### it should be possible for the emff to support the promotion and the sustainable development of aquaculture , including freshwater aquaculture , for the farming of aquatic animals and plants for the production of food and other raw material . complex administrative procedures in some member states remain in place , such as difficult access to space and burdensome licensing procedures , which make it difficult for the sector to improve the image and competitiveness of farmed products . support should be consistent with the multiannual national strategic plans for aquaculture developed on the basis of regulation no 1380 / 2013 . in particular , support for environmental sustainability , productive investments , innovation , acquisition of professional skills , improvement of working conditions , compensatory measures providing critical land and nature management services should be eligible . public health actions , aquaculture stock insurance schemes and animal health and welfare actions should also be eligible . however , in the case of productive investments support should be provided only through financial instruments and through investeu , which offer a higher leverage on markets and are therefore more relevant than grants to address the financing challenges of the sector . ### it should be possible for the emff to support the promotion and the sustainable development of aquaculture , including freshwater aquaculture and closed containment systems , for the farming of aquatic animals and plants for the production of food and other raw material . complex administrative procedures in some member states remain in place , such as difficult access to space and burdensome licensing procedures , which make it difficult for the sector to improve the image and competitiveness of farmed products . support should be consistent with the multiannual national strategic plans for aquaculture developed on the basis of regulation no 1380 / 2013 . in particular , support for environmental sustainability , productive investments , innovation , acquisition of professional skills , improvement of working conditions , compensatory measures providing critical land and nature management services should be eligible . public health actions , aquaculture stock insurance schemes and animal health and welfare actions should also be eligible . however , in the case of productive investments support should be provided only through financial instruments and through investeu , which offer a higher leverage on markets and are therefore more relevant than grants to address the financing challenges of the sector .


### natural disasters or environmental incidents , as formally recognised by the competent authorities of the relevant member state . ### natural disasters , environmental incidents or accidents at sea occurring during fishing activities , as formally recognised by the competent authorities of the relevant member state .


### the most recent evidence on the socio - economic performance of the sustainable blue economy , and in particular the fishery and aquaculture sector ; ### the most recent evidence on the socio - economic performance of the fishery sector ;


### europe ' s maritime sector employs over 5 million jobs generating almost eur 500 billion a year , with a potential to create many more jobs . the output of the global ocean economy is estimated at eur 1 . 3 trillion today and this could more than double by 2030 . the need to meet co2 emissions targets , increase resource efficiency and reduce the environmental footprint of the blue economy has been a significant driving force for innovation in other sectors such as marine equipment , shipbuilding , ocean observation , dredging , coastal protection and marine construction . investment in the maritime economy has been provided by union structural funds , in particular the european regional development fund and the emff . new investment tools such as investeu must be utilised to meet the growth potential of the sector . ### europe ' s maritime sector employs over 5 million jobs generating almost eur 500 billion a year , with a potential to create many more jobs . the output of the global ocean economy is estimated at eur 1 . 3 trillion today and this could more than double by 2030 . the need to meet the paris co2 emissions targets means that at least 30% of the eu budget should be used for climate - related action . it is also necessary to increase resource efficiency and reduce the environmental footprint of the blue economy , which has been and must continue to be a significant driving force for innovation in other sectors such as marine equipment , shipbuilding , ocean observation , dredging , coastal protection and marine construction . investment in the maritime economy has been provided by union structural funds , in particular the european regional development fund and the emff . new investment tools such as investeu could be utilised to meet the growth potential of the sector .


### the outermost regions , as outlined in the communication from the commission to the european parliament , the council , the european economic and social committee , the committee of the regions and the european investment bank of 24 october 2017 entitled ' a stronger and renewed strategic partnership with the eu ' s outermost regions ' 10 , face specific challenges linked to their remoteness , topography and climate as referred to in article 349 of the treaty and also have specific assets on which to develop a sustainable blue economy . therefore , for each outermost region , an action plan for the development of sustainable blue economy sectors , including the sustainable exploitation of fisheries and aquaculture , should be attached to the programme of the concerned member states and a financial allocation should be reserved to support the implementation of those action plans . it should also be possible for the emff to support a compensation of the additional costs the outermost regions face due to their location and insularity . that support should be capped as a percentage of this overall financial allocation . in addition , a higher aid intensity rate than the one that applies to other operations should be applied in the outermost regions . _________________ 10 com 623 ### the outermost regions , as outlined in the communication from the commission to the european parliament , the council , the european economic and social committee , the committee of the regions and the european investment bank of 24 october 2017 entitled ' a stronger and renewed strategic partnership with the eu ' s outermost regions ' 10 , face specific challenges linked to their remoteness , topography and climate as referred to in article 349 of the treaty and also have specific assets on which to develop a sustainable blue economy , the emff should also be able to take into account the specific constraints recognized in article 349 of the treaty on the functioning of the european union . therefore , for each outermost region , an action plan for the development of sustainable blue economy sectors , including the sustainable exploitation of fisheries and aquaculture , should be attached to the programme of the concerned member states and a financial allocation should be reserved to support the implementation of those action plans . it should also be possible for the emff to support a compensation of the additional costs the outermost regions face due to their fixed disadvantages . that support should be capped as a percentage of this overall financial allocation . in addition , a higher aid intensity rate than the one that applies to other operations should be applied in the outermost regions . _________________ 10 com 623


### the landing obligation is one of the main challenges of the cfp . it has implied significant changes in fishing practices for the sector , sometimes with an important financial cost . it should therefore be possible for the emff to support innovation and investments that contribute to the implementation of the landing obligation , with a higher aid intensity rate than the one that applies to other operations , like investments in selective fishing gears , in the improvement of port infrastructures and in the marketing of unwanted catches . it should also grant a maximum aid intensity rate of 100% to the design , development , monitoring , evaluation and management of transparent systems for exchanging fishing opportunities between member states , in order to mitigate the ' choke species ' effect caused by the landing obligation . ### the landing obligation is one of the main challenges of the cfp . it has implied significant changes in fishing practices for the sector , sometimes with an important financial cost . it should therefore be possible for the emff to support innovation and investments that contribute to the implementation of the landing obligation , with a higher aid intensity rate than the one that applies to other operations , like investments in selective fishing gears , in the improvement of port infrastructures and in the reduction and marketing of unwanted catches . it should also grant a maximum aid intensity rate of 100% to the design , development , monitoring , evaluation and management of transparent systems for exchanging fishing opportunities between member states , in order to mitigate the ' choke species ' effect caused by the landing obligation .


### compensations to fishers for the collection of lost fishing gears and marine litter from the sea ; ### incentives to fishers for the collection of lost fishing gears and marine litter from the sea ;


### the multiannual financial framework set out in regulation xx / xx6 provides that the union budget must continue to support fisheries and maritime policies . the emff budget should amount , in current prices , to eur 6 140 000 000 . emff resources should be split between shared , direct and indirect management . eur 5 311 000 000 should be allocated to support under shared management and eur 829 000 000 to support under direct and indirect management . in order to ensure stability in particular with regard to the achievement of the objectives of the cfp , the definition of national allocations under shared management for the 2021 - 2027 programming period should be based on the emff 2014 - 2020 shares . specific amounts should be reserved for the outermost regions , control and enforcement and collection and processing of data for fisheries management and scientific purposes , while amounts for permanent cessation and extraordinary cessation of fishing activities should be capped . _________________ 6 oj c [ … ] , [ … ] , p . [ … ] . ### the multiannual financial framework set out in regulation xx / xx6 provides that the union budget must continue to support fisheries and maritime policies . the emff budget should amount , in current prices , to eur 6 140 000 000 . emff resources should be split between shared , direct and indirect management . eur 5 311 000 000 should be allocated to support under shared management and eur 829 000 000 to support under direct and indirect management . in order to ensure stability in particular with regard to the achievement of the objectives of the cfp , the definition of national allocations under shared management for the 2021 - 2027 programming period should be based on the emff 2014 - 2020 shares . specific amounts should be reserved for the outermost regions and guarantee preferential treatment for small - scale and coastal fisheries , control and enforcement and collection and processing of data for fisheries management and scientific purposes , while amounts for permanent cessation and extraordinary cessation of fishing activities should be capped . _________________ 6 oj c [ … ] , [ … ] , p . [ … ] .


### compensations to fishers for the collection of lost fishing gears and marine litter from the sea ; ### compensations to both commercial and recreational fishers or any non - governmental and civil society initiatives for the collection of lost fishing gears and marine litter at sea ;


### the emff should be based on four priorities : fostering sustainable fisheries and the conservation of marine biological resources ; contributing to food security in the union through competitive and sustainable aquaculture and markets ; enabling the growth of a sustainable blue economy and fostering prosperous coastal communities ; strengthening international ocean governance and enabling safe , secure , clean and sustainably managed seas and oceans . those priorities should be pursued through shared , direct and indirect management . ### the emff should be based on four priorities : fostering sustainable fisheries and the conservation of marine biological resources ; contributing to food security in the union through socio - economically and environmentally sustainable fisheries and competitive and sustainable markets ; fostering prosperous coastal communities ; strengthening international ocean governance and enabling safe , secure , clean and sustainably managed seas and oceans . activities , such as seabed mining , oil exploration or tidal and wave power , which damage non - industrial and small - scale fisheries and other key sectors for coastal communities economically , socially and environmentally , should not be financed under the blue economy framework .


### the protection of species under directive 92 / 43 / eec and directive 2009 / 147 / ec , in accordance with the prioritised action frameworks established pursuant to article 8 of directive 92 / 43 / eec . ### the protection of species under directive 92 / 43 / eec , directive 2009 / 147 / ec , in accordance with the prioritised action frameworks established pursuant to article 8 of directive 92 / 43 / eec , and the protection of all species covered by the convention on international trade in endangered species of wild fauna and flora and / or included in the international union for conservation of nature red list .


### it is necessary to establish a european maritime and fisheries fund for the 2021 - 2027 period . that fund should aim to target funding from the union budget to support the common fisheries policy , the union ' s maritime policy and the union ' s international commitments in the field of ocean governance . such funding is a key enabler for sustainable fisheries and the conservation of marine biological resources , for food security through the supply of seafood products , for the growth of a sustainable blue economy and for healthy , safe , secure , clean and sustainably managed seas and oceans . ### it is necessary to establish a european maritime and fisheries fund for the 2021 - 2027 period . that fund should aim to target funding from the union budget to support the common fisheries policy , the union ' s maritime policy and the union ' s international commitments in the field of ocean governance . such funding is a key enabler for sustainable fisheries and the conservation of marine biological resources , for food security through the supply of seafood products , for meeting the needs of both producers and consumers , for the growth of a sustainable blue economy and for healthy , safe , secure , clean and sustainably managed seas and oceans .


### the promotion of a sustainable , low carbon and climate resilient blue economy ; ### the promotion of sustainable , low carbon and climate resilient fisheries ;


### priority 3 : enabling the growth of a sustainable blue economy and fostering prosperous coastal communities ### priority 3 : enabling the growth of a sustainable blue economy and fostering prosperous coastal and island communities


### ‘ small - scale coastal fishing’ means fishing carried out by fishing vessels of an overall length of less than 12 metres and not using towed gear as listed in article 2 of council regulation no 1967 / 200626 ; _________________ 26 council regulation no 1967 / 2006 of 21 december 2006 concerning management measures for the sustainable exploitation of fishery resources in the mediterranean sea , amending regulation no 2847 / 93 and repealing regulation no 1626 / 94 . ### ‘ small - scale fishing’ means fishing carried out by fishing vessels of an overall length of less than 12 metres and not using the towed gear listed in table 3 annex i to commission regulation no 26 / 2004 of 30 december 2003 on the community fishing fleet register or , alternatively , those which stay at sea for a time not exceeding 24 hours and the fish from which is sold fresh . in the case of the local fleet of outermost regions and remote islands a maximum trip duration of 36 hours is permitted . for justified reasons based on local historical tradition , member states may propose to extend the definition of ‘ small scale fishing’ to fishing carried out by other vessels , as long as the gear used is highly selective and has little impact on the marine ecosystem ; )


### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this regulation should contribute to mainstream climate actions and to the achievement of an overall target of 25% of the union budget expenditures supporting climate objectives . actions under this regulation are expected to contribute to 30% of the overall financial envelope of the emff to climate objectives . relevant actions will be identified during the preparation and implementation of the emff , and reassessed in the context of the relevant evaluations and review processes . ### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this regulation should contribute to mainstream climate actions and to the achievement of an overall target of 25% of the union budget expenditures supporting climate objectives . actions under this regulation are expected to enable the emff to contribute to the achievement of climate objectives . relevant actions will be identified during the preparation and implementation of the emff , and reassessed in the context of the relevant evaluations and review processes .


### the emff should be based on four priorities : fostering sustainable fisheries and the conservation of marine biological resources ; contributing to food security in the union through competitive and sustainable aquaculture and markets ; enabling the growth of a sustainable blue economy and fostering prosperous coastal communities ; strengthening international ocean governance and enabling safe , secure , clean and sustainably managed seas and oceans . those priorities should be pursued through shared , direct and indirect management . ### the emff should be based on four priorities : fostering sustainable fisheries and the conservation of marine biological resources ; contributing to food security in the union through competitive and sustainable fisheries , aquaculture and markets ; enabling the growth of a sustainable blue economy and fostering prosperous coastal communities including the islands and outermost regions ; strengthening international ocean governance and enabling safe , secure , clean and sustainably managed seas and oceans . those priorities should be pursued through shared , direct and indirect management .


### the multiannual financial framework set out in regulation xx / xx6 provides that the union budget must continue to support fisheries and maritime policies . the emff budget should amount , in current prices , to eur 6 140 000 000 . emff resources should be split between shared , direct and indirect management . eur 5 311 000 000 should be allocated to support under shared management and eur 829 000 000 to support under direct and indirect management . in order to ensure stability in particular with regard to the achievement of the objectives of the cfp , the definition of national allocations under shared management for the 2021 - 2027 programming period should be based on the emff 2014 - 2020 shares . specific amounts should be reserved for the outermost regions , control and enforcement and collection and processing of data for fisheries management and scientific purposes , while amounts for permanent cessation and extraordinary cessation of fishing activities should be capped . _________________ 6 oj c [ … ] , [ … ] , p . [ … ] . ### the multiannual financial framework set out in regulation xx / xx6 provides that the union budget must continue to support fisheries and maritime policies . the emff budget should retain the same level as in the period 2014 - 2020 where an increase is not possible . in order to ensure stability in particular with regard to the achievement of the objectives of the cfp , the definition of national allocations under shared management for the 2021 - 2027 programming period should be based on the emff 2014 - 2020 shares . specific amounts should be reserved for the outermost regions , control , enforcement and collection and processing of data for fisheries management and scientific purposes , while amounts for permanent cessation , and extraordinary cessation of fishing activities should be capped . for operations located in the outermost regions , the co - financing rate at 85% should not be decreased . _________________ 6 oj c [ … ] , [ … ] , p . [ … ] .


### job creation in coastal regions relies on a locally driven development of a sustainable blue economy that revives the social fabric of those regions . ocean industries and services are likely to outperform the growth of the global economy and make an important contribution to employment and growth by 2030 . to be sustainable , blue growth depends on innovation and investment in new maritime businesses and in the bio - economy , including sustainable tourism models , ocean - based renewable energy , innovative high - end shipbuilding and new port service , which can create jobs and at the same time enhance local development . whilst public investment in the sustainable blue economy should be mainstreamed throughout the union budget , the emff should specifically concentrate on enabling conditions for the development of the sustainable blue economy and on removing bottlenecks to facilitate investment and the development of new markets and technologies or services . support for the development of the sustainable blue economy should be delivered through shared , direct and indirect management . ### job creation in coastal regions relies on a locally driven development of a sustainable blue economy that revives the social fabric of those regions , including the islands and outermost regions . ocean industries and services are likely to outperform the growth of the global economy and make an important contribution to employment and growth by 2030 . to be sustainable , blue growth depends on innovation and investment in new maritime businesses and in the bio - economy , including sustainable tourism models , ocean - based renewable energy , innovative high - end shipbuilding and new port service , which can create jobs and at the same time enhance local development . whilst public investment in the sustainable blue economy should be mainstreamed throughout the union budget , the emff should specifically concentrate on enabling conditions for the development of the sustainable blue economy and on removing bottlenecks to facilitate investment and the development of new markets and technologies or services . support for the development of the sustainable blue economy should be delivered through shared , direct and indirect management .


### maritime policy and development of a sustainable blue economy ### maritime policy


### the compensation paid to the beneficiaries carrying out activities referred to in paragraph 1 in the outermost regions or owning a vessel registered in a port of these regions shall , in order to avoid overcompensation , take into account : ### the compensation paid to the beneficiaries carrying out activities referred to in paragraph 1 in the outermost regions or owning a vessel registered in a port of these regions and operating there shall , in order to avoid overcompensation , take into account :


### fisheries are vital to the livelihood and cultural heritage of many coastal communities in the union , in particular where small - scale coastal fishing plays an important role . with the average age in many fishing communities being over 50 , generational renewal and diversification of activities remain a challenge . ### fisheries are vital to the livelihood and cultural heritage of many coastal communities , islands and outermost regions in the union , in particular where small - scale coastal and inshore fishing plays an important role . with the average age in many fishing communities being over 50 , generational renewal and diversification of activities remain a challenge .


### enabling the growth of a sustainable blue economy and fostering prosperous coastal communities ; ### enabling the growth of a sustainable blue economy and fostering prosperous coastal and island communities ;


### small - scale coastal fishing is carried out by fishing vessels below 12 metres and not using towed fishing gears . that sector represents nearly 75% of all fishing vessels registered in the union and nearly half of all employment in the fishery sector . operators from small - scale coastal fisheries are particularly dependant on healthy fish stocks for their main source of income . the emff should therefore give them a preferential treatment through a 100% aid intensity rate , including for operations related to control and enforcement , with the aim of encouraging sustainable fishing practices . in addition , certain areas of support should be reserved for small - scale fishing in fleet segment where the fishing capacity is balanced with the available fishing opportunities , i . e . support for the acquisition of a second - hand vessel and for engine replacement or modernisation . furthermore , member states should include in their programme an action plan for small - scale coastal fishing , which should be monitored on the basis of indicators for which milestones and targets should be set . ### small - scale coastal fishing is carried out by fishing vessels below 12 metres and not using towed fishing gears . that sector represents nearly 75% of all fishing vessels registered in the union and nearly half of all employment in the fishery sector . operators from small - scale coastal fisheries are particularly dependant on healthy fish stocks for their main source of income . the emff should therefore give them a preferential treatment through a 100% aid intensity rate , including for operations related to control and enforcement , with the aim of encouraging sustainable fishing practices . in addition , certain areas of support should be reserved for small - scale fishing , while fishing capacity should be balanced with the available fishing opportunities , i . e . support for the acquisition of a renovated and reclassified vessel and for engine replacement or modernisation . furthermore , member states should include in their programme an action plan for small - scale coastal fishing , which should be monitored on the basis of indicators for which milestones and targets should be set .


### support under the emff should be used to address market failures or sub - optimal investment situations , in a proportionate manner , and should not duplicate or crowd out private financing or distort competition in the internal market . support should have a clear european added value . ### support under the emff should be used to safeguard and promote small - scale and island fisheries , flags , coastal communities including the islands and outermost regions , prioritising addressing sub - optimal investment in these regions and address market failures , in proportionate manner , and should not duplicate or crowd out private financing or distort competition in the internal market . support should have a clear european added value with due regard to the community objectives of the common fisheries policy .


### the emff beyond 2020 should be based on a simplified architecture without predefining measures and detailed eligibility rules at union level in an overly prescriptive manner . instead , broad areas of support should be described under each priority . member states should thus draw up their programme indicating therein the most appropriate means for achieving the priorities . a variety of measures identified by the member states in those programmes might be supported under the rules set out in this regulation and in regulation no [ regulation laying down common provisions ] , provided they are covered by the areas of support identified in this regulation . however , it is necessary to set out a list of ineligible operations so as to avoid detrimental impacts in terms of fisheries conservation , for example a general prohibition of investments enhancing fishing capacity . moreover , investments and compensations for the fleet should be strictly conditional on their consistency with the conservation objectives of the cfp . ### the emff beyond 2020 should be based on a simplified architecture without predefining measures and detailed eligibility rules at union level in an overly prescriptive manner . instead , broad areas of support should be described under each priority . member states should thus draw up their programme indicating therein the most appropriate means for achieving the priorities . a variety of measures identified by the member states in those programmes might be supported under the rules set out in this regulation and in regulation no [ regulation laying down common provisions ] , provided they are covered by the areas of support identified in this regulation . however , it is necessary to set out a list of ineligible operations so as to avoid detrimental impacts in terms of fisheries conservation , for example a general prohibition of investments enhancing fishing capacity or fishing practices which damage the oceans . moreover , investments and compensations for the fleet should be strictly conditional on their consistency with the conservation objectives of the cfp .


### support under the emff should be used to address market failures or sub - optimal investment situations , in a proportionate manner , and should not duplicate or crowd out private financing or distort competition in the internal market . support should have a clear european added value . ### support under the emff should be used to address market failures or sub - optimal investment situations , in a proportionate manner , contributing to increased incomes from fishing , to the promotion of jobs with rights in the sector , to guaranteed fair prices for producers , to enhanced added value from fishing , and to support for the development of related activities , up - and downstream from fishing .


### fostering sustainable fisheries and the conservation of marine biological resources ; ### fostering sustainable fisheries and the protection , restoration and conservation of marine biological resources ;


### member states shall prepare as part of their programme an action plan for small - scale coastal fishing which shall set out a strategy for the development of profitable and sustainable small - scale coastal fishing . this strategy shall be structured along the following sections , where applicable : ### member states shall prepare as part of their programme , and in due collaboration with the small - scale coastal , inshore , offshore and island&#160 ; fishing sectors , an action plan for small - scale , inshore and offshore&#160 ; fishing which shall set out a strategy for the development of profitable and sustainable fishing . this strategy shall be structured along the following sections , where applicable :


### 60 % of the oceans are beyond the borders of national jurisdiction . this implies a shared international responsibility . most problems facing the oceans are transboundary in nature such as overexploitation , climate change , acidification , pollution and declining biodiversity , and therefore require a shared response . under the united nations convention on the law of the sea , to which the union is a party under council decision 98 / 392 / ec16 , many jurisdictional rights , institutions and specific frameworks have been set up to regulate and manage human activity in the oceans . in recent years , a global consensus has emerged that the marine environment and maritime human activities should be managed more effectively to address the increasing pressures on the oceans . _________________ 16 council decision 98 / 392 / ec of 23 march 1998 concerning the conclusion by the european community of the united nations convention of 10 december 1982 on the law of the sea and the agreement of 28 july 1994 relating the implementation of part xi thereof . ### 60 % of the oceans are beyond the borders of national jurisdiction . this implies a shared international responsibility . most problems facing the oceans are transboundary in nature such as overexploitation , climate change , acidification , pollution oil prospecting or underwater mining , which lead to declining biodiversity , and therefore require a shared response . under the united nations convention on the law of the sea , to which the union is a party under council decision 98 / 392 / ec16 , many jurisdictional rights , institutions and specific frameworks have been set up to regulate and manage human activity in the oceans . in recent years , a global consensus has emerged that the marine environment and maritime human activities should be managed more effectively to address the increasing pressures on the oceans . _________________ 16 council decision 98 / 392 / ec of 23 march 1998 concerning the conclusion by the european community of the united nations convention of 10 december 1982 on the law of the sea and the agreement of 28 july 1994 relating the implementation of part xi thereof .


### in order to improve the availability of accessible format copies and to prevent the illegal dissemination of works and other subject - matter , authorised entities which engage in the distribution or making available of accessible format copies should comply with certain obligations . ### in order to improve the availability of accessible format copies and to prevent the illegal dissemination of works and other subject - matter , member states should facilitate the agreement of best practice guidelines between representative groups of authorized entities - which engage in the production , distribution or making available of accessible format copies - , users and rightholders .


### in order to improve the availability of accessible format copies and to prevent the illegal dissemination of works and other subject - matter , authorised entities which engage in the distribution or making available of accessible format copies should comply with certain obligations . ### in order to improve the availability of accessible format copies and to prevent the illegal dissemination of works and other subject - matter , it is essential that member states facilitate the agreement of best practice guidelines between representative groups of authorised entities which engage in the production , distribution or making available of accessible format copies , users and rightholders ;


### an authorised entity established in a member state carrying out the acts referred to in articles 3 and 4 shall ensure that : ### an authorised entity established in a member state carrying out the acts referred to in articles 3 and 4 shall establish and follow its own practices to ensure that :


### producer organisations or associations of producer organisations whose member or member of their members consider that they are affected by a prohibited trading practice shall have the right to submit a complaint . ### producer organisations or associations of producer organisations whose member or member of their members consider that they are affected by a prohibited trading practice , not - for - profit non - governmental and civil society organisations shall have the right to submit a complaint .


### member states shall ensure that the following trading practices are prohibited , if they are not agreed in clear and unambiguous terms at the conclusion of the supply agreement : ### member states shall ensure that the following trading practices are prohibited , if they are not agreed in clear , unambiguous and easy to understand terms at the conclusion of the supply agreement :


### the passenger shall not have any right to compensation if he is informed of a delay before he buys a ticket , or if a delay due to continuation on a different service or re - routing remains below 60 minutes . ### passengers shall not have any right to compensation if they are informed of a delay before buying a ticket – unless the actual delay is more than 45 minutes longer than the delay announced , or if a delay due to continuation on a different service or re - routing remains below 45 minutes .


### 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 needed . where&#160 ; a ticket&#160 ; 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 ; ### 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 1 hour before the assistance is needed . where&#160 ; a ticket&#160 ; 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 ;


### ‘ through - ticket’ means a ticket or tickets representing a single transport contract for successive railway services operated by one or more railway undertakings ; ### ‘ through - ticket’ means a ticket or separate tickets representing successive railway services operated by one or more railway undertakings , purchased from the same ticket vendor , tour operator or railway undertaking for an end - to - end journey ;


### –access conditions for bicycles ### –access arrangements for bicycles


### 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 of the conditions for such a refusal or restriction in accordance with regulation no 454 / 2011 . ### passengers shall be entitled to take assembled bicycles on board the train , where appropriate for a reasonable fee . all new or refurbished passenger rolling stock shall include a designated space for the carriage of assembled bicycles . the number of bicycle places should equate to at least 1 . 5% of total passenger capacity with a minimum of 4 spaces . railway undertakings , ticket vendors , tour operators and , where appropriate , station managers should inform passengers of the conditions for bicycle carriage on all services in accordance with regulation no 454 / 2011 .


### in the light of the united nations convention on the rights of persons with disabilities and in order to give persons with disabilities and persons with reduced mobility opportunities for rail travel comparable to those of other citizens , rules for non - discrimination and assistance during their journey should be established . persons with disabilities and persons with reduced mobility , whether caused by disability , age or any other factor , have the same right as all other citizens to free movement and to non - discrimination . inter alia , special attention should be given to the provision of information to persons with disabilities and persons with reduced mobility concerning the accessibility of rail services , access conditions of rolling stock and the facilities on board . in order to provide passengers with sensory impairment with the best information on delays , visual and audible systems should be used , as appropriate . persons with disabilities and persons with reduced mobility should be enabled to buy tickets on board a train without extra charges . staff should be adequately trained to respond to the needs of persons with disabilities and persons with reduced mobility , notably when providing assistance . to ensure equal travel conditions , such persons should be provided with assistance at stations and on board at all times when trains operate and not only at certain times of the day . ### in the light of the united nations convention on the rights of persons with disabilities and in order to give persons with disabilities and persons with reduced mobility opportunities for rail travel comparable to those of other citizens , rules for non - discrimination and assistance during their journey should be established . persons with disabilities and persons with reduced mobility , whether caused by disability , age or any other factor , have the same right as all other citizens to free movement and to non - discrimination . inter alia , special attention should be given to the provision of information to persons with disabilities and persons with reduced mobility concerning the accessibility of rail services , access conditions of rolling stock and the facilities on board , and also on delays or changes to departure and arrival times , by means of visual and audible systems in the reading or hearing language and which are easy to understand , including , as an information channel , mobile applications . persons with disabilities and persons with reduced mobility should be enabled to buy tickets on board a train without extra charges . staff should be adequately trained to respond to the needs of persons with disabilities and persons with reduced mobility , notably when providing assistance . to ensure equal travel conditions , such persons should be provided with assistance at stations and on board at all times when trains operate and not only at certain times of the day .


### 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 . ticket vendors offering transport contracts on their own account , and tour operators , shall provide this information where available . ### railway undertakings , tour operators and ticket vendors offering transport contracts on their own behalf or on behalf of one or more railway undertakings shall provide the passenger 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 .


### 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 . ### railway undertakings , tour operators and ticket vendors shall offer tickets , through - tickets , reservations and combinations of tickets that provide the most optimal and cost - effective journey or combined journey , including cross - border , in an impartial and non - discriminatory manner . they shall make all possible efforts to offer through - tickets , including for journeys across borders or involving night trains and journeys with more than one railway undertaking .


### 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 . ### 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 without delay and in any event within one month . 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 . member states shall ensure that national enforcement and complaint handling bodies shall be given sufficient powers and resources for the adequate and effective enforcement of individual complaints from passengers under this regulation .


### when a railway undertaking , ticket vendor or tour operator exercises the derogation provided for in article 20 , 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 . ### when a railway undertaking , ticket vendor or tour operator exercises the derogation provided for in article 20 , 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 propose an alternative transport option to the person in question taking into account his or her accessibility needs


### this regulation should not restrict the rights of railway undertakings to seek compensation from any person , including third parties , in accordance with applicable national law . ### this regulation should not restrict the rights of railway undertakings , ticket vendors , railway stations and infrastructure managers to seek compensation where applicable from any person , including third parties , for meeting their obligations to passengers under this regulation .


### 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 : ### where it is reasonably to be expected , either at departure or in the event of a missed connection in the course of a journey , that arrival at the final destination will be subject to a delay of more than 45 minutes , the passenger shall immediately have the choice between one of the following :


### the compensation referred to in paragraph 1 shall be equal to the cost of replacement or repair of the equipment or devices lost or damaged . ### the compensation referred to in paragraph 1 shall be executed in a timely manner and equal to the full cost of replacement based 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 certified assistance dog . the compensation shall also include the costs of temporary replacement in case of repair , where these are borne by the passenger .


### 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 . ### railway undertakings , ticket vendors and tour operators shall offer tickets , through - tickets and reservations , including for journeys across borders or involving night trains and journeys with more than one railway undertaking . booking of those tickets shall be accessible and non - discriminatory , including for persons with disabilities and persons with reduced mobility . railway undertakings , ticket vendors and tour operators shall develop suitable application programming interfaces and data formats to allow the exchange of information across network , regional and national boundaries and the booking of tickets via the internet .


### the compensation referred to in paragraph 1 shall be equal to the cost of replacement or repair of the equipment or devices lost or damaged . ### the compensation for loss or damage referred to in paragraph 1 shall be timely executed and equal to the full cost of replacement based on the actual value , or on the full costs of repair , of the wheelchair , equipment , devices lost or damaged , or the loss or injury of the certified assistance dog . the compensation shall also include the cost of temporary replacement in case of repair , when those costs are borne by the passenger .


### ensure that all personnel , including those employed by any other performing party , providing direct assistance to persons with disabilities and persons with reduced mobility , know how to meet the needs of persons with disabilities and of persons with reduced mobility , including those with mental and intellectual impairments ; ### ensure that all staff , including those employed by any other performing party , receive disability - related training in order to know how to meet the needs of persons with disabilities and of persons with reduced mobility , including those with mental and intellectual impairments ;


### all railway undertakings , ticket vendors , station managers and infrastructure managers of stations handling more than 10 000 passengers per day on average over a year shall each set up a complaint - handling mechanism for the rights and obligations covered in this regulation in their respective field of responsibility . they shall make their contact details and working language widely known to passengers . ### all railway undertakings , ticket vendors and tour operators , station managers and infrastructure managers of stations shall each set up a complaint - handling mechanism for the rights and obligations covered in this regulation in their respective field of responsibility . they shall make the details of the complaint - handling procedure , their contact details and working language widely known to passengers . the complaint form shall be offered to passengers and shall be available in one or more languages that most passengers will understand .


### without losing 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 : ### without losing the right of transport for the journey , a passenger shall be entitled to compensation for delays from the railway undertaking if he or she is facing a delay between the places of departure and destination stated on the ticket and 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 :


### users’ rights to rail services include the receipt of information regarding the service both before and during the journey . whenever possible , railway 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 . ### users’ rights to rail services include the receipt of information regarding those services and related matters both before and during the journey . that information should be provided in accessible formats for persons with disabilities or persons with reduced mobility .


### 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 60 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 . ### 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 shall be entitled to 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 pro rata compensation in accordance with the assessment basis referred to in paragraph 1 . where delays of less than 45 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 .


### 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 of the conditions for such a refusal or restriction in accordance with regulation no 454 / 2011 . ### passengers shall be entitled to take bicycles , whether assembled or not , on board the train , including on high - speed , long - distance and cross - border trains . that service shall be offered free of charge or in exceptional cases for a reasonable fee . all new or refurbished rolling stock shall include sufficient , well - indicated , dedicated spaces for the carriage of assembled bicycles . the carriage of bicycles may only be refused or restricted for duly justified safety reasons , provided that railway undertakings , ticket vendors , tour operators and , where appropriate , station managers inform passengers , at the latest at the time of the purchase of the ticket , of the conditions for bicycle carriage on all services in accordance with regulation no 454 / 2011 .


### 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 of the conditions for such a refusal or restriction in accordance with regulation no 454 / 2011 . ### passengers shall be entitled to take bicycles on - board of the train , including 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 the 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 bicycles carriage on all services in accordance with regulation no 454 / 2011 .


### the national enforcement bodies shall publish statistics on their activity , including on sanctions applied , every year , at the latest at the end of april of the following calendar year . ### the national enforcement bodies shall each year publish reports with statistics on their websites detailing the number and type of complaints that they have received , detailing the outcome of their enforcement actions , including the sanctions that they have applied . this shall be done for each year by no later than the first day of april of the succeeding year . in addition , these reports shall be made available on the website of the european union agency for railways .


### the body shall acknowledge receipt of the complaint within two weeks of receiving it . the complaint - handling procedure shall take a maximum of three months . for complex cases , the body may , at its discretion , extend this period to six months . in such a case , it shall inform the passenger of the reasons for the extension and of the expected time needed to conclude the procedure . only cases that involve legal proceedings may take longer than six months . where the body is also an alternative dispute resolution body within the meaning of directive 2013 / 11 / eu , the time limits laid down in that directive shall prevail . ### the body shall acknowledge receipt of the complaint within two weeks of receiving it . the complaint - handling procedure shall take a maximum of three months . for complex cases , the body may , at its discretion , extend this period to six months . in such a case , it shall inform the passenger or organisation representing passengers of the reasons for the extension and of the expected time needed to conclude the procedure . only cases that involve legal proceedings may take longer than six months . where the body is also an alternative dispute resolution body within the meaning of directive 2013 / 11 / eu , the time limits laid down in that directive shall prevail and the use of online dispute resolution in accordance with regulation 524 / 2013 / eu may be made available with the agreement of all parties involved .


### compensation for delay shall be calculated in relation to the full price which the passenger actually paid for the delayed service . where the transport contract is for a return journey , compensation for delay on either the outward or the return leg shall be calculated in relation to half of the price paid for the ticket . in the same way the price for a delayed service under any other form of transport contract allowing travelling several subsequent legs shall be calculated in proportion to the full price . ### compensation for cancellation or delay shall be calculated in relation to the full price which the passenger actually paid for the cancelled or delayed service . where the transport contract is for a return journey , compensation for cancellation or delay on either the outward or the return leg shall be calculated in relation to half of the price paid for the ticket . in the same way the price for a cancelled or delayed service under any other form of transport contract allowing travelling several subsequent legs shall be calculated in proportion to the full price .


### 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 . ### 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 the time at which all passengers are asked to check in .


### passengers may submit a complaint to any railway undertaking , ticket vendor , railway station or infrastructure manager involved . complaints shall be submitted within six months of the incident that is the subject of the complaint . within one month of receiving the complaint , the addressee shall either give a reasoned reply or , in justified cases , inform the passenger by what date within a period of less than three months from the date of receipt of the complaint a reply can be expected . railway undertakings , ticket vendors , station managers and infrastructure managers shall keep the incident data necessary to assess the complaint for two years and make them available to national enforcement bodies upon request . ### passengers may submit a complaint to any railway undertaking , ticket vendor , station manager or infrastructure manager involved . passengers shall have the right to submit complaints in the same manner in which they received their ticket . complaints shall be submitted within six months of the incident that is the subject of the complaint . within one month of submitting the complaint , the addressee shall either give a reasoned reply or , in justified cases , inform the passenger by what date within a period of less than three months from the date of receipt of the complaint a reply can be expected . railway undertakings , ticket vendors , station managers and infrastructure managers shall keep the incident data necessary to assess the complaint for two years and make them available to national enforcement bodies upon request .


### 50 % of the ticket price for a delay of 120 minutes or more . ### 75 % of the ticket price for a delay of 90 to 119 minutes or more ,


### 50 % of the ticket price for a delay of 120 minutes or more . ### 100% of the ticket price for a delay of 90 minutes or more .


### 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 rules for the transport of persons with disabilities and persons with reduced mobility including their personal assistants . the rules shall allow the passenger to be accompanied by an assistance dog in accordance with any relevant national rules . ### 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 rules for the transport of persons with disabilities and persons with reduced mobility including their personal assistants . the rules shall allow the passenger to be accompanied by a service animal in accordance with any relevant national rules , and shall ensure that rail transport for persons with disabilities and persons with reduced mobility is immediate and spontaneous wherever possible .


### this regulation should not restrict the rights of railway undertakings to seek compensation from any person , including third parties , in accordance with applicable national law . ### this regulation should not restrict the rights of railway undertakings , ticket vendors , railway stations and infrastructure managers to seek compensation where applicable from any person , including third parties , for meeting their obligations to passengers under this regulation .


### 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 . ### 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 . the national enforcement body shall be granted the powers and shall have the capacity to enforce individual complaints from passengers under this regulation .


### 25 % of the ticket price for a delay of 60 to 119 minutes , ### 50% of the ticket price for a delay of 45 to 89 minutes ;


### 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 of the conditions for such a refusal or restriction in accordance with regulation no 454 / 2011 . ### passengers shall be entitled to take bicycles , whether assembled or not , free of charge on board the train , all new or refurbished rolling stock shall include an appropriate designated space for the carriage of assembled bicycles .


### ‘ journey’ means the carriage of a passenger between a station of departure and a station of arrival under a single transport contract ; ### ‘ journey’ means the carriage of a passenger between a station of departure and a station of arrival ;


### compensation for delay shall be calculated in relation to the full price which the passenger actually paid for the delayed service . where the transport contract is for a return journey , compensation for delay on either the outward or the return leg shall be calculated in relation to half of the price paid for the ticket . in the same way the price for a delayed service under any other form of transport contract allowing travelling several subsequent legs shall be calculated in proportion to the full price . ### compensation for delay shall be calculated in relation to the full price which the passenger actually paid for the delayed service , ticket or combined journey . where the transport contract is for a return journey , compensation for delay on either the outward or the return leg shall be calculated in relation to half of the price paid for the ticket or combined journey . in the same way the price for a delayed service under any other form of transport contract allowing travelling several subsequent legs shall be calculated in proportion to the full price .


### 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 : ### where it is reasonably to be expected , either at departure or in the event of a missed connection in the course of a journey , that arrival at the final destination will be subject to a delay of more than 45 minutes , the passenger shall immediately have the choice between one of the following :


### 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 . ### railway undertakings , ticket vendors and tour operators shall offer tickets , through - tickets and reservations , including for journeys across borders or involving night trains and journeys with more than one railway undertaking . booking of those tickets shall be accessible and non - discriminatory , including for persons with disabilities and persons with reduced mobility . railway undertakings , ticket vendors and tour operators shall develop suitable application programming interfaces and data formats to allow the exchange of information across network , regional and national boundaries and the booking of tickets via the internet .


### users’ rights to rail services include the receipt of information regarding the service both before and during the journey . whenever possible , railway 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 . ### consumers’ rights to rail services include the receipt of information regarding all available rail options and the service before , during and after the journey . railway undertakings , ticket vendors and tour operators should provide that information in advance and in real - time . that information should be provided in accessible formats for persons with disabilities and persons with reduced mobility and should be available publicly .


### all railway undertakings , ticket vendors , station managers and infrastructure managers of stations handling more than 10 000 passengers per day on average over a year shall each set up a complaint - handling mechanism for the rights and obligations covered in this regulation in their respective field of responsibility . they shall make their contact details and working language widely known to passengers . ### all railway undertakings , ticket vendors , station managers and infrastructure managers of stations handling more than 500 passengers per day on average over a year shall each set up a complaint - handling mechanism for the rights and obligations covered in this regulation in their respective field of responsibility . they shall make their contact details and working language widely known to passengers .


### upon request , &#160 ; a station manager , a railway undertaking , a ticket vendor or a tour operator shall provide persons&#160 ; with disabilities and persons with reduced mobility with information&#160 ; , including in accessible formats in accordance with the accessibility requirements laid down in regulation no 454 / 2011 and directive xxx , on the accessibility of&#160 ; the station and associated facilities , rail services and on the access conditions of rolling stock in accordance with the access rules referred to in article 20 and shall inform persons&#160 ; with disabilities and persons with reduced mobility about facilities on board . ### upon request , a station manager , a railway undertaking , a ticket vendor or a tour operator shall provide persons&#160 ; with disabilities and persons with reduced mobility with information , including in accessible formats in accordance with the accessibility requirements laid down in regulation no 454 / 2011 and directive xxx , on the accessibility of&#160 ; the station and associated facilities , rail services and on the access conditions of rolling stock in accordance with the access rules referred to in article 20 and shall inform persons with disabilities and persons with reduced mobility about facilities on board . that information shall also be made available on the website of the station manager or railway undertaking in an accessible manner .


### without prejudice to social tariffs , railway undertakings or ticket vendors shall offer contract conditions and tariffs to the general public without direct or indirect discrimination on the basis of the final customer’s nationality or residence , or the place of establishment of the railway undertaking or ticket vendor within the union . ### without prejudice to social tariffs , railway undertakings , tour operators or ticket vendors shall offer contract conditions and tariffs to the general public without direct or indirect discrimination on the basis of the final customer’s nationality or residence , or the place of establishment of the railway undertaking , tour operators or ticket vendor within the union .


### without losing 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 : ### without losing the right of transport for the journey or combined journey a passenger shall be entitled to compensation for delays from the railway undertaking , tour operator or ticket vendor if he or she is facing a delay between the places of departure and destination 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 :


### 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 . ticket vendors offering transport contracts on their own account , and tour operators , shall provide this information where available . ### railway undertakings , tour operators and ticket vendors offering transport contracts on their own behalf or on behalf of one or more railway undertakings shall provide the passenger 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 .


### member states shall inform the commission of exemptions granted pursuant to points and of paragraph 2 , and on the adequacy of their national law on their territory for the purposes of point of paragraph 2 . ### member states shall inform the commission of exemptions granted pursuant to points , and of paragraph 2 .


### 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 rules for the transport of persons with disabilities and persons with reduced mobility including their personal assistants . the rules shall allow the passenger to be accompanied by an assistance dog in accordance with any relevant national rules . ### 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 rules for barrier - free and independent access for the transport of persons with disabilities and persons with reduced mobility including their personal assistants . the rules shall allow the passenger to be accompanied by a certified service animal or an accompanying person , both free of charge , in accordance with any relevant national rules , and shall ensure that spontaneous rail travel without the need for lengthy planning is possible for persons with disabilities and persons with reduced mobility .


### ‘ person with disabilities ’ and ‘ person with reduced mobility’ means any person who has a permanent or temporary physical , mental , intellectual or sensory impairment which , in interaction with various barriers , may hinder their full and effective use of transport on an equal basis with other passengers or whose mobility when using transport is reduced due to age ; ### ‘ person with disabilities’ and ‘ person with reduced mobility’ means any person who has a permanent or temporary physical , mental , intellectual or sensory impairment which , in interaction with various barriers , may hinder their full and effective use of transport on an equal basis with other passengers or whose mobility when using transport is reduced ;


### the passenger shall not have any right to compensation if he is informed of a delay before he buys a ticket , or if a delay due to continuation on a different service or re - routing remains below 60 minutes . ### passengers shall not have any right to compensation if they are informed of a delay before buying a ticket – unless the actual delay is more than 45 minutes longer than the delay announced , or if a delay due to continuation on a different service or re - routing remains below 45 minutes .


### for the purposes of point of paragraph 1 , 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 . ### for the purposes of point of paragraph 1 , 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 . transporting persons with disabilities or reduced mobility shall be given priority .


### railway undertakings or , where appropriate , competent authorities responsible for a public service railway contract shall make public by appropriate means , including in accessible formats for persons with disabilities in accordance with accessibility requirements laid down in directive xxx31 , and before their implementation , decisions to discontinue services either permanently or temporarily . __________________ 31 directive xxx on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services . ### railway undertakings or , where appropriate , competent authorities responsible for a public service railway contract shall make public by appropriate means , and without delay including in accessible formats for persons with disabilities in accordance with accessibility requirements laid down in directive xxx31 , and in good time before implementation , proposals to discontinue or substantially reduce services either permanently or temporarily , and shall ensure that those proposals are subject to meaningful and proper consultation with stakeholders before any implementation takes place . __________________ 31 directive xxx on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services .


### in the case of a delay in arrival or departure , passengers shall be kept informed of the situation and of the estimated departure time and estimated arrival time by the railway undertaking or ticket vendor or by the station manager as soon as such information is available . ### in the case of a delay in arrival or departure , passengers shall be kept informed of the situation and of the estimated departure time and estimated arrival time by the railway undertaking , tour operator or ticket vendor or by the station manager as soon as such information is available . station managers , infrastructure managers and railway undertakings provide ticket vendors with information in real time and in the appropriate format .


### the national enforcement bodies shall publish statistics on their activity , including on sanctions applied , every year , at the latest at the end of april of the following calendar year . ### each year the national enforcement bodies shall publish reports with statistics on their websites detailing the number and type of complaints that they have received , and detailing the outcome of their enforcement actions , including the sanctions that they have applied . this shall be done for each year by no later than the first day of april of the succeeding year . in addition , those reports shall be made available on the website of the european union agency for railways .


### details of the complaint handling procedure shall be accessible to persons with disabilities and with reduced mobility . ### details of the complaint handling procedure shall be easily available to passengers and accessible to persons with disabilities and with reduced mobility . this information shall be made freely available in writing upon request in the domestic language of the railway undertaking .


### in addition to the obligations on railway undertakings pursuant to article 13a 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 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 . 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 . ### in addition to the obligations on railway undertakings pursuant to article 13aof 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 and 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 accessibility of alert and information systems . the station manager shall make the plan , and any amendments to it , publicly available , including on the station’s webpage . 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 .


### passengers’ rights in the event of cancellation or delay ; ### passengers’ rights and compensation in the event of disruption , such as cancellation or delay ;


### to maintain a high level of consumer protection in rail transport , member states should be required to designate national enforcement bodies to monitor closely and enforce this regulation at national level . those bodies should be able to take a variety of enforcement measures . passengers should be able to complain to those bodies about alleged infringements of the regulation . to ensure the satisfactory handling of such complaints , the bodies should also cooperate with each other . ### to maintain a high level of consumer protection in rail transport , member states should be required to designate national enforcement bodies to monitor closely and enforce this regulation at national level . those bodies should be able to take a variety of enforcement measures , and to provide the option for passengers of binding alternative dispute resolution , in line with directive 2013 / 11 / eu1a . passengers should be able to complain to those bodies about alleged infringements of the regulation , and to use online dispute resolution established under regulation 524 / 2013 / eu1b where agreed . it should also be provided that complaints may be made by organisations representing groups of passengers . to ensure the satisfactory handling of such complaints , the bodies should also cooperate with each other and this regulation should continue to be listed in the annex to the regulation 2017 / 2394 / eu of the european parliament and of the council1c . each year national enforcement bodies shall publish reports with statistics on their websites detailing the number and type of complaints that they have received , and detailing the outcome of their enforcement actions . in addition , those reports shall be made available on the website of the european union agency for railways . __________________ 1a directive 2013 / 11 / eu of the european parliament and of the council of 21 may 2013 on alternative dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec . 1b regulation 524 / 2013 / eu of the european parliament and of the council of 21 may 2013 on online dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec . 1c regulation 2017 / 2394 / eu of the european parliament and of the council of 12 december 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing regulation no 2006 / 2004 .


### railway undertakings or , where appropriate , competent authorities responsible for a public service railway contract shall make public by appropriate means , including in accessible formats for persons with disabilities in accordance with accessibility requirements laid down in directive xxx31 , and before their implementation , decisions to discontinue services either permanently or temporarily . _________________ 31 directive xxx on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services . ### railway undertakings or , where appropriate , competent authorities responsible for a public service railway contract shall make public by appropriate means , with particular focus on accessible formats for persons with disabilities in accordance with accessibility requirements laid down in directive xxx31 as soon as possible , and before their implementation , decisions to discontinue services either permanently or temporarily . _________________ 31 directive xxx on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services .


### 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 . ### 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 the time at which all passengers are asked to check in .


### –availability of seats in smoking and non - smoking , first and second class as well as couchettes and sleeping carriages ### –availability of seats for all applicable fares in non - smoking , and , where applicable , smoking , first and second class as well as couchettes and sleeping carriages


### in addition to the obligations on railway undertakings pursuant to article 13a 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 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 . 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 . ### in addition to the obligations on railway undertakings pursuant to article 13a of directive 2012 / 34 / eu , the station manager of a railway station handling at least 5 000 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 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 and 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 5 000 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 ;


### 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 . ### railway undertakings shall offer the possibility to obtain tickets for the respective service on board the train , unless this is limited or denied on reasonable and justifiable grounds relating to security or antifraud policy or space or seat availability .


### in the absence of staff at a station , railway undertakings and station managers shall make all reasonable efforts to enable disabled persons or persons with reduced mobility to have access to travel by rail . ### in the absence of staff at a station , railway undertakings and station managers shall guarantee that there are no obstacles to prevent disabled persons or persons with reduced mobility from having access to travel by rail and that the information that those persons need to access the train is readily available and meets the accessibility requirements of directive xxx [ european accessibility act ] and regulation no 454 / 2011 .


### the compensation referred to in paragraph 1 shall be equal to the cost of replacement or repair of the equipment or devices lost or damaged . ### the compensation for loss or damage referred to in paragraph 1 shall be timely executed and equal to the full cost of replacement based on the actual value , or on the full costs of repair , of the wheelchair , equipment , devices lost or damaged , or the loss or injury of the certified assistance dog . the compensation shall also include the cost of temporary replacement in case of repair , when those costs are borne by the passenger .


### articles 5 , 10 , 11 and 25 and chapter v shall apply to all rail passenger services referred to in paragraph 1 , including services exempted in accordance with points and of paragraph 2 . ### articles 4 , 5 , 6 , 7 , 11 and 12 and chapter v shall apply to all rail passenger services referred to in paragraph 1 of this article , including services exempted in accordance with points and of paragraph 2 of this article . articles 10 and 17 shall apply to all rail passenger services referred to in paragraph 1 of this article , including services exempted in accordance with point of paragraph 2 of this article .


### where there is no ticket office or accessible ticketing machine in the station of departure , persons with disabilities and persons with reduced mobility shall be permitted to buy tickets on board the train at no extra cost . ### where there is no open ticket office or correctly - functioning ticketing machine in the station of departure , passengers shall be permitted to buy tickets on board the train . tickets bought on board the train shall not cost more than the relevant standard fare for the journey concerned with any applicable discounts .


### 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 . ### railway undertakings , ticket vendors and tour operators shall offer tickets , through - tickets and reservations , including for journeys across borders or involving night trains and journeys with more than one railway undertaking . booking of those tickets shall be accessible and non - discriminatory , including for persons with disabilities and persons with reduced mobility . railway undertakings , ticket vendors and tour operators shall develop suitable application programming interfaces and data formats to allow the exchange of information across network , regional and national boundaries and the booking of tickets via the internet .


### where there is no ticket office or accessible ticketing machine in the station of departure , persons with disabilities and persons with reduced mobility shall be permitted to buy tickets on board the train at no extra cost . ### tickets bought on board the train shall not cost more than the relevant standard fare for the journey concerned with any applicable discounts .