30 Amendments of Dita CHARANZOVÁ related to 2017/0237(COD)
Amendment 46 #
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 53 #
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 58 #
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 possiblein 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 64 #
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 66 #
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 the passenger's dissatisfaction. Passengers should be able to use an EU standardised complaint form for submitting a complaint in their own EU language if they prefer and it should be equally valid to the complaint format provided by the railway undertakings, ticket vendors, railway station or infrastructure manager involved in the complaint process. Railway undertakings, ticket vendors are 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 74 #
Proposal for a regulation
Recital 21
Recital 21
Amendment 80 #
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 83 #
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 89 #
Proposal for a regulation
Article 1 – paragraph 1 – point a a (new)
Article 1 – paragraph 1 – point a a (new)
Amendment 92 #
Proposal for a regulation
Article 1 – paragraph 1 – point e
Article 1 – paragraph 1 – point e
Amendment 97 #
Proposal for a regulation
Article 1 – paragraph 1 – point h
Article 1 – paragraph 1 – point h
(h) the filing and handling of complaints;
Amendment 112 #
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Articles 5, 6, 10, 11, 12 and 2517 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 118 #
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 aone or more railway undertakings or for its own account;
Amendment 121 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
(6 a) 'ticket' means a valid evidence that entitles the passenger to rail transport, regardless of its form, paper, e-Ticket, Smartcard, travel card;
Amendment 124 #
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 135 #
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 147 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
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 155 #
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 its service. Ticket vendors offering transport contracts on their own account, and tour operators, shall provide this information where available.
Amendment 158 #
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 don't have the possibility to connect with the passenger and inform him/her. For purpose of this paragraph, railway undertakings shall provide information set out in Annex II, Part II to ticket vendors and other railway undertakings, selling its service.
Amendment 172 #
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 in a real time basis in a non- discriminatory way, in line with the General Data Protection Regulation (EU)2016/679.
Amendment 196 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Where there is no ticket office or accessible ticketing machine in the station of departure, persons with disabilities and persons with reduced mobilityassengers shall be permitted to buy tickets on board the train at no extra cost.
Amendment 204 #
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 211 #
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 233 #
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 241 #
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
Amendment 298 #
Proposal for a regulation
Article 24 – paragraph 1 – point a
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 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. Such notifications shall be forwarded to all other railway undertakings and station managers involved in the person’s journey;
Amendment 314 #
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 319 #
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 326 #
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 327 #
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.