment, luggage or rail operations. The carriage of bicycles may be refused or restricted for safety or operational reasons, provided that railway undertakings, ticket vendors, tour operators and, where appropriate, station managers inform passengers, at the latest when purchasing the ticket, of the conditions for such a refusal or restriction in accordance with Regulation (EU) No 454/2011.
Amendment 240 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Railway undertakings and ticket vendors offering transport contracts on behalf of one or more railway undertakings shall 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. For this purpose, railway undertakings shall provide this information to ticket vendors and other railway undertakings, selling their service. Ticket vendors offering transport contracts on their own account, and tour operators, shall provide this information where available.
Amendment 248 #
Proposal for a regulation
Article 9 – paragraph 2
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. The same shall apply to ticket vendors except in cases where they do not have the possibility to connect with the passenger and inform him/her. For the purpose of this paragraph, railway undertaking shall provide information set out in Annex II, Part II to ticket vendors and other railway undertakings, selling its service.
Amendment 280 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Railway undertakings and ticket vendors shall offer tickets and, where available, through-tickets and reservations. They shall make all possible efforts to offer through-tickets, including for journeys across borders and with more than one railway undertaking reservations. They shall offer through-tickets, including for journeys across borders and with more than one railway undertaking, where according to the time schedules known at the time of the purchase of the ticket, there is time for the passenger to transfer between one service to another. Ticket vendors and railway undertakings shall make available to station managers, infrastructure managers, and each other the data concerning sold tickets and the related passengers on a real-time basis in a non- discriminatory way, in line with the General Data Protection Regulation (EU) 2016/679 1a. _________________ 1aRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, OJ L 119, 4.5.2016.
Amendment 313 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Where there is no ticket office or accessivailable ticketing machine in the station of departure, passengers shall be permitted to buy tickets on board the train, or upon their arrival at no extra cost. The same applies to persons with disabilities and persons with reduced mobility shall be permitted to buywhere there is no tickets on board the train at no extra costffice or accessible ticketing machine.
Amendment 326 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Where a passenger receives separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings, his rights to information, assistance, care and compensation shall be equivalent to those under a through-ticket and cover the whole journey from the departure to the final destination, unless the passenger is explicitly informed otherwise in writing. Such information shall in particular state that when the passenger misses a connection, he or she would not be entitled to assistance or compensation based on the total length of the journey. The burden of proof that the information was provided shall lie with the railway undertaking, its agent, tour operator or ticket vendor.
Amendment 351 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. For the purposes of point (b) of paragraph 1, cin case of missed connection due to delay or cancellation, of an earlier leg of the passenger’s journey, the passenger shall be allowed to take the next service available in order to reach his/her final planned destination. Comparable re-routing may be operated by any railway undertaking and may involve the use of transport of a higher class and alternative modes of transport without generating additional costs to the passenger. Railway undertakings shall make reasonable efforts to avoid additional connections. The total travel time when using an alternative mode of transport for the part of the journey not completed as planned shall be comparable to the scheduled travel time of the original journey. Passengers shall not be downgraded to transport facilities of a lower class unless such facilities are the only re-routing means available.
Amendment 367 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) 25 % of the ticket price for a delay of 630 to 1159 minutes,
Amendment 378 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) 50 % of the ticket price for a delay of 120 minutes or more.60 to 89 minutes,
Amendment 382 #
Proposal for a regulation
Article 17 – paragraph 1 – point b a (new)
Article 17 – paragraph 1 – point b a (new)
(b a) 75% of the ticket price for a delay of 90 to 119 minutes,
Amendment 384 #
Proposal for a regulation
Article 17 – paragraph 1 – point b b (new)
Article 17 – paragraph 1 – point b b (new)
(bb) 100 % of the ticket price for a delay of 120 minutes or more.
Amendment 390 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Paragraph 1 also applies to passengers who hold a travel pass or season ticket. If they encounter recurrent delays or cancellations during the period of validity of the travel pass or season ticket, they may request adequate compensation in accordance with the railway undertaking’s compensation arrangements. These arrangements shall state the criteria for determining delay and for the calculation of the compensation. Where delays of less than 630 minutes occur repeatedly during the period of validity of the travel pass or season ticket, the delays shall be counted cumulatively and passengers shall be compensated in accordance with the railway undertaking’s compensation arrangements.
Amendment 402 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The compensation of the ticket price shall be paid within one month after the submission of the request for compensation. The compensation may be paid in vouchers and/or other services, or through an automatic compensation system where in place, if the terms are flexible (in particular regarding the validity period and destination). The compensation shall be paid in money at the request of the passenger.
Amendment 434 #
Proposal for a regulation
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) meals and refreshments for safety concerns, in reasonable relation to the waiting time, if they are available on the train or in the station, or can reasonably be supplied taking into account criteria such as the distance from the supplier, the time required for delivery and the cost;
Amendment 481 #
Proposal for a regulation
Article 22 – paragraph 1
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). Any booking of assistance shall always be free of charge, irrespective of the method of communication used.
Amendment 495 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 505 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
Amendment 511 #
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) assistance shall be providedon board and on the station shall be provided during all time when rail services operate on condition that the railway undertaking, the station manager, the ticket vendor or the tour operator with which the ticket was purchased is notified by the passenger or, if applicable, by the ticket vendor of the person’s need for such assistance at least 483 hours 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. S; such notifications shall be forwarded to all other railway undertakings and station managers involved in the person’s journey;
Amendment 561 #
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) ensure that, upon recruitment, all new employees directly dealing with travelling public, receive disability-related training and that personnel attend regular refresher training courses.
Amendment 566 #
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
(d) accept upon requestencourage the participation, in the training, of employees with disabilities, passengers with disabilities and with reduced mobility, and/or organisations representing them.
Amendment 574 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. All railway undertakings, ticket vendors, station managers and infrastructure managers of stations handling more than 10 000 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.
Amendment 582 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Details of the complaint handling procedure shall be easily available to passengers and accessible to persons with disabilities and with reduced mobility.
Amendment 583 #
Proposal for a regulation
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
4a. The Commission shall adopt a standardised EU complaint form that passengers may use to apply for compensation in accordance with this regulation.