37 Amendments of Dominique RIQUET related to 2017/0237(COD)
Amendment 101 #
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 possible. In 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 114 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) People with sensory impairment should also be able to receive sufficient assistance so that they can board the right carriage and find their seat.
Amendment 121 #
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 123 #
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 passengers’ dissatisfaction. Passengers should be able to use a Union standardised complaint form for submitting a complaint in their own Union languages if they prefer, and it should be equally valid to a complaint format provided by the railway undertakings, ticket vendors, railway station or infrastructure manager involved in the complaint process. Railway undertakings, ticket vendors should be 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 132 #
Proposal for a regulation
Recital 21
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 catastrophedisaster, 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.
Amendment 134 #
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 136 #
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 143 #
Proposal for a regulation
Article 1 – paragraph 1 – point -a (new)
Article 1 – paragraph 1 – point -a (new)
(-a) the minimum information to be provided to the passengers by railway undertakings and ticket vendors, including the conclusion of transport contracts, and the issuing of tickets, as laid out in Annex II Part I and Part II.
Amendment 145 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) non-discrimination between passengers with regard to transport and ticketing conditions;
Amendment 147 #
Proposal for a regulation
Article 1 – paragraph 1 – point e
Article 1 – paragraph 1 – point e
Amendment 153 #
Proposal for a regulation
Article 1 – paragraph 1 – point h
Article 1 – paragraph 1 – point h
(h) the filing and handling of complaints;
Amendment 170 #
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) urban, and suburban and regional rail passenger services as referred to in Directive 2012/34/EU, except cross-border services within the Union;
Amendment 185 #
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Articles 5, 10, 11, 12 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 194 #
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 a one or more railway undertakings or for its own account;
Amendment 197 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
(6a) “ticket” means a valid evidence that entitles the passenger to rail transport, regardless of its form, paper, e- Ticket, Smartcard, travel card;
Amendment 201 #
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 217 #
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 228 #
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 240 #
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 their service. Ticket vendors offering transport contracts on their own account, and tour operators, shall provide this information where available.
Amendment 280 #
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 on a real-time basis in a non- discriminatory way, in line with the General Data Protection Regulation (EU) 2016/679 1a. _________________ 1aRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, OJ L 119, 4.5.2016.
Amendment 313 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Where there is no ticket office or accessivailable ticketing machine in the station of departure, passengers shall be permitted to buy tickets on board the train, or upon their arrival at no extra cost. The same applies to persons with disabilities and persons with reduced mobility shall be permitted to buywhere there is no tickets on board the train at no extra costffice or accessible ticketing machine.
Amendment 326 #
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 351 #
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 367 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) 25 % of the ticket price for a delay of 630 to 1159 minutes,
Amendment 378 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) 50 % of the ticket price for a delay of 120 minutes or more.60 to 89 minutes,
Amendment 382 #
Proposal for a regulation
Article 17 – paragraph 1 – point b a (new)
Article 17 – paragraph 1 – point b a (new)
(b a) 75% of the ticket price for a delay of 90 to 119 minutes,
Amendment 384 #
Proposal for a regulation
Article 17 – paragraph 1 – point b b (new)
Article 17 – paragraph 1 – point b b (new)
(bb) 100 % of the ticket price for a delay of 120 minutes or more.
Amendment 390 #
Proposal for a regulation
Article 17 – paragraph 2
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.
Amendment 394 #
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. At the request of the client and if the client possesses a client account on the rail operator’s platform, the compensation required under this Regulation shall be paid automatically to that account.
Amendment 402 #
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 422 #
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 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.
Amendment 495 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 505 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
Amendment 511 #
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) assistance shall be providedon board and on the station shall be provided during all time when 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 is notified by the passenger or, if applicable, by the ticket vendor 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. S; such notifications shall be forwarded to all other railway undertakings and station managers involved in the person’s journey;
Amendment 566 #
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 582 #
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 583 #
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.