13 Amendments of Janusz ZEMKE related to 2017/0237(COD)
Amendment 68 #
Proposal for a regulation
Recital 6
Recital 6
(6) Urban, suburban and regional rail passenger services are different in character from long-distance services. Member States should therefore be allowed to exempt urban, suburban and regional rail passenger services which are not cross- border services within the Union from certain provisions on passengers' rights, since less sustainable road services competing with rail enjoy similar derogations under Article 2 of Regulation 181/2011 on rights of passengers in bus and coach transport, namely for services under 250 km.
Amendment 100 #
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 trainwhere possible, and in accordance with operational and safety requirements.
Amendment 165 #
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) urban, suburban and regional rail passenger services as referred to in Directive 2012/34/EU, except cross-border services within the Union;
Amendment 175 #
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) international rail passenger services of which a significant part, including at least one scheduled station stop, is operated outside the Union, provided that passengers’ rights are adequately ensured under relevant national law on the territory of the Member State granting the exemption. The relevant Member States shall make all reasonable efforts to encourage non-Union carriers to apply Union passengers’ rights standards.
Amendment 177 #
Proposal for a regulation
Article 2 – paragraph 2 – point b a (new)
Article 2 – paragraph 2 – point b a (new)
Amendment 186 #
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Articles 5, 10, 11, 20, 21(1) 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 210 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘delay’ means the time difference between the time the passenger was scheduled to arrive in accordance with the published timetable and the time of his or her actual or expected arrival at the final station of destination ;arrival scheduled in the timetable and real-time arrival at destination. Alterations to the timetable which are announced to passengers at least 48 hours in advance shall not be defined as delays.
Amendment 336 #
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 e or she shall be considered as having as mandy compensation shall be equivalent to those under a through-ticket and coventracts of transport as tickets, if he or tshe whole journey from the departure to the final destination, unless the passas informed of such fact, through the applicable genger 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 basedal conditions of transport or any other adequate means as chosen by the carrier, and if he or she was made aware by the carrier or by the ticket vendor or the tour operator on behalf onf 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 vendorcarrier, of the concrete consequences regarding his rights to information, assistance and compensation in case of a delay.
Amendment 405 #
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 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. The complaint procedure is governed by Article 28 of this Regulation.
Amendment 416 #
Proposal for a regulation
Article 17 – paragraph 8
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 condior cancellation was due to one of the following causes: (a) circumstances not connected with the operations or major natural disasters endangering the safe operation of the service andf the railway which the carrier, in spite of having taken the care required in the particular circumstances of the case, could not avoid and the consequences of which he was unable to prevent; (b) fault on the part of the passenger; or (c) the behaviour of a third party which the carrier, in spite of having taken the care required in the particular circumstances of the case, could not have been foreseen or prevented even if all reasonable measures had been takenoid and the consequences of which he was unable to prevent; another undertaking using the same railway infrastructure shall not be considered as a third party; the right of recourse shall not be affected.
Amendment 489 #
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. Member States may provide for a derogation from paragraph 1 in the case of persons travelling on services which are the subject of a public service contract awarded in conformity with Union law, on condition that the competent authority has put in place alternative facilities or arrangements guaranteeing an equivalent or higher level of accessibility of transport services.
Amendment 512 #
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) assistance in staffed stations 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 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; Member States and competent authorities shall ensure that major stations provide the necessary assistance services to reduce the above-mentioned notification period below 48 hours.
Amendment 604 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
This Regulation shall enter into force 48 mon the twenties after the day following thate of its publication in the Official Journal of the European Union.