BETA

41 Amendments of Karima DELLI related to 2017/0237(COD)

Amendment 1 #
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 #
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 #
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 #
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 #
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 #
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 #
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 #
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 #
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 #
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
Amendment 60 #
Proposal for a regulation
Recital 4
(4) Since the rail passenger is the weaker party to the transport contract, passengers’ rights in this respect should be safeguarded. The rail passenger furthermore contributes as a taxpayer to the subsidies for rail transport and pays for his/her tickets in advance, which makes his/her right on high quality services even stronger.
2018/04/03
Committee: TRAN
Amendment 74 #
Proposal for a regulation
Recital 6
(6) Urban, and suburban and regional rail passenger services are different in character from long-distance services. Member States should therefore be allowed to exempt urban, and suburban and regional rail passenger services which are not cross- border services within the Union from certain provisions on passengers' rights.
2018/04/03
Committee: TRAN
Amendment 86 #
Proposal for a regulation
Recital 9
(9) Users’ rights to rail services include the receipt of information regarding the service both before and during 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.
2018/04/03
Committee: TRAN
Amendment 92 #
Proposal for a regulation
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. In particular by providing mandatory bicycle stands for the carriage of assembled bicycles on board all kinds of passenger trains, including high-speed, long-distance and cross-border trains.
2018/04/03
Committee: TRAN
Amendment 128 #
Proposal for a regulation
Recital 21
(21) However, a railway undertaking should not be obliged to pay compensation if it can prove that the delay was caused by severe 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. Railway undertakings should prove that they could neither foresee nor prevent the delay even if all reasonable measures had been taken.deleted
2018/04/03
Committee: TRAN
Amendment 168 #
Proposal for a regulation
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;
2018/04/03
Committee: TRAN
Amendment 229 #
Proposal for a regulation
Article 6 – paragraph 1
Passengers shall be entitled to take bicycles on -board of the train, where appropriate for a reasonable fee. They shall keep their bicycles under supervision during the journey and ensure that no inconvenienincluding on high speed, long distance and cross-border trains, where appropriate for a reasonable fee. All trains must include a well indicated designated space for 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 rthe carriage of at least 8 assembled bicycles. Railway undertakings shall comply with this requirement at the latest two years after the entry into force of this regulation. Railway undertakings, ticket vendors, tour operators and, where appropriate, station managers shall inform passengers of the conditions for such a refusal or restrictionbicycles carriage on all services in accordance with Regulation (EU) No 454/2011.
2018/04/03
Committee: TRAN
Amendment 265 #
Proposal for a regulation
Article 9 – paragraph 3
3. The information referred to in paragraphs 1 and 2 shall be provided in the most appropriate and easily accessible format including by using up-to-date and real time 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 .
2018/04/03
Committee: TRAN
Amendment 269 #
Proposal for a regulation
Article 9 – paragraph 4
4. Station managers and infrastructure managers shall make real-time data relating to trains, including those operated by other railway undertakings available to railway undertakings and ticket vendors, in a non- discriminatory manner. They shall communicate in real-time any delays or changes that may occur to passengers.
2018/04/03
Committee: TRAN
Amendment 277 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
4a. Rail travel publicity, booking information as well as tickets shall mention the data on emissions as well as the energy consumption and source of a train journey.
2018/04/03
Committee: TRAN
Amendment 278 #
Proposal for a regulation
Article 9 – paragraph 4 b (new)
4b. Railway undertakings shall further make available all travel information referred to in this Article to computer reservation systems (CRS), tour operators and ticket vendors in a non- discriminatory and accessible manner. Data shall be made available in openly standardised, machine-readable formats through application programming interfaces (API).
2018/04/03
Committee: TRAN
Amendment 284 #
Proposal for a regulation
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. , at the latest one year after the entry into force of this Regulation. Booking these tickets shall be well accessible and non-discriminatory for persons with disabilities and persons with reduced mobility.
2018/04/03
Committee: TRAN
Amendment 289 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
1a. Railway undertakings shall grant passengers, tour operators, and ticket vendors access to all booking and reservation systems in a non- discriminatory and accessible way. They shall further provide access to all the data necessary to successfully conclude transport contracts for tickets including through-tickets. Such data include but are not restricted to time schedules, intermodal connections, fares, mandatory reservations, where applicable, in openly standardised, machine-readable formats, through application programming interfaces (APIs).
2018/04/03
Committee: TRAN
Amendment 303 #
Proposal for a regulation
Article 10 – paragraph 3
3. Railway undertakings shall offer the possibility to obtain tickets for the respective service on board the train, unless this is limited or denied on grounds relating to security or antifraud policy or compulsory train reservation or reasonable commercial grounds.
2018/04/03
Committee: TRAN
Amendment 315 #
Proposal for a regulation
Article 10 – paragraph 5
5. Where there is no ticket office or accessible ticketing machine in the station of departure, all passengers, including persons with disabilities and persons with reduced mobility shall be permitted to buy tickets on board the train at no extra cost.
2018/04/03
Committee: TRAN
Amendment 322 #
Proposal for a regulation
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.deleted
2018/04/03
Committee: TRAN
Amendment 347 #
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
1. Where it is reasonably to be expected , either at departure or in the event of a missed connection in the course of a journey with a through-ticket, that arrival at the final destination under the transport contract will be subject to a delay of more than 60 minutes, the passenger shall immediately have the choice between one of the following :
2018/04/03
Committee: TRAN
Amendment 361 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
1. Without loshilst keeping the right of transport, a passenger may request compensation for delays from the railway undertaking if he or she is facing a delay between the places of departure and destination stated in the transport contract for which the cost of the ticket has not been reimbursed in accordance with Article 16. The minimum compensations for delays shall be as follows:
2018/04/03
Committee: TRAN
Amendment 368 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) 25 % of the ticket price for a delay of 630 to 1159 minutes,
2018/04/03
Committee: TRAN
Amendment 376 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
(b) 50 % of the ticket price for a delay of 1260 minutes or more.
2018/04/03
Committee: TRAN
Amendment 379 #
Proposal for a regulation
Article 17 – paragraph 1 – point b a (new)
(b a) Holders of a seasonal ticket or reduction pass shall receive a compensation as mentioned under points (a) and (b) and based on the normal price of a ticket.
2018/04/03
Committee: TRAN
Amendment 389 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 396 #
Proposal for a regulation
Article 17 – paragraph 5
5. The compensation of the ticket price shall be paid within onetwo months after the submission of the request for compensation. The compensation may be paidshall be possible to be paid within the same payment system as the ticket was bought, such as at the sales point and online, 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. No bureaucratic forms, that discourage the passenger to request for compensation, shall be allowed.
2018/04/03
Committee: TRAN
Amendment 414 #
Proposal for a regulation
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 conditions or major natural disasters endangering the safe operation of the service and could not have been foreseen or prevented even if all reasonable measures had been taken.deleted
2018/04/03
Committee: TRAN
Amendment 461 #
Proposal for a regulation
Article 20 – paragraph 1
1. Railway undertakings and station managers shall, with the active involvement of representative organisations of persons with disabilities and persons with reduced mobility, establish, or shall have in place, non- discriminatory access rulerules for barrier-free and independent access for the transport of persons with disabilities and persons with reduced mobility. If independent mobility is not possible, it shall includinge their personal assistants. The rules shall allow the passenger to be accompanied by an assistance dog or an accompanying person, both free of charge, in accordance with any relevant national rules.
2018/04/03
Committee: TRAN
Amendment 472 #
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.
2018/04/03
Committee: TRAN
Amendment 478 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 524 #
Proposal for a regulation
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 481 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;
2018/04/03
Committee: TRAN
Amendment 529 #
Proposal for a regulation
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.
2018/04/03
Committee: TRAN
Amendment 541 #
Proposal for a regulation
Article 25 – paragraph 2
2. The compensation for loss or damage referred to in paragraph 1 shall be timely executed and equal to the cost of replacement orbased on the actual value, or on the full costs of repair, of the wheelchair, equipment or 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 are borne by the passenger.
2018/04/03
Committee: TRAN
Amendment 601 #
Proposal for a regulation
Article 33 a (new)
Article 33 a Independent conciliation bodies The Member States shall install well- equipped independent conciliation bodies that will be easily accessible and affordable for passengers in case of conflicts with rail undertakings and ticket vendors on the enforcement of their rights.
2018/04/03
Committee: TRAN