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Activities of Anna DEPARNAY-GRUNENBERG related to 2017/0237(COD)

Shadow reports (1)

RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on rail passengers’ rights and obligations (recast)
2021/03/17
Committee: TRAN
Dossiers: 2017/0237(COD)
Documents: PDF(171 KB) DOC(51 KB)
Authors: [{'name': 'Bogusław LIBERADZKI', 'mepid': 23768}]

Amendments (10)

Amendment 1 #
Anna DEPARNAY-GRUNENBERG, Jakop G. DALUNDE, Ciarán CUFFE, Tilly METZ, Karima DELLI, Ignazio CORRAO, Jutta PAULUS, Leila CHAIBI, Anne-Sophie PELLETIER
Council position
Recital 37
(37) However, a railway undertaking should not be obliged to pay compensation if it can prove that the delay was caused by extraordinary circumstances such as extreme weather conditions or major natural disasters endangering the safe operation of the service. 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. In addition, a railway undertaking should not be obliged to pay compensation if it can prove that the delay was caused by a major public health crisis, such as a pandemic. Furthermore, where the delay is caused by the passenger or by certain acts of third parties, the railway undertaking should not be obliged to provide compensation for the delay. Railway undertakings should prove that they could neither foresee nor avoid such events, nor could they prevent the delay, even if all reasonable measures had been taken, including appropriate preventive maintenance of their rolling stock. Strikes by the personnel of the railway undertaking, and actions or omissions by other railway operators using the same infrastructure, infrastructure manager or station manager should not affect the liability for delays. The circumstances in which railway undertakings are not obliged to pay compensation should be objectively justified. Where a communication or a document of the railway infrastructure manager, a public authority or other body independent from the railway undertakings, indicating the circumstances on which the railway undertaking relies in order to be exempt from the obligation to pay compensation, is available to railway undertakings, they should bring such communications or documents to the attention of passengers and, where relevant, to that of the authorities concerned.deleted
2021/03/02
Committee: TRAN
Amendment 2 #
Anna DEPARNAY-GRUNENBERG, Jakop G. DALUNDE, Ciarán CUFFE, Tilly METZ, Leila CHAIBI, Karima DELLI, Ignazio CORRAO, Jutta PAULUS, Anne-Sophie PELLETIER
Council position
Article 9 – paragraph 3 a (new)
3 a. Railway undertakings in cooperation with station managers and infrastructure managers shall indicate in timetables information about accessible train connections and stations.
2021/03/02
Committee: TRAN
Amendment 3 #
Anna DEPARNAY-GRUNENBERG, Jakop G. DALUNDE, Ciarán CUFFE, Tilly METZ, Leila CHAIBI, Karima DELLI, Ignazio CORRAO, Jutta PAULUS, Anne-Sophie PELLETIER
Council position
Article 12 – paragraph 1 – subparagraph 1
For the purpose of the first subparagraph the term ‘sole railway undertaking’ shall also include all railway undertakings which are eieither have at least half of their whollyshares owned by the same owner or which are wholly-owned subsidiary undertakings of one of the railway undertakings involved.
2021/03/02
Committee: TRAN
Amendment 4 #
Anna DEPARNAY-GRUNENBERG, Jakop G. DALUNDE, Ciarán CUFFE, Tilly METZ, Leila CHAIBI, Karima DELLI, Ignazio CORRAO, Jutta PAULUS, Anne-Sophie PELLETIER
Council position
Article 18 – paragraph 3 – subparagraph 1
Where the available re-routing options are not communicated to the passenger within 1060 minutes from the scheduled departure time of the delayed or cancelled service or the missed connection, the passenger shall be entitled to conclude such a contract with other providers of public transport services by rail, coach or bus. The railway undertaking shall reimburse the passenger for the necessary, appropriate and reasonable costs that he or she incurs.
2021/03/02
Committee: TRAN
Amendment 5 #
Anna DEPARNAY-GRUNENBERG, Jakop G. DALUNDE, Ciarán CUFFE, Tilly METZ, Leila CHAIBI, Karima DELLI, Ignazio CORRAO, Jutta PAULUS, Anne-Sophie PELLETIER
Council position
Article 19 – paragraph 1 – point a
(a) 250 % of the ticket price for a delay of 60 to 1190 minutes;
2021/03/02
Committee: TRAN
Amendment 6 #
Anna DEPARNAY-GRUNENBERG, Jakop G. DALUNDE, Ciarán CUFFE, Tilly METZ, Leila CHAIBI, Karima DELLI, Ignazio CORRAO, Jutta PAULUS, Anne-Sophie PELLETIER
Council position
Article 19 – paragraph 1 – point b
(b) 750 % of the ticket price for a delay of 9120 minutes or more.
2021/03/02
Committee: TRAN
Amendment 7 #
Anna DEPARNAY-GRUNENBERG, Jakop G. DALUNDE, Ciarán CUFFE, Tilly METZ, Leila CHAIBI, Karima DELLI, Ignazio CORRAO, Jutta PAULUS, Anne-Sophie PELLETIER
Council position
Article 19 – paragraph 10
10. A railway undertaking shall not be obliged to pay compensation if it can prove that the delay, missed connection or cancellation was caused directly by, or was inherently linked with: (a) extraordinary circumstances not connected with the operation of the railway, such as extreme weather conditions, major natural disasters or major public health crises, which the railway undertaking, in spite of having taken the care required in the particular circumstances of the case, was unable to avoid and the consequences of which it was unable to prevent; (b) fault on the part of the passenger; or (c) the behaviour of a third party which the railway undertaking, in spite of having taken the care required in the particular circumstances of the case, was unable to avoid and the consequences of which it was unable to prevent, such as persons on the track, cable theft, on-board emergencies, law enforcement activities, sabotage or terrorism. Strikes by the personnel of the railway undertaking, acts or omissions by another undertaking using the same railway infrastructure and acts or omissions of the infrastructure and station managers are not covered by the exemption referred to in point (c) of the first subparagraph.deleted
2021/03/02
Committee: TRAN
Amendment 8 #
Anna DEPARNAY-GRUNENBERG, Jakop G. DALUNDE, Ciarán CUFFE, Tilly METZ, Leila CHAIBI, Karima DELLI, Ignazio CORRAO, Jutta PAULUS, Anne-Sophie PELLETIER
Council position
Article 24 – paragraph 1 – point a – introductory part
(a) assistance in stations shall be provided during times 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, or the Single Point of Contact referred to in point (f), where applicable, is notified of the passenger’s need for such assistance at least 124 hours before the assistance is needed. A single notification per journey shall be sufficientIn stations where daily traffic exceeds 10 000 passengers per day, no pre-notification is needed, however, the person in need of assistance shall be at the respective station at least 30 minutes before the departure of the train. In stations where daily traffic is between 2 000 and 10 000 passengers per day, the notification shall be reduced to maximum three hours. Such notifications shall be forwarded to all other railway undertakings and station managers involved in the person’s journey.;
2021/03/02
Committee: TRAN
Amendment 9 #
Anna DEPARNAY-GRUNENBERG, Jakop G. DALUNDE, Ciarán CUFFE, Tilly METZ, Leila CHAIBI, Karima DELLI, Ignazio CORRAO, Jutta PAULUS, Anne-Sophie PELLETIER
Council position
Article 24 – paragraph 1 – point a – paragraph 2
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, and in any case at least 24 hours before the first time the assistance is needed. The passenger or his/her representative shall make all reasonable efforts to inform of any annulation of such subsequent journeys at least 12 hours in advance.
2021/03/02
Committee: TRAN
Amendment 10 #
Anna DEPARNAY-GRUNENBERG, Jakop G. DALUNDE, Ciarán CUFFE, Tilly METZ, Leila CHAIBI, Karima DELLI, Ignazio CORRAO, Jutta PAULUS, Anne-Sophie PELLETIER
Council position
Article 24 – paragraph 1 – point a – paragraph 3
Member States may allow the 24-hour period for notifications referred to in the first, second and third subparagraphs to be extended up to 36 hours, but not beyond 30 June 2026. In such cases, Member States shall notify the Commission of that permission and provide information on the measures taken or envisaged to reduce the period;deleted
2021/03/02
Committee: TRAN
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