EUROPEAN COMMISSION Brussels, 12.4.2019 COM(2019) 179 final REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Exemptions granted by Member States under Regulation (EU) No 181/2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004







REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Exemptions granted by Member States under Regulation (EU) No 181/2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 1. INTRODUCTION 1.1. Background Regulation (EU) No 181/2011 (‘the Regulation’) lays down a series of rights for passengers who travel by bus and coach in the European Union. It became applicable on 1 March 2013. The Commission is submitting this report under Articles 2(6) and 18(2) of the Regulation, which requires it to report to the European Parliament and the Council on exemptions granted pursuant to Articles 2(4), 2(5) and 18(1). 1.2 Scope of the Regulation The Regulation applies, in general, to ‘regular services’ (services provided at specified intervals along specified routes, where passengers are picked up and set down at predetermined stopping points) for non-specified categories of passengers, where the boarding or alighting point of the passengers is situated in the territory of a Member State. 1.3 Content of the Regulation Passengers travelling on any type of regular service, irrespective of the scheduled distance of the service, benefit from the following core rights: 1) non-discriminatory transport conditions (notably non-discriminatory tariffs); 2) access to transport for people with disabilities or reduced mobility at no additional cost (carriers can only refuse to transport passengers with disabilities if carrying them is physically impossible given the design of the vehicle, the bus stop or the terminal infrastructure, or if doing so would breach health and safety requirements); 3) minimum rules on the travel information provided to all passengers before and during their journey including information on their rights; 4) a complaint handling mechanism that carriers must make available to all passengers; and 5) independent national enforcement bodies in each Member State, which have the mandate to enforce the Regulation and, where appropriate, to impose penalties. Passengers also benefit from the following additional rights when travelling on regular services where the scheduled distance of the service is 250 km or more: 6) provision of tickets (electronic or paper) or any other documents giving entitlement to transport; 7) compensation and assistance in the case of death, injury or loss or damage to luggage caused by an accident;

8) information if the service is cancelled or delayed on departure; 9) right to reimbursement of the full ticket price or rerouting in the case of a cancellation or a long delay at departure; 10) adequate assistance in the case of a cancellation or a long delay (only applicable when the scheduled duration of the journey is more than 3 hours); 11) compensation amounting to 50 % of the ticket price if the carrier fails to offer the passenger the choice between reimbursement of the ticket price and rerouting when there has been a cancellation or long delay; and 12) specific assistance at no additional cost for people with disabilities or reduced mobility both at bus terminals and on board. 2. Exemptions from the scope of the Regulation 2.1 Exemption of domestic regular services from the scope of the Regulation in accordance with Article 2(4) of the Regulation Member States could, on a transparent and non-discriminatory basis, exempt those purely domestic regular services where the scheduled distance is equal or above 250 km from the application of the non-core rights until 28 February 2017. This exemption could be renewed once, for a period of up to four years (ending on 28 February 2021 at the latest). In 2013, when the Regulation become applicable, a total of 13 Member States (Croatia, the Czech Republic, Estonia, France, Greece, Hungary, Latvia, The Netherlands, Portugal, Romania, Slovakia, Slovenia and the United Kingdom) applied exemptions of this type. In 2017, a total of 8 Member States (Croatia, Estonia, Hungary, Latvia, Portugal, Slovakia, Slovenia and the United Kingdom) decided to renew this exemption. 2.2 Exemption of regular services with a significant part of the service (including at least one scheduled stop) is operated outside the European Union in accordance with Article 2(5) of the Regulation Member States could also grant exemptions from the application of the entire Regulation to regular services where a significant part of the service (including at least one scheduled stop) is operated outside the EU. These exemptions, which must also be awarded on a transparent and non-discriminatory basis, expired on 28 February 2017, but they could be renewed once for a period of up to four years (ending on 28 February 2021 at the latest). In 2013, a total of 14 Member States (Austria, Croatia, Estonia, France, Finland, Germany, Greece, Hungary, Italy, Latvia, The Netherlands, Slovakia, Slovenia and the United Kingdom) granted exemptions of this type. In 2017, a total of 9 Member States (Croatia, Estonia, Greece, Finland, Hungary, Latvia, Slovakia, Slovenia and the United Kingdom) decided to renew this exemption. 2.3 Exemption of regular services from some or all of the provisions related to the rights of passengers with disability or reduced mobility in accordance with Article 18(1) of the Regulation Member States can exempt their domestic services from the application of all or some of the provisions of Chapter III of the Regulation on the rights of passengers with disability or reduced mobility, provided that they ensure that the level of protection of disabled persons and persons with reduced mobility under their national rules is at least the same as under the Regulation. Member States shall inform the Commission of such exemptions granted. The Commission shall take appropriate action if such an exemption is deemed not to be in accordance with the requirement that the level of protection of disabled persons and persons with reduced mobility under the national rules shall be at least the same as under the Regulation. None of the Member States granted exemptions on the basis of Article 18(1) of the Regulation.



3. Consultation with stakeholders and national enforcement bodies about the exemptions Before submitting its Report to the European Parliament and the Council on the application of Regulation (EU) No 181/2011 the Commission consulted in 2016 stakeholders on the application of the Regulation. During this consultation, passengers’ organisations criticised Member States for granting too many exemptions. In their opinion, the extensive use of exemptions deprives passengers of the full enjoyment of their rights and of legal certainty (particularly as it is difficult for passengers to know which Member States apply which exemptions).