28 Amendments of Rosa ESTARÀS FERRAGUT related to 2017/0237(COD)
Amendment 112 #
Proposal for a regulation
Recital 15 a (new)
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.
Amendment 116 #
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15b) If no accessible ticket vending facilities are available at the station, persons with disabilities and persons with reduced mobility may have to purchase tickets on board the train. This should be free of charge and no “proof of disability” shall be requested by the Railway Undertaking’s staff.
Amendment 119 #
Proposal for a regulation
Recital 15 c (new)
Recital 15 c (new)
(15c) Service animals need particular attention in the case of long delays, cancellations or other exceptional situations.
Amendment 161 #
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 182 #
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.
Amendment 246 #
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 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.
Amendment 258 #
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.
Amendment 263 #
Proposal for a regulation
Article 9 – paragraph 3
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.
Amendment 294 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – introductory part
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 onetwo of the following points of sale:
Amendment 300 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
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 onetwo point of sale.
Amendment 309 #
Proposal for a regulation
Article 10 – paragraph 4 – introductory part
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:
Amendment 436 #
Proposal for a regulation
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) hotel or other accommodation, and transport between the railway station and place of accommodation, in cases where a stay of one or more nights becomes necessary or an additional stay becomes necessary, where and when physically possible;. When transport and/or accommodation is provided, it should be accessible and the needs of service animals should also be taken into account.
Amendment 440 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. If the railway service cannot be continued anymore, railway undertakings shall organise as soon as possible alternative accessible transport services for passengers.
Amendment 453 #
Proposal for a regulation
Article 18 – paragraph 6
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 pay particular attention to the needs of persons with disabilities and persons with reduced mobility; it shall ensure that stranded passengers 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.
Amendment 470 #
Proposal for a regulation
Article 21 – paragraph 2
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.
Amendment 479 #
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). The booking of assistance shall also always be free of charge, irrespective of the communication channel being used.
Amendment 516 #
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 48 hours before the assistance is neededupon booking the ticket or upon arrival at the station. 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 528 #
Proposal for a regulation
Article 24 – paragraph 1 – point e
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 time or the time at which all passengers are asked to check in.
Amendment 540 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The compensation for loss or damage referred to in paragraph 1 shall be timely executed and equal to the full cost of replacement orbased on the actual value, or on the full costs of repair, of the equipment or devices lost or damawheelchair, equipment, devices lost or damaged, or the loss or injury of the service animal. The compensation shall also include the cost of temporary replacement in case of repair, when those costs are borne by the passengedr.
Amendment 546 #
Proposal for a regulation
Article 26 – paragraph 1 – point a
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 me et the needs of persons with disabilities and of persons with reduced mobility, including those with mental and intellectual impairments;
Amendment 549 #
Proposal for a regulation
Article 26 – paragraph 1 – point a a (new)
Article 26 – paragraph 1 – point a a (new)
(aa) Disability-related training courses mentioned in paragraphs (a), (b)and (c) shall meet the specifications set out in annex VI;
Amendment 552 #
Proposal for a regulation
Article 26 – paragraph 1 – point b
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;
Amendment 564 #
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
(d) accept upon requesttively encourage the participation, in the training, of employees with disabilities, as well as passengers with disabilities and with reduced mobility, and/or organisations representing them.
Amendment 570 #
Proposal for a regulation
Article 26 – paragraph 1 a (new)
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.
Amendment 591 #
Proposal for a regulation
Article 32 – paragraph 1
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. They 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.
Amendment 596 #
Proposal for a regulation
Article 32 – paragraph 3 a (new)
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.
Amendment 636 #
Proposal for a regulation
Annex V a (new)
Annex V a (new)
Annex Va Disability-awareness training. Training of staff that deal directly with the travelling public includes: - awareness of and appropriate responses to passengers with physical, sensory (hearing and visual), hidden or learning disabilities, including how to distinguish between the different abilities of persons whose mobility, orientation, or communication may be reduced, - barriers faced by disabled persons and persons with reduced mobility, including attitudinal, environmental/physical and organisational barriers - service animals, including their role and needs, - dealing with unexpected occurrences, - interpersonal skills and methods of communication with deaf people and people with hearing impairments, people with visual impairments, people with speech impairments, and people with a learning disability, - how to handle wheelchairs and other mobility aids carefully so as to avoid damage (if any, for all staff who are responsible for luggage handling);
Amendment 637 #
Proposal for a regulation
Annex V b (new)
Annex V b (new)
Annex Vb Disability-assistance training Training of staff directly assisting disabled persons and persons with reduced mobility includes: - how to help wheelchair users make transfers into and out of a wheelchair, - skills for providing assistance to disabled persons and persons with reduced mobility travelling with a service animal, including the role and the needs of these animals, - techniques for escorting visually impaired passengers and for the handling and carriage of service animals, - an understanding of the types of equipment which can assist disabled persons and persons with reduced mobility and acknowledge of how to handle such an equipment, - the use of boarding and alighting assistance equipment used and knowledge of the appropriate boarding and alighting assistance procedures that safeguard the safety and dignity of disabled persons and persons with reduced mobility, - understanding of the need for reliable and professional assistance. Also awareness of the potential of certain disabled passengers to experience feelings of vulnerability during travel because of their dependence on the assistance provided, - a knowledge of first aid.