# CE2006289EN.01000101.xml

| 28.11.2006 | EN | Official Journal of the European Union | CE 289/1 |
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28.11.2006

EN

Official Journal of the European Union

CE 289/1

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COMMON POSITION (EC) No 19/2006

COMMON POSITION

adopted by the Council on 24 July 2006

with a view to adopting Regulation (EC) No.../2006 of the European Parliament and of the Council of ... on international rail passengers' rights and obligations

(2006/C 289 E/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee (1),

1

Having regard to the Opinion of the Committee of the Regions (2),

2

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

3

Whereas:

| (1) | In the framework of the common transport policy, it is important to safeguard users' rights for international rail passengers travelling between the Member States and to improve the quality and effectiveness of international rail passenger services between the Member States in order to help the increase of the share of rail transport in relation to other modes of transport. |
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(1)

In the framework of the common transport policy, it is important to safeguard users' rights for international rail passengers travelling between the Member States and to improve the quality and effectiveness of international rail passenger services between the Member States in order to help the increase of the share of rail transport in relation to other modes of transport.

| (2) | The Commission's communication ‘Consumer Policy Strategy 2002-2006’ (4) sets the aim of achieving a high level of consumer protection in the field of transport in accordance with Article 153(2) of the Treaty. |
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(2)

The Commission's communication ‘Consumer Policy Strategy 2002-2006’ (4) sets the aim of achieving a high level of consumer protection in the field of transport in accordance with Article 153(2) of the Treaty.

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| (3) | Since the rail passenger is the weaker party to the transport contract, passengers' rights in this respect should be safeguarded. |
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(3)

Since the rail passenger is the weaker party to the transport contract, passengers' rights in this respect should be safeguarded.

| (4) | Users' rights for 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. |
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(4)

Users' rights for 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.

| (5) | More detailed requirements regarding the provision of travel information will be set out in the technical specifications for interoperability (TSIs) referred to in Directive 2001/16/EC of the European Parliament and of the Council of 19 March 2001 on the interoperability of the conventional rail system (5). |
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(5)

More detailed requirements regarding the provision of travel information will be set out in the technical specifications for interoperability (TSIs) referred to in Directive 2001/16/EC of the European Parliament and of the Council of 19 March 2001 on the interoperability of the conventional rail system (5).

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| (6) | Strengthening of the rights of international rail passengers should build on the existing system of international law on this subject contained in Appendix A — Uniform rules concerning the Contract for International Carriage of Passengers and Luggage by Rail (CIV) to the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980, as modified by the Protocol for the modification of the Convention concerning International Carriage by Rail of 3 June 1999 (1999 Protocol). |
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(6)

Strengthening of the rights of international rail passengers should build on the existing system of international law on this subject contained in Appendix A — Uniform rules concerning the Contract for International Carriage of Passengers and Luggage by Rail (CIV) to the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980, as modified by the Protocol for the modification of the Convention concerning International Carriage by Rail of 3 June 1999 (1999 Protocol).

| (7) | Railway undertakings should cooperate to facilitate the transfer of international rail passengers from one operator to another by the provision of through tickets, whenever possible. |
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(7)

Railway undertakings should cooperate to facilitate the transfer of international rail passengers from one operator to another by the provision of through tickets, whenever possible.

| (8) | The provision of information and tickets for international rail passengers should be facilitated by the adaptation of computerised systems to a common specification. |
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(8)

The provision of information and tickets for international rail passengers should be facilitated by the adaptation of computerised systems to a common specification.

| (9) | The further implementation of travel information and reservation systems should be executed in accordance with the TSIs. |
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(9)

The further implementation of travel information and reservation systems should be executed in accordance with the TSIs.

| (10) | International rail passenger services should benefit citizens in general. Consequently, persons with reduced mobility, whether caused by disability, age or any other factor, should have opportunities for rail travel comparable to those of other citizens. Persons with reduced mobility have the same right as all other citizens to free movement, freedom of choice and to non-discrimination. Inter alia, special attention should be given to the provision of information to 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 reduced mobility should be enabled to buy tickets on board a train without extra charges. |
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(10)

International rail passenger services should benefit citizens in general. Consequently, persons with reduced mobility, whether caused by disability, age or any other factor, should have opportunities for rail travel comparable to those of other citizens. Persons with reduced mobility have the same right as all other citizens to free movement, freedom of choice and to non-discrimination. Inter alia, special attention should be given to the provision of information to 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 reduced mobility should be enabled to buy tickets on board a train without extra charges.

| (11) | Railway undertakings should be obliged to be insured, or to make equivalent arrangements, for their liability to international rail passengers in the event of accident. The minimum amount of insurance for railway undertakings should be the subject of future review. |
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(11)

Railway undertakings should be obliged to be insured, or to make equivalent arrangements, for their liability to international rail passengers in the event of accident. The minimum amount of insurance for railway undertakings should be the subject of future review.

| (12) | Strengthened rights of compensation and assistance in the event of delay, missed connection or cancellation of an international service should lead to greater incentives for the international rail passenger market, to the benefit of passengers. |
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(12)

Strengthened rights of compensation and assistance in the event of delay, missed connection or cancellation of an international service should lead to greater incentives for the international rail passenger market, to the benefit of passengers.

| (13) | It is desirable that this Regulation create a system of compensation for passengers in the case of delay which is linked to the liability of the railway undertaking, on the same basis as the international system provided by the COTIF and in particular appendix CIV thereto relating to passengers' rights. |
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(13)

It is desirable that this Regulation create a system of compensation for passengers in the case of delay which is linked to the liability of the railway undertaking, on the same basis as the international system provided by the COTIF and in particular appendix CIV thereto relating to passengers' rights.

| (14) | It is also desirable to relieve accident victims and their dependants of short-term financial concerns in the period immediately after an accident. |
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(14)

It is also desirable to relieve accident victims and their dependants of short-term financial concerns in the period immediately after an accident.

| (15) | It is in the interests of international rail passengers that adequate measures be taken, in agreement with public authorities, to ensure their personal security at stations as well as on board trains. |
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(15)

It is in the interests of international rail passengers that adequate measures be taken, in agreement with public authorities, to ensure their personal security at stations as well as on board trains.

| (16) | International rail passengers should be able to submit a complaint to any railway undertaking or ticket vendor involved regarding the rights and obligations conferred by this Regulation, and be entitled to receive a response within a reasonable period of time. |
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(16)

International rail passengers should be able to submit a complaint to any railway undertaking or ticket vendor involved regarding the rights and obligations conferred by this Regulation, and be entitled to receive a response within a reasonable period of time.

| (17) | Railway undertakings should define, manage and monitor service quality standards for international rail passenger services. |
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(17)

Railway undertakings should define, manage and monitor service quality standards for international rail passenger services.

| (18) | The content of this Regulation should be reviewed in respect of the adjustment of financial amounts for inflation and information and service quality requirements in the light of market developments as well as in the light of the effects on service quality of this Regulation. |
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(18)

The content of this Regulation should be reviewed in respect of the adjustment of financial amounts for inflation and information and service quality requirements in the light of market developments as well as in the light of the effects on service quality of this Regulation.

| (19) | This Regulation should be without prejudice to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (6). |
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(19)

This Regulation should be without prejudice to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (6).

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| (20) | Member States should lay down penalties applicable to infringements of this Regulation and ensure that these penalties are applied. The penalties, which might include the payment of compensation to the person in question, should be effective, proportionate and dissuasive. |
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(20)

Member States should lay down penalties applicable to infringements of this Regulation and ensure that these penalties are applied. The penalties, which might include the payment of compensation to the person in question, should be effective, proportionate and dissuasive.

| (21) | Since the objectives of this Regulation, namely the development of the Community's railways and the introduction of passenger rights in international rail traffic, cannot be sufficiently achieved by the Member States alone in view of the significant international dimensions and the need for international coordination of international passenger journeys and can, therefore, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. |
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(21)

Since the objectives of this Regulation, namely the development of the Community's railways and the introduction of passenger rights in international rail traffic, cannot be sufficiently achieved by the Member States alone in view of the significant international dimensions and the need for international coordination of international passenger journeys and can, therefore, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

| (22) | It is an aim of this Regulation to support cross-border integration in areas where citizens of two or more neighbouring Member States work and reside — to a substantial degree — in the other Member State. Therefore, Member States should be enabled temporarily to grant exemptions for individual cross-border services. These services might provide transport either in a conurbation or region located in two or more Member States, in regions where a significant part of the service is operated outside the Community, where a short section of the route passes through another Member State or where it crosses into another Member State only to make the final stop. |
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(22)

It is an aim of this Regulation to support cross-border integration in areas where citizens of two or more neighbouring Member States work and reside — to a substantial degree — in the other Member State. Therefore, Member States should be enabled temporarily to grant exemptions for individual cross-border services. These services might provide transport either in a conurbation or region located in two or more Member States, in regions where a significant part of the service is operated outside the Community, where a short section of the route passes through another Member State or where it crosses into another Member State only to make the final stop.

| (23) | The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7), |
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(23)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7),

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HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation establishes rules as regards the following:

| a) | the information to be provided by railway undertakings, the conclusion of transport contracts, the issuing of tickets and the implementation of a Computerised Information and Reservation System for Rail Transport, |
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a)

the information to be provided by railway undertakings, the conclusion of transport contracts, the issuing of tickets and the implementation of a Computerised Information and Reservation System for Rail Transport,

| b) | the liability of railway undertakings and their insurance obligations for passengers and their luggage, |
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b)

the liability of railway undertakings and their insurance obligations for passengers and their luggage,

| c) | the obligations of railway undertakings to passengers in cases of delay, |
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c)

the obligations of railway undertakings to passengers in cases of delay,

| d) | the protection of, and assistance to, persons with reduced mobility travelling by rail, |
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d)

the protection of, and assistance to, persons with reduced mobility travelling by rail,

| e) | the definition and monitoring of service quality standards for international services, the management of risks to the personal security of passengers and the handling of complaints, and |
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e)

the definition and monitoring of service quality standards for international services, the management of risks to the personal security of passengers and the handling of complaints, and

| f) | general rules on enforcement. |
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f)

general rules on enforcement.

Article 2

Scope

1.   Subject to paragraphs 2, 3 and 4, this Regulation shall apply throughout the Community to international journeys on domestic and international services, provided by one or more railway undertakings licensed in accordance with Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings (8).

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2.   Chapter IV and Article 25 shall apply only to international journeys on international services.

3.   Chapter V shall also apply to domestic journeys on international services.

4.   For a maximum period of 5 years, a Member State may, on a transparent and non-discriminatory basis, grant a temporary exemption, which may be renewed, from application of the provisions of this Regulation to particular international services or international journeys, which are in an extraordinary situation because:

| a) | the international service provides transport to meet the transport needs of a conurbation or a region located in two or more Member States, or |
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a)

the international service provides transport to meet the transport needs of a conurbation or a region located in two or more Member States, or

| b) | a significant part of the international service, including at least one scheduled station stop, is operated outside the Community, or |
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b)

a significant part of the international service, including at least one scheduled station stop, is operated outside the Community, or

| c) | the international service begins and ends in the same Member State and a section passes through one other Member State, with or without commercial stops, for a distance of less than 100 km, or |
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c)

the international service begins and ends in the same Member State and a section passes through one other Member State, with or without commercial stops, for a distance of less than 100 km, or

| d) | the international service crosses one Member State border and terminates at the station closest to the border. |
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d)

the international service crosses one Member State border and terminates at the station closest to the border.

Member States shall notify the Commission of such an exemption. The Commission shall determine whether an exemption is in accordance with this Article.

Article 3

Definitions

For the purposes of this Regulation the following definitions shall apply:

| 1. | ‘railway undertaking’ means a railway undertaking as defined in Article 2 of Directive 2001/14/EC (9), and any other public or private undertaking the activity of which is to provide transport of goods and/or passengers by rail on the basis that the undertaking must ensure traction; this also includes undertakings which provide traction only; |
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1.

‘railway undertaking’ means a railway undertaking as defined in Article 2 of Directive 2001/14/EC (9), and any other public or private undertaking the activity of which is to provide transport of goods and/or passengers by rail on the basis that the undertaking must ensure traction; this also includes undertakings which provide traction only;

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| 2. | ‘carrier’ means the contractual railway undertaking with whom the passenger has concluded the transport contract or a series of successive railway undertakings which are liable on the basis of this contract; |
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2.

‘carrier’ means the contractual railway undertaking with whom the passenger has concluded the transport contract or a series of successive railway undertakings which are liable on the basis of this contract;

| 3. | ‘substitute carrier’ means a railway undertaking, which has not concluded a transport contract with the passenger, but to whom the railway undertaking party to the contract has entrusted, in whole or in part, the performance of the transport by rail; |
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3.

‘substitute carrier’ means a railway undertaking, which has not concluded a transport contract with the passenger, but to whom the railway undertaking party to the contract has entrusted, in whole or in part, the performance of the transport by rail;

| 4. | ‘infrastructure manager’ means any body or undertaking that is responsible in particular for establishing and maintaining railway infrastructure, or a part thereof, as defined in Article 3 of Directive 91/440/EEC (10), which may also include the management of infrastructure control and safety systems; the functions of the infrastructure manager on a network or part of a network may be allocated to different bodies or undertakings; |
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4.

‘infrastructure manager’ means any body or undertaking that is responsible in particular for establishing and maintaining railway infrastructure, or a part thereof, as defined in Article 3 of Directive 91/440/EEC (10), which may also include the management of infrastructure control and safety systems; the functions of the infrastructure manager on a network or part of a network may be allocated to different bodies or undertakings;

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| 5. | ‘station manager’ means an organisational entity in a Member State, which has been made responsible for the management of a railway station and which may be the infrastructure manager; |
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5.

‘station manager’ means an organisational entity in a Member State, which has been made responsible for the management of a railway station and which may be the infrastructure manager;

| 6. | ‘tour operator’ means an organiser or retailer, other than a railway undertaking, within the meaning of Article 2, points (2) and (3) of Directive 90/314/EEC (11); |
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6.

‘tour operator’ means an organiser or retailer, other than a railway undertaking, within the meaning of Article 2, points (2) and (3) of Directive 90/314/EEC (11);

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| 7. | ‘ticket vendor’ means any retailer of rail transport services concluding transport contracts and selling tickets on behalf of a railway undertaking or for its own account; |
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7.

‘ticket vendor’ means any retailer of rail transport services concluding transport contracts and selling tickets on behalf of a railway undertaking or for its own account;

| 8. | ‘transport contract’ means a contract of carriage for reward or free of charge between a railway undertaking or a ticket vendor and the passenger for the provision of one or more transport services; |
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8.

‘transport contract’ means a contract of carriage for reward or free of charge between a railway undertaking or a ticket vendor and the passenger for the provision of one or more transport services;

| 9. | ‘reservation’ means an authorisation, on paper or in electronic form, giving entitlement to transportation subject to previously confirmed personalised transport arrangements; |
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9.

‘reservation’ means an authorisation, on paper or in electronic form, giving entitlement to transportation subject to previously confirmed personalised transport arrangements;

| 10. | ‘through ticket’ means a ticket or tickets representing a transport contract for successive railway services operated by one or several railway undertakings; |
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10.

‘through ticket’ means a ticket or tickets representing a transport contract for successive railway services operated by one or several railway undertakings;

| 11. | ‘international journey’ means a passenger journey by rail between two Member States under a single transport contract whereby, between the place of departure and the place of destination, a passenger crosses at least one border of a Member State and where, under the same contract, the passenger travels on at least one international service. The passenger may, depending on the places of departure and destination in the transport contract, also travel on one or more domestic services; |
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11.

‘international journey’ means a passenger journey by rail between two Member States under a single transport contract whereby, between the place of departure and the place of destination, a passenger crosses at least one border of a Member State and where, under the same contract, the passenger travels on at least one international service. The passenger may, depending on the places of departure and destination in the transport contract, also travel on one or more domestic services;

| 12. | ‘domestic journey’ means a passenger journey by rail under a single transport contract whereby a passenger does not cross a border of a Member State; |
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12.

‘domestic journey’ means a passenger journey by rail under a single transport contract whereby a passenger does not cross a border of a Member State;

| 13. | ‘international service’ means a rail passenger service which starts and ends in the Community and crosses at least one border of a Member State; |
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13.

‘international service’ means a rail passenger service which starts and ends in the Community and crosses at least one border of a Member State;

| 14. | ‘domestic service’ means a rail passenger service which does not cross a border of a Member State; |
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14.

‘domestic service’ means a rail passenger service which does not cross a border of a Member State;

| 15. | ‘delay’ means the time difference between the time the passenger was scheduled to arrive in accordance with the published timetable and the time of his or her actual or expected arrival; |
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15.

‘delay’ means the time difference between the time the passenger was scheduled to arrive in accordance with the published timetable and the time of his or her actual or expected arrival;

| 16. | ‘Computerised Information and Reservation System for Rail Transport (CIRSRT)’ means a computerised system containing information about rail services offered by railway undertakings; the information stored in the CIRSRT on passenger services shall include information on:






  (a) | schedules and timetables of passenger services; |
| --- | --- | --- |

16.

‘Computerised Information and Reservation System for Rail Transport (CIRSRT)’ means a computerised system containing information about rail services offered by railway undertakings; the information stored in the CIRSRT on passenger services shall include information on:

(a)

schedules and timetables of passenger services;

| (b) | availability of seats on passenger services; |
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(b)

availability of seats on passenger services;

| (c) | fares and special conditions; |
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(c)

fares and special conditions;

| (d) | accessibility of trains for persons with reduced mobility; |
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(d)

accessibility of trains for persons with reduced mobility;

| (e) | facilities through which reservations may be made or tickets or through tickets may be issued to the extent that some or all of these facilities are made available to users; |
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(e)

facilities through which reservations may be made or tickets or through tickets may be issued to the extent that some or all of these facilities are made available to users;

| 17. | ‘person with reduced mobility’ means any person whose mobility when using transport is reduced due to any physical disability (sensory or locomotory, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation needs appropriate attention and adaptation to his or her particular needs of the service made available to all passengers; |
| --- | --- |

17.

‘person with reduced mobility’ means any person whose mobility when using transport is reduced due to any physical disability (sensory or locomotory, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation needs appropriate attention and adaptation to his or her particular needs of the service made available to all passengers;

| 18. | ‘General Conditions of Carriage’ means the conditions of the carrier in the form of general conditions or tariffs legally in force in each Member State and which have become, by the conclusion of the contract of carriage, an integral part of it; |
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18.

‘General Conditions of Carriage’ means the conditions of the carrier in the form of general conditions or tariffs legally in force in each Member State and which have become, by the conclusion of the contract of carriage, an integral part of it;

| 19. | ‘vehicle’ means a motor vehicle or a trailer carried on the occasion of the carriage of passengers. |
| --- | --- |

19.

‘vehicle’ means a motor vehicle or a trailer carried on the occasion of the carriage of passengers.

CHAPTER II

TRANSPORT CONTRACT, INFORMATION AND TICKETS

Article 4

Transport contract

Subject to the provisions of this Chapter, the conclusion and performance of a transport contract and the provision of information and tickets shall be governed by the provisions of Title II and Title III of Annex I.

Article 5

Exclusion of waiver and stipulation of limits

1.   Obligations towards passengers pursuant to this Regulation may not be limited or waived, notably by a derogation or restrictive clause in the transport contract.

2.   Railway undertakings may offer contract conditions more favourable for the passenger than the conditions laid down in this Regulation.

Article 6

Obligation to provide information concerning discontinuation of international services

Railway undertakings shall make public by appropriate means, and before their implementation, decisions to discontinue international services.

Article 7

Travel information

1.   Without prejudice to Article 9, 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 international 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.

2.   Railway undertakings shall provide the passenger during the international journey with at least the information set out in Annex II, Part II.

3.   The information set out in paragraphs 1 and 2 shall be provided in the most appropriate format.

Article 8

Availability of tickets, through tickets and reservations

1.   Railway undertakings and ticket vendors shall offer, where available, tickets, through tickets and reservations. Without prejudice to paragraph 2, railway undertakings shall distribute tickets to passengers via at least one of the following points of sale:

| (a) | ticket offices or selling machines; |
| --- | --- |

(a)

ticket offices or selling machines;

| (b) | telephone/internet or any other widely available information technology; |
| --- | --- |

(b)

telephone/internet or any other widely available information technology;

| (c) | on board trains. |
| --- | --- |

(c)

on board trains.

2.   Railway undertakings shall offer the possibility to obtain tickets for the respective service on board the train, unless this is limited or denied on security or antifraud policy or compulsory train reservation or reasonable commercial grounds.

Article 9

Travel information and reservation systems

1.   In order to provide the information and to issue tickets referred to in this Regulation, railway undertakings and ticket vendors shall make use of CIRSRT to be established by the procedures referred to in this Article.

2.   The technical specifications for interoperability (TSIs) referred to in Directive 2001/16/EC shall be applied for the purposes of this Regulation.

3.   The Commission shall, on a proposal to be submitted by the European Railway Agency (ERA), adopt the TSI of telematics applications for passengers by ... (12). The TSI shall make possible the provision of the information, set out in Annex II, and the issuing of tickets as governed by this Regulation.

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4.   Railway undertakings shall adapt their CIRSRT according to the requirements set out in the TSI in accordance with a deployment plan set out in that TSI.

5.   Subject to the provisions of Directive 95/46/EC, no railway undertaking or ticket vendor shall disclose personal information on individual bookings to other railway undertakings and/or ticket vendors.

CHAPTER III

LIABILITY OF RAILWAY UNDERTAKINGS FOR PASSENGERS AND THEIR LUGGAGE

Article 10

Liability for passengers and luggage

Subject to the provisions of this Chapter, the liability of railway undertakings in respect of passengers and their luggage shall be governed by Chapters I, III and IV of Title IV, Title VI and Title VII of Annex I.

Article 11

Insurance

1.   The obligation set out in Article 9 of Directive 95/18/EC as far as it relates to liability for passengers shall be understood as requiring a railway undertaking to be adequately insured or to make equivalent arrangements for cover of its liabilities under this Regulation.

2.   The Commission shall submit to the European Parliament and the Council a report on the setting of a minimum amount of insurance for railway undertakings by ... (12). If appropriate it shall be accompanied by suitable proposals or recommendations on this matter.

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Article 12

Advance payments

1.   If a passenger is killed or injured, the railway undertaking shall without delay, and in any event not later than fifteen days after the establishment of the identity of the natural person entitled to compensation, make such advance payments as may be required to meet immediate economic needs on a basis proportional to the damage suffered.

2.   Without prejudice to paragraph 1, an advance payment shall not be less than EUR 21 000 per passenger in the event of death.

3.   An advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of this Regulation but is not returnable, except in the cases where damage was caused by the negligence or fault of the passenger or where the person who received the advance payment was not the person entitled to compensation.

CHAPTER IV

DELAYS, MISSED CONNECTIONS AND CANCELLATIONS

Article 13

Liability for delays, missed connections and cancellations

Subject to the provisions of this Chapter, the liability of railway undertakings in respect of delays, missed connections and cancellations shall be governed by Chapter II of Title IV of Annex I.

Article 14

Reimbursement and re-routing

Where it is reasonably to be expected that the delay in the arrival at the final destination under the transport contract will be more than 60 minutes, the passenger shall immediately have the choice between:

| (a) | reimbursement of the full cost of the ticket, under the conditions by which it was paid, for the part or parts of his or her journey not made and for the part or parts already made if the international journey is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant, a return service to the first point of departure at the earliest opportunity. The payment of the reimbursement shall be made under the same conditions as the payment for compensation referred to in Article 15; or |
| --- | --- |

(a)

reimbursement of the full cost of the ticket, under the conditions by which it was paid, for the part or parts of his or her journey not made and for the part or parts already made if the international journey is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant, a return service to the first point of departure at the earliest opportunity. The payment of the reimbursement shall be made under the same conditions as the payment for compensation referred to in Article 15; or

| (b) | continuation or re-routing, under comparable transport conditions, to the final destination at the earliest opportunity; or |
| --- | --- |

(b)

continuation or re-routing, under comparable transport conditions, to the final destination at the earliest opportunity; or

| (c) | continuation or re-routing, under comparable transport conditions, to the final destination at a later date at the passenger's convenience. |
| --- | --- |

(c)

continuation or re-routing, under comparable transport conditions, to the final destination at a later date at the passenger's convenience.

Article 15

Compensation of the ticket price

1.   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 for which the ticket has not been reimbursed in accordance with Article 14. The minimum compensations for delays shall be as follows:

| (a) | 25 % of the ticket price for a delay of 60 to 119 minutes, |
| --- | --- |

(a)

25 % of the ticket price for a delay of 60 to 119 minutes,

| (b) | 50 % of the ticket price for a delay of 120 minutes or more. |
| --- | --- |

(b)

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

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.

The calculation of the period of delay shall not take into account any delay that the railway undertaking can demonstrate as having occurred outside the territory of a Member State.

2.   The compensation of the ticket price shall be paid within 14 days after the submission of the request for compensation. The compensation may be paid in vouchers and/or other services if the terms are flexible (in particular regarding the validity period and destination). The compensation shall be paid in money at the request of the passenger if vouchers or other services would be of no value to the passenger.

3.   The compensation of the ticket price shall not be reduced by financial transaction costs such as fees, telephone costs or stamps. Railway undertakings may introduce a minimum threshold under which payments for compensation will not be paid. This threshold shall not exceed EUR 4.

4.   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.

Article 16

Assistance

1.   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 by the station manager as soon as such information is available.

2.   In the case of any delay as referred to in paragraph 1 of more than 60 minutes, passengers shall also be offered free of charge:

| (a) | meals and refreshments in reasonable relation to the waiting time, if available on the train or in the station; |
| --- | --- |

(a)

meals and refreshments in reasonable relation to the waiting time, if available on the train or in the station;

| (b) | hotel or other accommodation, and transport between the railway station and place of accommodation, in cases where a stay of one or more nights becomes necessary or an additional stay becomes necessary, where and when physically possible; |
| --- | --- |

(b)

hotel or other accommodation, and transport between the railway station and place of accommodation, in cases where a stay of one or more nights becomes necessary or an additional stay becomes necessary, where and when physically possible;

| (c) | if the train is blocked on the track, transport from the train to the railway station, to the alternative departure point or to the final destination of the service, where and when physically possible. |
| --- | --- |

(c)

if the train is blocked on the track, transport from the train to the railway station, to the alternative departure point or to the final destination of the service, where and when physically possible.

3.   If the international railway service cannot be continued anymore, railway undertakings shall organise as soon as possible alternative transport services for passengers.

4.   Railway undertakings shall, at the request of the passenger, certify on the ticket that the rail service has suffered a delay, led to a missed connection or that it has been cancelled, as the case might be.

5.   In applying paragraphs 1, 2 and 3, the operating railway undertaking shall pay particular attention to the needs of persons with reduced mobility and any accompanying persons.

CHAPTER V

PERSONS WITH REDUCED MOBILITY

Article 17

Information to persons with reduced mobility

1.   Upon request, the railway undertaking, the ticket vendor or the tour operator shall provide persons with reduced mobility with information on the accessibility of rail services and on access conditions of rolling stock as well as the facilities on board.

2.   The railway undertaking shall establish non discriminatory access rules applicable in relation to the transport of persons with reduced mobility, in order to meet applicable safety requirements established by law. On request, railway undertakings, ticket vendors and/or tour operators shall immediately make these rules available.

Article 18

Right to transport

1.   A railway undertaking, a ticket vendor or a tour operator shall not refuse, on the grounds of reduced mobility, to accept a reservation or to issue a ticket. Reservations and tickets shall be offered to persons with reduced mobility at no additional cost.

2.   Notwithstanding paragraph 1, a railway undertaking, ticket vendor and/or tour operator may refuse to accept a reservation from, or to issue a ticket to, a person with reduced mobility, or require that such person be accompanied by another person in line with the access rules mentioned in Article 17(2).

3.   When a railway undertaking, ticket vendor and/or tour operator exercise the derogation under paragraph 2, it shall upon request inform in writing the 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.

Article 19

Assistance at railway stations

1.   On departure from, transit through or arrival at, a staffed railway station of a person with reduced mobility, the station manager shall provide assistance free of charge in such a way that the person is able to board the departing service, to change to the connecting service or to disembark from the arriving service for which he or she purchased a ticket, without prejudice to the access rules established under Article 17(2). For the purpose of this Article a station shall not be considered staffed if the safety, security, ticket sales or revenue protection duties of the on-duty staff necessarily preclude them from offering such assistance.

2.   Member States may provide for a derogation from paragraph 1 in the case of persons travelling on services which are the subject of a public service contract procured in accordance with the Community law in force, on condition that the competent authority has put in place alternative facilities or arrangements guaranteeing an equivalent or higher level of accessibility of transport services.

Article 20

Assistance on board

Without prejudice to the access rules as referred to in Article 17(2), a railway undertaking shall provide a person with reduced mobility assistance free of charge on board a train and during boarding and disembarking from a train.

For the purposes of this Article, assistance on board shall be assistance offered to a person with reduced mobility in order to allow this person to have access to the same services in the train as other passengers should the extent of the person's reduced mobility not allow him or her to have access to those services independently and in safety.

Article 21

Conditions on which assistance is provided

Railway undertakings, station managers, ticket vendors and tour operators shall cooperate in order to provide assistance to persons with reduced mobility in line with Articles 19 and 20 in accordance with the following points:

| (a) | the 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 the ticket permits multiple journeys, one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided; |
| --- | --- |

(a)

the 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 the ticket permits multiple journeys, one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided;

| (b) | railway undertakings, station managers, ticket vendors and tour operators shall take all measures necessary for the reception of notifications; |
| --- | --- |

(b)

railway undertakings, station managers, ticket vendors and tour operators shall take all measures necessary for the reception of notifications;

| (c) | if no notification is made in accordance with point (a), the railway undertaking and the station manager shall make all reasonable efforts to provide assistance in such a way that the person with reduced mobility may travel. |
| --- | --- |

(c)

if no notification is made in accordance with point (a), the railway undertaking and the station manager shall make all reasonable efforts to provide assistance in such a way that the person with reduced mobility may travel.

| (d) | Without prejudice to the powers of other entities regarding areas located outside the railway station premises, the station manager shall designate points, within and outside the railway station, at which persons with reduced mobility can announce their arrival at the railway station and, if need be, request assistance. |
| --- | --- |

(d)

Without prejudice to the powers of other entities regarding areas located outside the railway station premises, the station manager shall designate points, within and outside the railway station, at which persons with reduced mobility can announce their arrival at the railway station and, if need be, request assistance.

| (e) | Assistance shall be provided on condition that the person presents him or herself at the designated point:






  — | at a time stipulated in advance by the railway undertaking which shall be no more than 90 minutes before the published departure time or, |
| --- | --- | --- |

(e)

Assistance shall be provided on condition that the person presents him or herself at the designated point:

—

at a time stipulated in advance by the railway undertaking which shall be no more than 90 minutes before the published departure time or,

| — | if no time stipulated, not later than 30 minutes before the published departure time. |
| --- | --- |

—

if no time stipulated, not later than 30 minutes before the published departure time.

Article 22

Compensation in respect of mobility equipment or other specific equipment

If the railway undertaking is liable for the total or partial loss of, or damage to, mobility equipment or other specific equipment used by persons with reduced mobility, no financial limit shall be applicable.

CHAPTER VI

SECURITY, COMPLAINTS AND QUALITY OF SERVICE

Article 23

Personal security of passengers

In agreement with public authorities, railway undertakings, infrastructure managers and station managers shall take adequate measures in their respective fields of responsibility and adapt them to the level of security defined by the public authorities to ensure passengers' personal security in railway stations and on trains and to manage risks. They shall cooperate and exchange information on best practices concerning the prevention of acts, which are likely to deteriorate the level of security.

Article 24

Complaints

1.   Railway undertakings shall set up a complaint handling mechanism for the rights and obligations covered in this Regulation. The railway undertaking shall do so in cooperation with the ticket vendor. It shall make contact details and its working language(s) widely known to passengers.

2.   Passengers may submit a complaint to any of the railway undertakings or to the ticket vendor involved. Within 20 days, the addressee of the complaint 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 the complaint a reply can be expected.

3.   The railway undertaking shall publish in the annual report mentioned in Article 25 the number and categories of received complaints, processed complaints, response time and possible improvement actions undertaken.

Article 25

Service quality standards

1.   Railway undertakings shall define service quality standards for international services and implement a quality management system to maintain the service quality. The service quality standards shall at least cover the items listed in Annex III.

2.   Railway undertakings shall monitor their own performance as reflected in the service quality standards. Railway undertakings shall publish each year a report on their service quality performance together with their annual report. These results shall also be published on the internet website of the railway undertakings.

CHAPTER VII

ENFORCEMENT

Article 26

Enforcement

1.   Each Member State shall designate a body or bodies responsible for the enforcement of this Regulation. Each body shall take the measures necessary to ensure that the rights of passengers are respected.

Each body shall be independent in its organisation, funding decisions, legal structure and decision-making of any infrastructure manager, charging body, allocation body or railway undertaking.

Member States shall inform the Commission of the body or bodies designated in accordance with this paragraph and of its or their respective responsibilities.

2.   Each passenger may complain to the appropriate body designated under paragraph 1, or to any other appropriate body designated by a Member State, about an alleged infringement of this Regulation.

Article 27

Cooperation between enforcement bodies

Enforcement bodies as referred to in Article 26 shall exchange information on their work and decision-making principles and practice for the purpose of coordinating their decision-making principles across the Community. The Commission shall support them in this task.

CHAPTER VIII

FINAL PROVISIONS

Article 28

Penalties

Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify those rules and measures to the Commission by ... (13) and shall notify it without delay of any subsequent amendment affecting them.

13

Article 29

Annexes

The Annexes, except Annex I, shall be modified in accordance with the procedure referred to in Article 31(2).

Article 30

Amending provisions

1.   The measures necessary for the implementation of Articles 2, 9 and 11 shall be adopted in accordance with the procedure referred to in Article 31(2).

2.   The financial amounts referred to in this Regulation, other than in Annex I, shall be modified in respect of inflation in accordance with the procedure referred to in Article 31(2).

Article 31

Committee procedure

1.   The Commission shall be assisted by the Committee instituted by Article 11a of Directive 91/440/EEC.

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3.   The Committee shall adopt its Rules of Procedure.

Article 32

Report

The Commission shall report to the European Parliament and the Council on the implementation and the results of this Regulation by ... (14), in particular on the service quality levels.

14

The report shall be based on information to be provided pursuant to this Regulation and to Article 10b of Directive 91/440/EEC. The report shall be accompanied where necessary by appropriate proposals.

Article 33

Entry into force

This Regulation shall enter into force 18 months after the date of its publication in the Official Journal of the European Union.

Official Journal of the European Union

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the European Parliament

The President

...

For the Council

The President

...

---

(1)  OJ C 221, 8.9.2005, p. 8.

1

(2)  OJ C 71, 22.3.2005, p. 26.

2

(3)  Opinion of the European Parliament of 28.9.2005 (not yet published in the Official Journal), Council common position of 24 July 2006 (OJ...) (not yet published in the Official Journal) and Position of the European Parliament of ...(not yet published in the Official Journal).

3

(4)  OJ C 137, 8.6.2002, p. 2.

4

(5)  OJ L 110, 20.4.2001, p. 1. Directive as amended by Directive 2004/50/EC (OJ L 164, 30.4.2004, p. 114).

5

(6)  OJ L 281, 23.11,1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

6

(7)  OJ L 184, 17.7.1999, p. 23.

7

(8)  OJ L 143, 27.6.1995, p. 70. Directive as last amended by Directive 2004/49/EC of the European Parliament and of the Council (OJ L 164, 30.4.2004, p. 44).

8

(9)  Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure (OJ L 75, 15.3.2001, p. 29). Directive as last amended by Directive 2004/49/EC.

9

(10)  Council Directive 91/440/EC of 29 July 1991 on the development of the Community's railways (OJ L 237, 24.8.1991, p. 25). Directive as last amended by Directive 2004/51/EC of the European Parliament and the Council (OJ L 164, 30.4.2004, p. 164).

10

(11)  Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (OJ L 158, 23.6.1990, p. 59).

11

(12)  One year after the adoption of this Regulation.

12

(13)  Six months after the entry into force of this Regulation.

13

(14)  Three years after entry into force of this Regulation.

14

---

ANNEX I

EXTRACT FROM UNIFORM RULES CONCERNING THE CONTRACT FOR INTERNATIONAL CARRIAGE OF PASSENGERS AND LUGGAGE BY RAIL (CIV)

Appendix A

To the Convention Concerning International Carriage by Rail (COTIF) of 9 may 1980, as modified by the protocol for the modification of the Convention Concerning International Carriage by Rail of 3 june 1999

TITLE II

CONCLUSION AND PERFORMANCE OF THE CONTRACT OF CARRIAGE

Article 6

Contract of carriage

1.   By the contract of carriage the carrier shall undertake to carry the passenger as well as, where appropriate, luggage and vehicles to the place of destination and to deliver the luggage and vehicles at the place of destination.

2.   The contract of carriage must be confirmed by one or more tickets issued to the passenger. However, subject to Article 9 the absence, irregularity or loss of the ticket shall not affect the existence or validity of the contract which shall remain subject to these Uniform Rules.

3.   The ticket shall be prima facie evidence of the conclusion and the contents of the contract of carriage.

Article 7

Ticket

1.   The General Conditions of Carriage shall determine the form and content of tickets as well as the language and characters in which they are to be printed and made out.

2.   The following, at least, must be entered on the ticket:

| (a) | the carrier or carriers; |
| --- | --- |

(a)

the carrier or carriers;

| (b) | a statement that the carriage is subject, notwithstanding any clause to the contrary, to these Uniform Rules; this may be indicated by the acronym CIV; |
| --- | --- |

(b)

a statement that the carriage is subject, notwithstanding any clause to the contrary, to these Uniform Rules; this may be indicated by the acronym CIV;

| (c) | any other statement necessary to prove the conclusion and contents of the contract of carriage and enabling the passenger to assert the rights resulting from this contract. |
| --- | --- |

(c)

any other statement necessary to prove the conclusion and contents of the contract of carriage and enabling the passenger to assert the rights resulting from this contract.

3.   The passenger must ensure, on receipt of the ticket, that it has been made out in accordance with his instructions.

4.   The ticket shall be transferable if it has not been made out in the passenger's name and if the journey has not begun.

5.   The ticket may be established in the form of electronic data registration, which can be transformed into legible written symbols. The procedure used for the registration and treatment of data must be equivalent from the functional point of view, particularly so far as concerns the evidential value of the ticket represented by those data.

Article 8

Payment and refund of the carriage charge

1.   Subject to a contrary agreement between the passenger and the carrier, the carriage charge shall be payable in advance.

2.   The General Conditions of Carriage shall determine under what conditions a refund of the carriage charge shall be made.

Article 9

Right to be carried. Exclusion from carriage

1.   The passenger must, from the start of his journey, be in possession of a valid ticket and produce it on the inspection of tickets. The General Conditions of Carriage may provide:

| (a) | that a passenger who does not produce a valid ticket must pay, in addition to the carriage charge, a surcharge; |
| --- | --- |

(a)

that a passenger who does not produce a valid ticket must pay, in addition to the carriage charge, a surcharge;

| (b) | that a passenger who refuses to pay the carriage charge or the surcharge upon demand may be required to discontinue his journey; |
| --- | --- |

(b)

that a passenger who refuses to pay the carriage charge or the surcharge upon demand may be required to discontinue his journey;

| (c) | if and under what conditions a refund of the surcharge shall be made. |
| --- | --- |

(c)

if and under what conditions a refund of the surcharge shall be made.

2.   The General Conditions of Carriage may provide that passengers who:

| (a) | present a danger for safety and the good functioning of the operations or for the safety of other passengers, |
| --- | --- |

(a)

present a danger for safety and the good functioning of the operations or for the safety of other passengers,

| (b) | inconvenience other passengers in an intolerable manner, |
| --- | --- |

(b)

inconvenience other passengers in an intolerable manner,

shall be excluded from carriage or may be required to discontinue their journey and that such persons shall not be entitled to a refund of their carriage charge or of any charge for the carriage of registered luggage they may have paid.

Article 10

Completion of administrative formalities

The passenger must comply with the formalities required by customs or other administrative authorities.

Article 11

Cancellation and late running of trains. Missed connections

The carrier must, where necessary, certify on the ticket that the train has been cancelled or the connection missed.

TITLE III

CARRIAGE OF HAND LUGGAGE, ANIMALS, REGISTERED LUGGAGE AND VEHICLES

CHAPTER I

Common Provisions

Article 12

Acceptable articles and animals

1.   The passenger may take with him articles which can be handled easily (hand luggage) and also live animals in accordance with the General Conditions of Carriage. Moreover, the passenger may take with him cumbersome articles in accordance with the special provisions, contained in the General Conditions of Carriage. Articles and animals likely to annoy or inconvenience passengers or cause damage shall not be allowed as hand luggage.

2.   The passenger may consign articles and animals as registered luggage in accordance with the General Conditions of Carriage.

3.   The carrier may allow the carriage of vehicles on the occasion of the carriage of passengers in accordance with special provisions, contained in the General Conditions of Carriage.

4.   The carriage of dangerous goods as hand luggage, registered luggage as well as in or on vehicles which, in accordance with this Title are carried by rail, must comply with the Regulation concerning the Carriage of Dangerous Goods by Rail (RID).

Article 13

Examination

1.   When there is good reason to suspect a failure to observe the conditions of carriage, the carrier shall have the right to examine whether the articles (hand luggage, registered luggage, vehicles including their loading) and animals carried comply with the conditions of carriage, unless the laws and prescriptions of the State in which the examination would take place prohibit such examination. The passenger must be invited to attend the examination. If he does not appear or cannot be reached, the carrier must require the presence of two independent witnesses.

2.   If it is established that the conditions of carriage have not been respected, the carrier can require the passenger to pay the costs arising from the examination.

Article 14

Completion of administrative formalities

The passenger must comply with the formalities required by customs or other administrative authorities when, on being carried, he has articles (hand luggage, registered luggage, vehicles including their loading) or animals carried. He shall be present at the inspection of these articles save where otherwise provided by the laws and prescriptions of each State.

CHAPTER II

Hand Luggage and Animals

Article 15

Supervision

It shall be the passenger's responsibility to supervise the hand luggage and animals that he takes with him.

CHAPTER III

Registered Luggage

Article 16

Consignment of registered luggage

1.   The contractual obligations relating to the forwarding of registered luggage must be established by a luggage registration voucher issued to the passenger.

2.   Subject to Article 22 the absence, irregularity or loss of the luggage registration voucher shall not affect the existence or the validity of the agreements concerning the forwarding of the registered luggage, which shall remain subject to these Uniform Rules.

3.   The luggage registration voucher shall be prima facie evidence of the registration of the luggage and the conditions of its carriage.

4.   Subject to evidence to the contrary, it shall be presumed that when the carrier took over the registered luggage it was apparently in a good condition, and that the number and the mass of the items of luggage corresponded to the entries on the luggage registration voucher.

Article 17

Luggage registration voucher

1.   The General Conditions of Carriage shall determine the form and content of the luggage registration voucher as well as the language and characters in which it is to be printed and made out. Article 7(5) shall apply mutatis mutandis.

2.   The following, at least, must be entered on the luggage registration voucher:

| (a) | the carrier or carriers; |
| --- | --- |

(a)

the carrier or carriers;

| (b) | a statement that the carriage is subject, notwithstanding any clause to the contrary, to these Uniform Rules; this may be indicated by the acronym CIV; |
| --- | --- |

(b)

a statement that the carriage is subject, notwithstanding any clause to the contrary, to these Uniform Rules; this may be indicated by the acronym CIV;

| (c) | any other statement necessary to prove the contractual obligations relating to the forwarding of the registered luggage and enabling the passenger to assert the rights resulting from the contract of carriage. |
| --- | --- |

(c)

any other statement necessary to prove the contractual obligations relating to the forwarding of the registered luggage and enabling the passenger to assert the rights resulting from the contract of carriage.

3.   The passenger must ensure, on receipt of the luggage registration voucher, that it has been made out in accordance with his instructions.

Article 18

Registration and carriage

1.   Save where the General Conditions of Carriage otherwise provide, luggage shall be registered only on production of a ticket valid at least as far as the destination of the luggage. In other respects the registration of luggage shall be carried out in accordance with the prescriptions in force at the place of consignment.

2.   When the General Conditions of Carriage provide that luggage may be accepted for carriage without production of a ticket, the provisions of these Uniform Rules determining the rights and obligations of the passenger in respect of his registered luggage shall apply mutatis mutandis to the consignor of registered luggage.

3.   The carrier can forward the registered luggage by another train or by another mode of transport and by a different route from that taken by the passenger.

Article 19

Payment of charges for the carriage of registered luggage

Subject to a contrary agreement between the passenger and the carrier, the charge for the carriage of registered luggage shall be payable on registration.

Article 20

Marking of registered luggage

The passenger must indicate on each item of registered luggage in a clearly visible place, in a sufficiently durable and legible manner:

| (a) | his name and address; |
| --- | --- |

(a)

his name and address;

| (b) | the place of destination. |
| --- | --- |

(b)

the place of destination.

Article 21

Right to dispose of registered luggage

1.   If circumstances permit and if customs requirements or the requirements of other administrative authorities are not thereby contravened, the passenger can request luggage to be handed back at the place of consignment on surrender of the luggage registration voucher and, if the General Conditions of Carriage so require, on production of the ticket.

2.   The General Conditions of Carriage may contain other provisions concerning the right to dispose of registered luggage, in particular modifications of the place of destination and the possible financial consequences to be borne by the passenger.

Article 22

Delivery

1.   Registered luggage shall be delivered on surrender of the luggage registration voucher and, where appropriate, on payment of the amounts chargeable against the consignment.

The carrier shall be entitled, but not obliged, to examine whether the holder of the voucher is entitled to take delivery.

2.   It shall be equivalent to delivery to the holder of the luggage registration voucher if, in accordance with the prescriptions in force at the place of destination:

| (a) | the luggage has been handed over to the customs or octroi authorities at their premises or warehouses, when these are not subject to the carrier's supervision; |
| --- | --- |

(a)

the luggage has been handed over to the customs or octroi authorities at their premises or warehouses, when these are not subject to the carrier's supervision;

| (b) | live animals have been handed over to third parties. |
| --- | --- |

(b)

live animals have been handed over to third parties.

3.   The holder of the luggage registration voucher may require delivery of the luggage at the place of destination as soon as the agreed time and, where appropriate, the time necessary for the operations carried out by customs or other administrative authorities, has elapsed.

4.   Failing surrender of the luggage registration voucher, the carrier shall only be obliged to deliver the luggage to the person proving his right thereto; if the proof offered appears insufficient, the carrier may require security to be given.

5.   Luggage shall be delivered at the place of destination for which it has been registered.

6.   The holder of a luggage registration voucher whose luggage has not been delivered may require the day and time to be endorsed on the voucher when he requested delivery in accordance with paragraph 3.

7.   The person entitled may refuse to accept the luggage if the carrier does not comply with his request to carry out an examination of the registered luggage in order to establish alleged damage.

8.   In all other respects delivery of luggage shall be carried out in accordance with the prescriptions in force at the place of destination.

CHAPTER IV

Vehicles

Article 23

Conditions of carriage

The special provisions governing the carriage of vehicles, contained in the General Conditions of Carriage, shall specify in particular the conditions governing acceptance for carriage, registration, loading and carriage, unloading and delivery as well as the obligations of the passenger.

Article 24

Carriage voucher

1.   The contractual obligations relating to the carriage of vehicles must be established by a carriage voucher issued to the passenger. The carriage voucher may be integrated into the passenger's ticket.

2.   The special provisions governing the carriage of vehicles, contained in the General Conditions of Carriage, shall determine the form and content of the carriage voucher as well as the language and the characters in which it is to be printed and made out. Article 7(5) shall apply mutatis mutandis.

3.   The following, at least, must be entered on the carriage voucher:

| (a) | the carrier or carriers; |
| --- | --- |

(a)

the carrier or carriers;

| (b) | a statement that the carriage is subject, notwithstanding any clause to the contrary, to these Uniform Rules; this may be indicated by the acronym CIV; |
| --- | --- |

(b)

a statement that the carriage is subject, notwithstanding any clause to the contrary, to these Uniform Rules; this may be indicated by the acronym CIV;

| (c) | any other statement necessary to prove the contractual obligations relating to the carriage of vehicles and enabling the passenger to assert the rights resulting from the contract of carriage. |
| --- | --- |

(c)

any other statement necessary to prove the contractual obligations relating to the carriage of vehicles and enabling the passenger to assert the rights resulting from the contract of carriage.

4.   The passenger must ensure, on receipt of the carriage voucher, that it has been made out in accordance with his instructions.

Article 25

Applicable law

Subject to the provisions of this Chapter, the provisions of Chapter III relating to the carriage of luggage shall apply to vehicles.

TITLE IV

LIABILITY OF THE CARRIER

CHAPTER I

Liability in case of Death of, or Personal Injury to, Passengers

Article 26

Basis of liability

1.   The carrier shall be liable for the loss or damage resulting from the death of, personal injuries to, or any other physical or mental harm to, a passenger, caused by an accident arising out of the operation of the railway and happening while the passenger is in, entering or alighting from railway vehicles whatever the railway infrastructure used.

2.   The carrier shall be relieved of this liability

| (a) | if the accident has been caused by circumstances not connected with the operation of the railway and which the carrier, in spite of having taken the care required in the particular circumstances of the case, could not avoid and the consequences of which he was unable to prevent; |
| --- | --- |

(a)

if the accident has been caused by circumstances not connected with the operation of the railway and which the carrier, in spite of having taken the care required in the particular circumstances of the case, could not avoid and the consequences of which he was unable to prevent;

| (b) | to the extent that the accident is due to the fault of the passenger; |
| --- | --- |

(b)

to the extent that the accident is due to the fault of the passenger;

| (c) | if the accident is due to the behaviour of a third party which the carrier, in spite of having taken the care required in the particular circumstances of the case, could not avoid and the consequences of which he was unable to prevent; another undertaking using the same railway infrastructure shall not be considered as a third party; the right of recourse shall not be affected. |
| --- | --- |

(c)

if the accident is due to the behaviour of a third party which the carrier, in spite of having taken the care required in the particular circumstances of the case, could not avoid and the consequences of which he was unable to prevent; another undertaking using the same railway infrastructure shall not be considered as a third party; the right of recourse shall not be affected.

3.   If the accident is due to the behaviour of a third party and if, in spite of that, the carrier is not entirely relieved of his liability in accordance with paragraph 2, letter c), he shall be liable in full up to the limits laid down in these Uniform Rules but without prejudice to any right of recourse which the carrier may have against the third party.

4.   These Uniform Rules shall not affect any liability which may be incurred by the carrier in cases not provided for in paragraph 1.

5.   If carriage governed by a single contract of carriage is performed by successive carriers, the carrier bound pursuant to the contract of carriage to provide the service of carriage in the course of which the accident happened shall be liable in case of death of, and personal injuries to, passengers. When this service has not been provided by the carrier, but by a substitute carrier, the two carriers shall be jointly and severally liable in accordance with these Uniform Rules.

Article 27

Damages in case of death

1.   In case of death of the passenger the damages shall comprise:

| (a) | any necessary costs following the death, in particular those of transport of the body and the funeral expenses; |
| --- | --- |

(a)

any necessary costs following the death, in particular those of transport of the body and the funeral expenses;

| (b) | if death does not occur at once, the damages provided for in Article 28. |
| --- | --- |

(b)

if death does not occur at once, the damages provided for in Article 28.

2.   If, through the death of the passenger, persons whom he had, or would have had, a legal duty to maintain are deprived of their support, such persons shall also be compensated for that loss. Rights of action for damages of persons whom the passenger was maintaining without being legally bound to do so, shall be governed by national law.

Article 28

Damages in case of personal injury

In case of personal injury or any other physical or mental harm to the passenger the damages shall comprise:

| (a) | any necessary costs, in particular those of treatment and of transport; |
| --- | --- |

(a)

any necessary costs, in particular those of treatment and of transport;

| (b) | compensation for financial loss, due to total or partial incapacity to work, or to increased needs. |
| --- | --- |

(b)

compensation for financial loss, due to total or partial incapacity to work, or to increased needs.

Article 29

Compensation for other bodily harm

National law shall determine whether and to what extent the carrier must pay damages for bodily harm other than that for which there is provision in Articles 27 and 28.

Article 30

Form and amount of damages in case of death and personal injury

1.   The damages under Article 27(2) and Article 28, letter b) must be awarded in the form of a lump sum. However, if national law permits payment of an annuity, the damages shall be awarded in that form if so requested by the injured passenger or by the persons entitled referred to in Article 27(2).

2.   The amount of damages to be awarded pursuant to paragraph 1 shall be determined in accordance with national law. However, for the purposes of these Uniform Rules, the upper limit per passenger shall be set at 175 000 units of account as a lump sum or as an annual annuity corresponding to that sum, where national law provides for an upper limit of less than that amount.

Article 31

Other modes of transport

1.   Subject to paragraph 2, the provisions relating to the liability of the carrier in case of death of, or personal injury to, passengers shall not apply to loss or damage arising in the course of carriage which, in accordance with the contract of carriage, was not carriage by rail.

2.   However, where railway vehicles are carried by ferry, the provisions relating to liability in case of death of, or personal injury to, passengers shall apply to loss or damage referred to in Article 26(1) and Article 33(1), caused by an accident arising out of the operation of the railway and happening while the passenger is in, entering or alighting from the said vehicles.

3.   When, because of exceptional circumstances, the operation of the railway is temporarily suspended and the passengers are carried by another mode of transport, the carrier shall be liable pursuant to these Uniform Rules.

CHAPTER II

Liability in case of Failure to Keep to the Timetable

Article 32

Liability in case of cancellation, late running of trains or missed connections

1.   The carrier shall be liable to the passenger for loss or damage resulting from the fact that, by reason of cancellation, the late running of a train or a missed connection, his journey cannot be continued the same day, or that a continuation of the journey the same day could not reasonably be required because of given circumstances. The damages shall comprise the reasonable costs of accommodation as well as the reasonable costs occasioned by having to notify persons expecting the passenger.

2.   The carrier shall be relieved of this liability, when the cancellation, late running or missed connection is attributable to one of the following causes:

| (a) | circumstances not connected with the operation of the railway which the carrier, in spite of having taken the care required in the particular circumstances of the case, could not avoid and the consequences of which he was unable to prevent, |
| --- | --- |

(a)

circumstances not connected with the operation of the railway which the carrier, in spite of having taken the care required in the particular circumstances of the case, could not avoid and the consequences of which he was unable to prevent,

| (b) | fault on the part of the passenger; or |
| --- | --- |

(b)

fault on the part of the passenger; or

| (c) | the behaviour of a third party which the carrier, in spite of having taken the care required in the particular circumstances of the case, could not avoid and the consequences of which he was unable to prevent; another undertaking using the same railway infrastructure shall not be considered as a third party; the right of recourse shall not be affected. |
| --- | --- |

(c)

the behaviour of a third party which the carrier, in spite of having taken the care required in the particular circumstances of the case, could not avoid and the consequences of which he was unable to prevent; another undertaking using the same railway infrastructure shall not be considered as a third party; the right of recourse shall not be affected.

3.   National law shall determine whether and to what extent the carrier must pay damages for harm other than that provided for in paragraph 1. This provision shall be without prejudice to Article 44.

CHAPTER III

Liability in respect of Hand Luggage, Animals, Registered Luggage and Vehicles

Section 1

Hand luggage and animals

Article 33

Liability

1.   In case of death of, or personal injury to, passengers the carrier shall also be liable for the loss or damage resulting from the total or partial loss of, or damage to, articles which the passenger had on him or with him as hand luggage; this shall apply also to animals which the passenger had brought with him. Article 26 shall apply mutatis mutandis.

2.   In other respects, the carrier shall not be liable for the total or partial loss of, or damage to, articles, hand luggage or animals the supervision of which is the responsibility of the passenger in accordance with Article 15, unless this loss or damage is caused by the fault of the carrier. The other Articles of Title IV, with exception of Article 51, and Title VI shall not apply in this case.

Article 34

Limit of damages in case of loss of or damage to articles

When the carrier is liable under Article 33(1), he must pay compensation up to a limit of 1 400 units of account per passenger.

Article 35

Exclusion of liability

The carrier shall not be liable to the passenger for loss or damage arising from the fact that the passenger does not conform to the formalities required by customs or other administrative authorities.

Section 2

Registered luggage

Article 36

Basis of liability

1.   The carrier shall be liable for loss or damage resulting from the total or partial loss of, or damage to, registered luggage between the time of taking over by the carrier and the time of delivery as well as from delay in delivery.

2.   The carrier shall be relieved of this liability to the extent that the loss, damage or delay in delivery was caused by a fault of the passenger, by an order given by the passenger other than as a result of the fault of the carrier, by an inherent defect in the registered luggage or by circumstances which the carrier could not avoid and the consequences of which he was unable to prevent.

3.   The carrier shall be relieved of this liability to the extent that the loss or damage arises from the special risks inherent in one or more of the following circumstances:

| (a) | the absence or inadequacy of packing; |
| --- | --- |

(a)

the absence or inadequacy of packing;

| (b) | the special nature of the luggage; |
| --- | --- |

(b)

the special nature of the luggage;

| (c) | the consignment as luggage of articles not acceptable for carriage. |
| --- | --- |

(c)

the consignment as luggage of articles not acceptable for carriage.

Article 37

Burden of proof

1.   The burden of proving that the loss, damage or delay in delivery was due to one of the causes specified in Article 36(2) shall lie on the carrier.

2.   When the carrier establishes that, having regard to the circumstances of a particular case, the loss or damage could have arisen from one or more of the special risks referred to in Article 36(3), it shall be presumed that it did so arise. The person entitled shall, however, have the right to prove that the loss or damage was not attributable either wholly or in part to one of those risks.

Article 38

Successive carriers

If carriage governed by a single contract is performed by several successive carriers, each carrier, by the very act of taking over the luggage with the luggage registration voucher or the vehicle with the carriage voucher, shall become a party to the contract of carriage in respect of the forwarding of luggage or the carriage of vehicles, in accordance with the terms of the luggage registration voucher or of the carriage voucher and shall assume the obligations arising therefrom. In such a case each carrier shall be responsible for the carriage over the entire route up to delivery.

Article 39

Substitute carrier

1.   Where the carrier has entrusted the performance of the carriage, in whole or in part, to a substitute carrier, whether or not in pursuance of a right under the contract of carriage to do so, the carrier shall nevertheless remain liable in respect of the entire carriage.

2.   All the provisions of these Uniform Rules governing the liability of the carrier shall apply also to the liability of the substitute carrier for the carriage performed by him. Articles 48 and 52 shall apply if an action is brought against the servants or any other persons whose services the substitute carrier makes use of for the performance of the carriage.

3.   Any special agreement under which the carrier assumes obligations not imposed by these Uniform Rules or waives rights conferred by these Uniform Rules shall be of no effect in respect of the substitute carrier who has not accepted it expressly and in writing. Whether or not the substitute carrier has accepted it, the carrier shall nevertheless remain bound by the obligations or waivers resulting from such special agreement.

4.   Where and to the extent that both the carrier and the substitute carrier are liable, their liability shall be joint and several.

5.   The aggregate amount of compensation payable by the carrier, the substitute carrier and their servants and other persons whose services they make use of for the performance of the carriage shall not exceed the limits provided for in these Uniform Rules.

6.   This Article shall not prejudice rights of recourse which may exist between the carrier and the substitute carrier.

Article 40

Presumption of loss

1.   The person entitled may, without being required to furnish further proof, consider an item of luggage as lost when it has not been delivered or placed at his disposal within fourteen days after a request for delivery has been made in accordance with Article 22(3).

2.   If an item of luggage deemed to have been lost is recovered within one year after the request for delivery, the carrier must notify the person entitled if his address is known or can be ascertained.

3.   Within thirty days after receipt of a notification referred to in paragraph 2, the person entitled may require the item of luggage to be delivered to him. In that case he must pay the charges in respect of carriage of the item from the place of consignment to the place where delivery is effected and refund the compensation received less, where appropriate, any costs included therein. Nevertheless he shall retain his rights to claim compensation for delay in delivery provided for in Article 43.

4.   If the item of luggage recovered has not been claimed within the period stated in paragraph 3 or if it is recovered more than one year after the request for delivery, the carrier shall dispose of it in accordance with the laws and prescriptions in force at the place where the item of luggage is situated.

Article 41

Compensation for loss

1.   In case of total or partial loss of registered luggage, the carrier must pay, to the exclusion of all other damages:

| (a) | if the amount of the loss or damage suffered is proved, compensation equal to that amount but not exceeding 80 units of account per kilogram of gross mass short or 1 200 units of account per item of luggage; |
| --- | --- |

(a)

if the amount of the loss or damage suffered is proved, compensation equal to that amount but not exceeding 80 units of account per kilogram of gross mass short or 1 200 units of account per item of luggage;

| (b) | if the amount of the loss or damage suffered is not established, liquidated damages of 20 units of account per kilogram of gross mass short or 300 units of account per item of luggage. |
| --- | --- |

(b)

if the amount of the loss or damage suffered is not established, liquidated damages of 20 units of account per kilogram of gross mass short or 300 units of account per item of luggage.

The method of compensation, by kilogram missing or by item of luggage, shall be determined by the General Conditions of Carriage.

2.   The carrier must in addition refund the charge for the carriage of luggage and the other sums paid in relation to the carriage of the lost item as well as the customs duties and excise duties already paid.

Article 42

Compensation for damage

1.   In case of damage to registered luggage, the carrier must pay compensation equivalent to the loss in value of the luggage, to the exclusion of all other damages.

2.   The compensation shall not exceed:

| (a) | if all the luggage has lost value through damage, the amount which would have been payable in case of total loss; |
| --- | --- |

(a)

if all the luggage has lost value through damage, the amount which would have been payable in case of total loss;

| (b) | if only part of the luggage has lost value through damage, the amount which would have been payable had that part been lost. |
| --- | --- |

(b)

if only part of the luggage has lost value through damage, the amount which would have been payable had that part been lost.

Article 43

Compensation for delay in delivery

1.   In case of delay in delivery of registered luggage, the carrier must pay in respect of each whole period of twenty-four hours after delivery has been requested, but subject to a maximum of fourteen days:

| (a) | if the person entitled proves that loss or damage has been suffered thereby, compensation equal to the amount of the loss or damage, up to a maximum of 0,80 units of account per kilogram of gross mass of the luggage or 14 units of account per item of luggage, delivered late; |
| --- | --- |

(a)

if the person entitled proves that loss or damage has been suffered thereby, compensation equal to the amount of the loss or damage, up to a maximum of 0,80 units of account per kilogram of gross mass of the luggage or 14 units of account per item of luggage, delivered late;

| (b) | if the person entitled does not prove that loss or damage has been suffered thereby, liquidated damages of 0,14 units of account per kilogram of gross mass of the luggage or 2,80 units of account per item of luggage, delivered late. |
| --- | --- |

(b)

if the person entitled does not prove that loss or damage has been suffered thereby, liquidated damages of 0,14 units of account per kilogram of gross mass of the luggage or 2,80 units of account per item of luggage, delivered late.

The methods of compensation, by kilogram missing or by item of luggage, shall be determined by the General Conditions of Carriage.

2.   In case of total loss of luggage, the compensation provided for in paragraph 1 shall not be payable in addition to that provided for in Article 41.

3.   In case of partial loss of luggage, the compensation provided for in paragraph 1 shall be payable in respect of that part of the luggage which has not been lost.

4.   In case of damage to luggage not resulting from delay in delivery the compensation provided for in paragraph 1 shall, where appropriate, be payable in addition to that provided for in Article 42.

5.   In no case shall the total of compensation provided for in paragraph 1 together with that payable under Articles 41 and 42 exceed the compensation which would be payable in case of total loss of the luggage.

Section 3

Vehicles

Article 44

Compensation for delay

1.   In case of delay in loading for a reason attributable to the carrier or delay in delivery of a vehicle, the carrier must, if the person entitled proves that loss or damage has been suffered thereby, pay compensation not exceeding the amount of the carriage charge.

2.   If, in case of delay in loading for a reason attributable to the carrier, the person entitled elects not to proceed with the contract of carriage, the carriage charge shall be refunded to him. In addition the person entitled may, if he proves that loss or damage has been suffered as a result of the delay, claim compensation not exceeding the carriage charge.

Article 45

Compensation for loss

In case of total or partial loss of a vehicle the compensation payable to the person entitled for the loss or damage proved shall be calculated on the basis of the usual value of the vehicle. It shall not exceed 8 000 units of account. A loaded or unloaded trailer shall be considered as a separate vehicle.

Article 46

Liability in respect of other articles

1.   In respect of articles left inside the vehicle or situated in boxes (e.g. luggage or ski boxes) fixed to the vehicle, the carrier shall be liable only for loss or damage caused by his fault. The total compensation payable shall not exceed 1 400 units of account.

2.   So far as concerns articles stowed on the outside of the vehicle, including the boxes referred to in paragraph 1, the carrier shall be liable in respect of articles placed on the outside of the vehicle only if it is proved that the loss or damage results from an act or omission, which the carrier has committed either with intent to cause such a loss or damage or recklessly and with knowledge that such loss or damage would probably result.

Article 47

Applicable law

Subject to the provisions of this Section, the provisions of Section 2 relating to liability for luggage shall apply to vehicles.

CHAPTER IV

Common Provisions

Article 48

Loss of right to invoke the limits of liability

The limits of liability provided for in these Uniform Rules as well as the provisions of national law, which limit the compensation to a fixed amount, shall not apply if it is proved that the loss or damage results from an act or omission, which the carrier has committed either with intent to cause such loss or damage, or recklessly and with knowledge that such loss or damage would probably result.

Article 49

Conversion and interest

1.   Where the calculation of compensation requires the conversion of sums expressed in foreign currency, conversion shall be at the exchange rate applicable on the day and at the place of payment of the compensation.

2.   The person entitled may claim interest on compensation, calculated at five per cent per annum, from the day of the claim provided for in Article 55 or, if no such claim has been made, from the day on which legal proceedings were instituted.

3.   However, in the case of compensation payable pursuant to Articles 27 and 28, interest shall accrue only from the day on which the events relevant to the assessment of the amount of compensation occurred, if that day is later than that of the claim or the day when legal proceedings were instituted.

4.   In the case of luggage, interest shall only be payable if the compensation exceeds 16 units of account per luggage registration voucher.

5.   In the case of luggage, if the person entitled does not submit to the carrier, within a reasonable time allotted to him, the supporting documents required for the amount of the claim to be finally settled, no interest shall accrue between the expiry of the time allotted and the actual submission of such documents.

Article 50

Liability in case of nuclear incidents

The carrier shall be relieved of liability pursuant to these Uniform Rules for loss or damage caused by a nuclear incident when the operator of a nuclear installation or another person who is substituted for him is liable for the loss or damage pursuant to the laws and prescriptions of a State governing liability in the field of nuclear energy.

Article 51

Persons for whom the carrier is liable

The carrier shall be liable for his servants and other persons whose services he makes use of for the performance of the carriage, when these servants and other persons are acting within the scope of their functions. The managers of the railway infrastructure on which the carriage is performed shall be considered as persons whose services the carrier makes use of for the performance of the carriage.

Article 52

Other actions

1.   In all cases where these Uniform Rules shall apply, any action in respect of liability, on whatever grounds, may be brought against the carrier only subject to the conditions and limitations laid down in these Uniform Rules.

2.   The same shall apply to any action brought against the servants and other persons for whom the carrier is liable pursuant to Article 51.

TITLE V

LIABILITY OF THE PASSENGER

Article 53

Special principles of liability

The passenger shall be liable to the carrier for any loss or damage:

| (a) | resulting from failure to fulfil his obligations pursuant to






  1. | Articles 10, 14 and 20, |
| --- | --- | --- |

(a)

resulting from failure to fulfil his obligations pursuant to

1.

Articles 10, 14 and 20,

| 2. | the special provisions for the carriage of vehicles, contained in the General Conditions of Carriage, or |
| --- | --- |

2.

the special provisions for the carriage of vehicles, contained in the General Conditions of Carriage, or

| 3. | the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), or |
| --- | --- |

3.

the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), or

| (b) | caused by articles and animals that he brings with him, |
| --- | --- |

(b)

caused by articles and animals that he brings with him,

unless he proves that the loss or damage was caused by circumstances that he could not avoid and the consequences of which he was unable to prevent, despite the fact that he exercised the diligence required of a conscientious passenger. This provision shall not affect the liability of the carrier pursuant to Articles 26 and 33(1).

TITLE VI

ASSERTION OF RIGHTS

Article 54

Ascertainment of partial loss or damage

1.   When partial loss of, or damage to, an article carried in the charge of the carrier (luggage, vehicles) is discovered or presumed by the carrier or alleged by the person entitled, the carrier must without delay, and if possible in the presence of the person entitled, draw up a report stating, according to the nature of the loss or damage, the condition of the article and, as far as possible, the extent of the loss or damage, its cause and the time of its occurrence.

2.   A copy of the report must be supplied free of charge to the person entitled.

3.   Should the person entitled not accept the findings in the report, he may request that the condition of the luggage or vehicle and the cause and amount of the loss or damage be ascertained by an expert appointed either by the parties to the contract of carriage or by a court or tribunal. The procedure to be followed shall be governed by the laws and prescriptions of the State in which such ascertainment takes place.

Article 55

Claims

1.   Claims relating to the liability of the carrier in case of death of, or personal injury to, passengers must be addressed in writing to the carrier against whom an action may be brought. In the case of a carriage governed by a single contract and performed by successive carriers the claims may also be addressed to the first or the last carrier as well as to the carrier having his principal place of business or the branch or agency which concluded the contract of carriage in the State where the passenger is domiciled or habitually resident.

2.   Other claims relating to the contract of carriage must be addressed in writing to the carrier specified in Article 56(2) and (3).

3.   Documents which the person entitled thinks fit to submit with the claim shall be produced either in the original or as copies, where appropriate, the copies duly certified if the carrier so requires. On settlement of the claim, the carrier may require the surrender of the ticket, the luggage registration voucher and the carriage voucher.

Article 56

Carriers against whom an action may be brought

1.   An action based on the liability of the carrier in case of death of, or personal injury to, passengers may only be brought against the carrier who is liable pursuant to Article 26(5).

2.   Subject to paragraph 4 other actions brought by passengers based on the contract of carriage may be brought only against the first carrier, the last carrier or the carrier having performed the part of carriage on which the event giving rise to the proceedings occurred.

3.   When, in the case of carriage performed by successive carriers, the carrier who must deliver the luggage or the vehicle is entered with his consent on the luggage registration voucher or the carriage voucher, an action may be brought against him in accordance with paragraph 2 even if he has not received the luggage or the vehicle.

4.   An action for the recovery of a sum paid pursuant to the contract of carriage may be brought against the carrier who has collected that sum or against the carrier on whose behalf it was collected.

5.   An action may be brought against a carrier other than those specified in paragraphs 2 and 4 when instituted by way of counter-claim or by way of exception in proceedings relating to a principal claim based on the same contract of carriage.

6.   To the extent that these Uniform Rules apply to the substitute carrier, an action may also be brought against him.

7.   If the plaintiff has a choice between several carriers, his right to choose shall be extinguished as soon as he brings an action against one of them; this shall also apply if the plaintiff has a choice between one or more carriers and a substitute carrier.

Article 58

Extinction of right of action in case of death or personal injury

1.   Any right of action by the person entitled based on the liability of the carrier in case of death of, or personal injury to, passengers shall be extinguished if notice of the accident to the passenger is not given by the person entitled, within twelve months of his becoming aware of the loss or damage, to one of the carriers to whom a claim may be addressed in accordance with Article 55(1). Where the person entitled gives oral notice of the accident to the carrier, the carrier shall furnish him with an acknowledgement of such oral notice.

2.   Nevertheless, the right of action shall not be extinguished if

| (a) | within the period provided for in paragraph 1 the person entitled has addressed a claim to one of the carriers designated in Article 55(1); |
| --- | --- |

(a)

within the period provided for in paragraph 1 the person entitled has addressed a claim to one of the carriers designated in Article 55(1);

| (b) | within the period provided for in paragraph 1 the carrier who is liable has learned of the accident to the passenger in some other way; |
| --- | --- |

(b)

within the period provided for in paragraph 1 the carrier who is liable has learned of the accident to the passenger in some other way;

| (c) | notice of the accident has not been given, or has been given late, as a result of circumstances not attributable to the person entitled; |
| --- | --- |

(c)

notice of the accident has not been given, or has been given late, as a result of circumstances not attributable to the person entitled;

| (d) | the person entitled proves that the accident was caused by fault on the part of the carrier. |
| --- | --- |

(d)

the person entitled proves that the accident was caused by fault on the part of the carrier.

Article 59

Extinction of right of action arising from carriage of luggage

1.   Acceptance of the luggage by the person entitled shall extinguish all rights of action against the carrier arising from the contract of carriage in case of partial loss, damage or delay in delivery.

2.   Nevertheless, the right of action shall not be extinguished:

| (a) | in case of partial loss or damage, if






  1. | the loss or damage was ascertained in accordance with Article 54 before the acceptance of the luggage by the person entitled, |
| --- | --- | --- |

(a)

in case of partial loss or damage, if

1.

the loss or damage was ascertained in accordance with Article 54 before the acceptance of the luggage by the person entitled,

| 2. | the ascertainment which should have been carried out in accordance with Article 54 was omitted solely through the fault of the carrier; |
| --- | --- |

2.

the ascertainment which should have been carried out in accordance with Article 54 was omitted solely through the fault of the carrier;

| (b) | in case of loss or damage which is not apparent whose existence is ascertained after acceptance of the luggage by the person entitled, if he






  1. | asks for ascertainment in accordance with Article 54 immediately after discovery of the loss or damage and not later than three days after the acceptance of the luggage, and |
| --- | --- | --- |

(b)

in case of loss or damage which is not apparent whose existence is ascertained after acceptance of the luggage by the person entitled, if he

1.

asks for ascertainment in accordance with Article 54 immediately after discovery of the loss or damage and not later than three days after the acceptance of the luggage, and

| 2. | in addition, proves that the loss or damage occurred between the time of taking over by the carrier and the time of delivery; |
| --- | --- |

2.

in addition, proves that the loss or damage occurred between the time of taking over by the carrier and the time of delivery;

| (c) | in case of delay in delivery, if the person entitled has, within twenty-one days, asserted his rights against one of the carriers specified in Article 56(3); |
| --- | --- |

(c)

in case of delay in delivery, if the person entitled has, within twenty-one days, asserted his rights against one of the carriers specified in Article 56(3);

| (d) | if the person entitled proves that the loss or damage was caused by fault on the part of the carrier. |
| --- | --- |

(d)

if the person entitled proves that the loss or damage was caused by fault on the part of the carrier.

Article 60

Limitation of actions

1.   The period of limitation of actions for damages based on the liability of the carrier in case of death of, or personal injury to, passengers shall be:

| (a) | in the case of a passenger, three years from the day after the accident; |
| --- | --- |

(a)

in the case of a passenger, three years from the day after the accident;

| (b) | in the case of other persons entitled, three years from the day after the death of the passenger, subject to a maximum of five years from the day after the accident. |
| --- | --- |

(b)

in the case of other persons entitled, three years from the day after the death of the passenger, subject to a maximum of five years from the day after the accident.

2.   The period of limitation for other actions arising from the contract of carriage shall be one year. Nevertheless, the period of limitation shall be two years in the case of an action for loss or damage resulting from an act or omission committed either with the intent to cause such loss or damage, or recklessly and with knowledge that such loss or damage would probably result.

3.   The period of limitation provided for in paragraph 2 shall run for actions:

| (a) | for compensation for total loss, from the fourteenth day after the expiry of the period of time provided for in Article 22(3); |
| --- | --- |

(a)

for compensation for total loss, from the fourteenth day after the expiry of the period of time provided for in Article 22(3);

| (b) | for compensation for partial loss, damage or delay in delivery, from the day when delivery took place; |
| --- | --- |

(b)

for compensation for partial loss, damage or delay in delivery, from the day when delivery took place;

| (c) | in all other cases involving the carriage of passengers, from the day of expiry of validity of the ticket. |
| --- | --- |

(c)

in all other cases involving the carriage of passengers, from the day of expiry of validity of the ticket.

The day indicated for the commencement of the period of limitation shall not be included in the period.

4.   [...]

5.   [...]

6.   Otherwise, the suspension and interruption of periods of limitation shall be governed by national law.

TITLE VII

RELATIONS BETWEEN CARRIERS

Article 61

Apportionment of the carriage charge

1.   Any carrier who has collected or ought to have collected a carriage charge must pay to the carriers concerned their respective shares of such a charge. The methods of payment shall be fixed by agreement between the carriers.

2.   Article 6(3), Article 16(3) and Article 25 shall also apply to the relations between successive carriers.

Article 62

Right of recourse

1.   A carrier who has paid compensation pursuant to these Uniform Rules shall have a right of recourse against the carriers who have taken part in the carriage in accordance with the following provisions:

| (a) | the carrier who has caused the loss or damage shall be solely liable for it; |
| --- | --- |

(a)

the carrier who has caused the loss or damage shall be solely liable for it;

| (b) | when the loss or damage has been caused by several carriers, each shall be liable for the loss or damage he has caused; if such distinction is impossible, the compensation shall be apportioned between them in accordance with letter c); |
| --- | --- |

(b)

when the loss or damage has been caused by several carriers, each shall be liable for the loss or damage he has caused; if such distinction is impossible, the compensation shall be apportioned between them in accordance with letter c);

| (c) | if it cannot be proved which of the carriers has caused the loss or damage, the compensation shall be apportioned between all the carriers who have taken part in the carriage, except those who prove that the loss or damage was not caused by them; such apportionment shall be in proportion to their respective shares of the carriage charge. |
| --- | --- |

(c)

if it cannot be proved which of the carriers has caused the loss or damage, the compensation shall be apportioned between all the carriers who have taken part in the carriage, except those who prove that the loss or damage was not caused by them; such apportionment shall be in proportion to their respective shares of the carriage charge.

2.   In the case of insolvency of any one of these carriers, the unpaid share due from him shall be apportioned among all the other carriers who have taken part in the carriage, in proportion to their respective shares of the carriage charge.

Article 63

Procedure for recourse

1.   The validity of the payment made by the carrier exercising a right of recourse pursuant to Article 62 may not be disputed by the carrier against whom the right to recourse is exercised, when compensation has been determined by a court or tribunal and when the latter carrier, duly served with notice of the proceedings, has been afforded an opportunity to intervene in the proceedings. The court or tribunal seized of the principal action shall determine what time shall be allowed for such notification of the proceedings and for intervention in the proceedings.

2.   A carrier exercising his right of recourse must present his claim in one and the same proceedings against all the carriers with whom he has not reached a settlement, failing which he shall lose his right of recourse in the case of those against whom he has not taken proceedings.

3.   The court or tribunal shall give its decision in one and the same judgment on all recourse claims brought before it.

4.   The carrier wishing to enforce his right of recourse may bring his action in the courts or tribunals of the State on the territory of which one of the carriers participating in the carriage has his principal place of business, or the branch or agency which concluded the contract of carriage.

5.   When the action must be brought against several carriers, the plaintiff carrier shall be entitled to choose the court or tribunal in which he will bring the proceedings from among those having competence pursuant to paragraph 4.

6.   Recourse proceedings may not be joined with proceedings for compensation taken by the person entitled under the contract of carriage.

Article 64

Agreements concerning recourse

The carriers may conclude agreements which derogate from Articles 61 and 62.

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ANNEX II

MINIMUM INFORMATION TO BE PROVIDED BY RAILWAY UNDERTAKINGS AND/OR BY TICKET VENDORS

PART I: PRE JOURNEY INFORMATION

General conditions applicable to the contract

Time schedules and conditions for the fastest trip

Time schedules and conditions for the lowest fares

Accessibility, access conditions and availability on board of facilities for persons with reduced mobility

Accessibility and access conditions for bicycles

Availability of seats in smoking and non-smoking, first and second class as well as couchettes and sleeping carriages

Any activities likely to disrupt or delay services

Availability of on-board services

Procedures for reclaiming lost luggage

Procedures for the submission of complaints.

PART II: INFORMATION DURING THE JOURNEY

On-board services

Next station

Delays

Main connecting services

Security and safety issues.

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ANNEX III

MINIMUM SERVICE QUALITY STANDARDS

Information and tickets

Punctuality of international services, and general principles to cope with disruptions of services

Cancellations of international services

Cleanliness of rolling stock and station facilities (air quality in carriages, hygiene of sanitary facilities, etc.)

Customer satisfaction survey

Complaint handling, refunds and compensation for non-compliance with quality

Assistance provided to persons with reduced mobility.

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STATEMENT OF THE COUNCIL'S REASONS

I.   Introduction

The Commission presented the proposal for a Regulation on rights and obligations for passengers in international rail transport on 3 March 2004 as one of the four proposals of the Third Railway Package (1).

On 28 September 2005, the European Parliament voted its opinion in 1st reading.

On 24 July 2006, the Council adopted its Common Position in accordance with Article 251 of the Treaty.

In carrying out its work, the Council took account of the opinions of the European Economic and Social Committee (2) and of the Committee of the Regions (3).

II.   Analysis of the Common Position

1.   General

The negotiations on the Regulation on rights and obligations of passengers in international rail transport took place against the background of two publications by the European Commission, namely its White paper ‘European transport policy for 2010: time to decide’ (4) and its Communication to the Council and the European Parliament ‘Towards an integrated European transport area’ (5). In these publications the Commission stresses the need to put the users of the transport system back at the heart of the European transport policy and to do away with shortcomings in service levels for international passenger transport by rail. The proposal for a Regulation is also a response to the complaints the Commission received from European citizens concerning the inadequate quality of service provided by railway undertakings on international rail passenger services.

The Common Position as agreed by the Council therefore establishes rules concerning:

| — | information to be provided by railway undertakings, the conclusion of transport contracts, the issuing of tickets and implementation of a computerised information and reservation system for rail transport; |
| --- | --- |

—

information to be provided by railway undertakings, the conclusion of transport contracts, the issuing of tickets and implementation of a computerised information and reservation system for rail transport;

| — | liability of railway undertakings and their insurance obligations for passengers and their luggage; |
| --- | --- |

—

liability of railway undertakings and their insurance obligations for passengers and their luggage;

| — | minimum obligations of railway undertakings to passengers in the event of delay, missed connections and cancellations; |
| --- | --- |

—

minimum obligations of railway undertakings to passengers in the event of delay, missed connections and cancellations;

| — | protection of and assistance to persons with reduced mobility travelling by rail; |
| --- | --- |

—

protection of and assistance to persons with reduced mobility travelling by rail;

| — | definition and monitoring of service quality standards for international services, the management of risks to the personal security of passengers and the handling of complaints; |
| --- | --- |

—

definition and monitoring of service quality standards for international services, the management of risks to the personal security of passengers and the handling of complaints;

| — | general rules on enforcement. |
| --- | --- |

—

general rules on enforcement.

2.   Key policy issues

i)   Compatibility with COTIF/CIV

Some of the arrangements which the Commission presented in its proposal were prompted by the provisions of the COTIF (the Convention concerning International Carriage by Rail) and its CIV Appendix (Uniform Rules concerning the Contract for International Carriage of Passengers and Luggage by Rail).

In order to ensure coherence between Community legislation and the international agreement, the Council, at its meeting of 21 April 2005, decided to incorporate certain COTIF/CIV provisions into the new text. This was done by means of introductory Articles (4,10 and 13) that refer to extracts from the COTIF/CIV contained in Annex I of the Regulation. The provisions in question allow compatibility with the COTIF/CIV and avoid the need to legislate on matters already covered by the COTIF/CIV (rules on transport contracts, liability of railway undertakings in respect of passengers and their luggage, delays, missed connections and cancellations).

The European Parliament followed a similar approach in its opinion in first reading by adopting amendments which — in full or in part — call for the application of the respective COTIF/CIV provisions (Amendments 138/rev + 32, 50, 80, 81, 83 and 108). The European Parliament also suggested the deletion of a series of CIV-incompatible provisions from the original Commission text (e.g. amendments 34, 35, 52, 53, 54 and 108).

ii)   Scope

The overall scope of Council's Common Position covers international journeys throughout the Community undertaken on domestic and international services, which are provided by one or more railway undertakings.

| a) | Limitations: domestic services
  The Council decided to limit the scope with regards to delays, missed connections and cancellations (Chapter IV) and service quality standards (Chapter VI, Article 25). In order to avoid an excessive financial burden, the following provisions shall only apply to international journeys on international services and exclude providers of domestic services:






  — | (for parts of an international journey) the obligations concerning reimbursement and re-routing, compensation of the ticket price, and of assistance in case of delays in arrival or departure; |
| --- | --- | --- |

a)

Limitations: domestic services

The Council decided to limit the scope with regards to delays, missed connections and cancellations (Chapter IV) and service quality standards (Chapter VI, Article 25). In order to avoid an excessive financial burden, the following provisions shall only apply to international journeys on international services and exclude providers of domestic services:

—

(for parts of an international journey) the obligations concerning reimbursement and re-routing, compensation of the ticket price, and of assistance in case of delays in arrival or departure;

| — | all the obligations concerning the setting up and monitoring of, and reporting on, service quality systems and their management. |
| --- | --- |

—

all the obligations concerning the setting up and monitoring of, and reporting on, service quality systems and their management.

| b) | Limitations: temporary exemptions
  The Council also decided to limit the scope of its Common Position in so far as it provides for temporary exemptions granted to Member States for certain regional cross-border services and international services where a significant part of the service is being operated outside the Community. Member States applying such provisions will have to notify the Commission, which will then determine whether an exemption is in accordance with the provisions of the draft Regulation.
  In providing the possibility to grant such exemptions, the Council intended to leave it to the Member States to address those issues in such exceptional situations, thus avoiding an additional financial burden for the service providers. |
| --- | --- |

b)

Limitations: temporary exemptions

The Council also decided to limit the scope of its Common Position in so far as it provides for temporary exemptions granted to Member States for certain regional cross-border services and international services where a significant part of the service is being operated outside the Community. Member States applying such provisions will have to notify the Commission, which will then determine whether an exemption is in accordance with the provisions of the draft Regulation.

In providing the possibility to grant such exemptions, the Council intended to leave it to the Member States to address those issues in such exceptional situations, thus avoiding an additional financial burden for the service providers.

| c) | Enlarged scope: Persons with reduced mobility
  One of the main goals of this draft Regulation is to make rail travel more accessible to Persons with reduced mobility (PRM). Consequently, the Council decided to go further than the Commission had done in its proposal and to make the provisions for PRMs also applicable to domestic journeys on international services.
  In its opinion in first reading, the European Parliament decided to follow a different path and to make the provisions of this draft Regulation applicable to all rail passengers (amendment 11 et al). The Council considers that such an approach is premature and prefers to see its Common Position as complementing the Market Access Directive, which legislates only on the opening of the international rail passenger market. |
| --- | --- |

c)

Enlarged scope: Persons with reduced mobility

One of the main goals of this draft Regulation is to make rail travel more accessible to Persons with reduced mobility (PRM). Consequently, the Council decided to go further than the Commission had done in its proposal and to make the provisions for PRMs also applicable to domestic journeys on international services.

In its opinion in first reading, the European Parliament decided to follow a different path and to make the provisions of this draft Regulation applicable to all rail passengers (amendment 11 et al). The Council considers that such an approach is premature and prefers to see its Common Position as complementing the Market Access Directive, which legislates only on the opening of the international rail passenger market.

iii)   Computerised Information and Reservation system for Rail Transport (CIRSRT)

In order to provide the information and to issue tickets in accordance with the draft Regulation, the Council decided to introduce an obligation for railway undertakings and ticket vendors to make use of a Computerised Information and Reservation system for Rail Transport (CIRSRT). The procedures for establishing this system are set out in Article 9 paragraphs 2, 3 and 4 of Council's Common Position and rely on the Technical Specifications of Interoperability of Directive 2001/16/EC (6) (Chapter II and Annex II, 2.5). By setting up this system the Council moved away from the Commission proposal, which based the access to travel information on the concept of system vendors. The Council considered the involvement of such intermediaries as unnecessary and therefore decided to address the relevant provisions directly to the railway undertakings and ticket vendors.

iv)   Delays, missed connections and cancellations

As already pointed out, Council chose to align the provisions concerning a railway undertaking's liability in case of delays, missed connections and cancellations with the relevant chapter of COTIF/CIV. Moreover, the Council decided to include special provisions for reimbursement and re-routing, the compensation of the ticket price and the obligation to provide assistance to passengers in case of a delay in arrival or departure. As for the compensation of the ticket price, Council's Common Position is more in line with the European Parliament's position (amendment 61) and provides for a simpler and more transparent scheme than that proposed by the Commission. The provision adopted is determined by the length of the delay which functions as the basis for the amount of compensation. In addition, the Council made the form of payment of compensation more flexible (vouchers and/or other services or cash), which also follows a suggestion of the European Parliament (amendment 124).

v)   Special Provisions for Persons with reduced mobility

In order to facilitate travelling by rail, the Council's Common Position establishes special provisions as regards the rights to transport, the assistance to be provided at railway stations and on board trains and the conditions under which such assistance is available, compensation in respect of mobility equipment and information to be given to persons with reduced mobility. By doing so, the Council seeks to ensure equal access to rail travel at no additional cost for the passengers concerned. The Council is confident that these provisions will contribute to allowing persons with reduced mobility to benefit from the same travel opportunities as other citizens.

3.   Other issues

i)   Security, Complaints and Quality of Service

The personal security of passengers has recently become a core principle in the field of transport. That is why Council's Common Position contains provisions obliging the stakeholders to take adequate measures — in agreement with public authorities — to ensure the passengers' personal security at railway stations and on trains and to manage risks. By extending these obligations to station managers, the Council followed a suggestion of the European Parliament (amendment 100).

The Common Position as adopted by the Council also obliges railway undertakings — in cooperation with their ticket vendors — to establish a complaint handling mechanism for the rights and obligations covered in the draft Regulation. Moreover, railway undertakings will have to publish an annual report listing the complaints received and their handling.

Concerning the quality of service, the Common Position contains provisions obliging railway undertakings to define service quality standards and to implement a system to maintain service quality. Annex III of the draft Regulation contains a minimum list of items, which have to be covered in these standards. Railway undertakings will also be obliged to publish a report on their service quality performance on an annual basis.

With these measures, the Council aims at advancing consumer protection in the field of international passenger rail travel and to promote enhanced service quality standards among the railway undertakings.

ii)   Enforcement

The Common Position as adopted by the Council also stipulates an obligation for the Member State to designate a body (or bodies) responsible for the enforcement of the draft Regulation. Moreover, the Common Position obliges these enforcement bodies to cooperate and to exchange information with a view to promoting coordinated decision-making principles across the Member States.

III.   Conclusion

In establishing its Common Position, the Council has taken full account of the proposal of the Commission and the European Parliament's opinion in first reading. With respect to the amendments proposed by the European Parliament, the Council observes that a considerable number of amendments have — in spirit, partially or in full — already been covered in its Common Position. The decision to avoid ‘double legislation’ and therefore to integrate certain COTIF/CIV provisions clearly underlines the spirit of understanding between the two co-legislators.

As regards the main issue of disagreement — the inclusion of domestic rail passenger transport within the scope of the draft Regulation — the Council considers its approach to be a balanced and appropriate response.

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(1)  The other 3 legislative proposals concern:

| — | a Directive amending Directive 91/440/EEC on the development of the Community's railways (doc. 7147/04 TRANS 107 CODEC 335) |
| --- | --- |

—

a Directive amending Directive 91/440/EEC on the development of the Community's railways (doc. 7147/04 TRANS 107 CODEC 335)

| — | a Directive on the certification of train crews operating locomotives and trains on the Community's rail network railways (doc. 7148/04 TRANS 108 CODEC 336) |
| --- | --- |

—

a Directive on the certification of train crews operating locomotives and trains on the Community's rail network railways (doc. 7148/04 TRANS 108 CODEC 336)

| — | a Regulation on quality obligations for rail freight services (doc.7150/04 TRANS 110 CODEC 338). |
| --- | --- |

—

a Regulation on quality obligations for rail freight services (doc.7150/04 TRANS 110 CODEC 338).

(2)  OJ C 221, 8.9.2005, p. 8.

(3)  OJ C 71, 22.03.2005, p. 26.

(4)  doc. 11932/01 TRANS 131 AVIATION 70 MAR 76.

(5)  COM (2002) 18, 23.01.2002.

(6)  OJ L 110, 20.4.2001, p. 1.

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