P8_TC1-COD(2017)0237

Position of the European Parliament adopted at first reading on 15 November 2018 with a view to the adoption of Regulation (EU) …/… of the European Parliament and of the Council on rail passengers’ rights and obligations (recast)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91(1) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

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

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1) A number of amendments are to be made to Regulation (EC) No 1371/2007 of the European Parliament and of the Council (2) in order to provide improved protection for passengers and encourage increased rail travel, with due regard to Articles 11, 12 and 14 of the Treaty on the Functioning of the European Union in particular . In view of these amendments and in the interests of clarity, that Regulation (EC) No 1371/2007 should therefore be recast. [Am. 1]

(2) In the framework of the common transport policy, it is important to safeguard users’ rights for rail passengers and to improve the quality and effectiveness of rail passenger services in order to help increase the share of rail transport in relation to other modes of transport.

(3) Despite considerable progress made in protecting consumers in the Union, further improvements are still to be made in protecting the rights of rail passengers are still to be made and in ensuring they are compensated for delays, cancellations and any material damage. [Am. 2]

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

(5) Granting the same rights to rail passengers taking international and domestic journeys should raise the level of consumer protection passenger rights in the Union, ensure a level playing-field for railway undertakings and guarantee a uniform level of rights for in particular as regards their access to information and compensation in case of delay or cancellation. Passengers should receive as precise information as possible on their rights . [Am. 3]

(5a) This Regulation should not adversely affect the ability of the Member States or competent authorities to establish social tariffs for services regulated under a public service obligation, and for commercial services. [Am. 4]

(6) Urban, suburban and regional rail passenger services are different in character from long-distance services. Member States should therefore be allowed to exempt urban, suburban and regional rail passenger services which are not cross-border services within the Union from certain provisions on passengers' rights. [Am. 136]

(7) It is an aim of this Regulation to improve rail passenger services within the Union. Therefore, Member States should be able to grant exemptions for services in regions where a significant part of the service is operated outside the Union, provided that an adequate level of passenger rights is ensured on the part of such services provided on those Member States' territory, in accordance with their national law.

(8) However, the exemptions should not apply to the provisions of this Regulation that facilitate the use of rail services by persons with disabilities or persons with reduced mobility. Furthermore, exemptions should not apply to the rights of those wishing to purchase tickets for travel by rail to do so without undue difficulty, to the provisions on railway undertakings’ liability in respect of passengers and their luggage, to the requirement that railway undertakings be adequately insured, and to the requirement that they take adequate measures to ensure passengers’ personal security in railway stations and on trains and to manage risk. [Am. 6]

(9) Users’ rights to rail services include the receipt of information regarding the service those services and related matters both before and during the journey. Whenever possible, Railway undertakings and ticket vendors should provide this information in advance and as soon as possible , in advance, or at least at the start of the journey . That information should be provided in accessible formats for persons with disabilities or persons with reduced mobility and should be publicly available . Railway undertakings should provide this information to ticket vendors and other railway undertakings selling their services. [Am. 7]

(9a) Access to all real-time operational data and tariffs on non-discriminatory and viable terms makes rail travel more accessible to new customers and provides them with a wider range of journey possibilities and tariffs to choose from. Railway undertakings should provide ticket vendors with their operational and tariff data in order to facilitate rail travel. Efforts should be made to allow passengers to book through-tickets and optimal single rail journeys. [Am. 8]

(9b) Intensive multimodal passenger transport will help to achieve climate goals. Railway undertakings should also therefore advertise combinations with other modes of transport so that rail users are aware of them before making their travel reservations. [Am. 9]

(9c) Well-developed multimodal passenger transport systems will help to achieve climate goals. Railway undertakings should therefore also advertise combinations with other modes of transport so that rail users are aware of them before making their travel reservations. [Am. 10]

(10) More detailed requirements regarding the provision of travel information are set out in the technical specifications for interoperability (TSIs) referred to in Commission Regulation (EU) No 454/2011 (3).

(11) Strengthening of the rights of rail passengers should build on the existing international law 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). However, it is desirable to extend the scope of this Regulation and protect not only international passengers but domestic passengers too. On 23 February 2013, the Union acceded to the COTIF.

(12) In the context of the sale of tickets for the transport of passengers, Member States should take all necessary measures to prohibit discrimination on the basis of nationality or residence, regardless whether the passenger concerned is present, permanently or on a temporary basis, in another Member State. Those measures should cover all covert forms of discrimination which, by the application of other criteria, such as residence, physical or digital location, may have the same effect. In light of the development of online platforms selling passenger transport tickets, Member States should pay special attention to ensuring that no discrimination occurs during the process of accessing online interfaces or purchasing tickets. However, transport schemes involving social tariffs should not be automaticallyprecluded, provided that they are proportionate andindependent of the nationality of the persons concerned. [Am. 11]

(13) The increasing popularity of cycling across the Union has implications for overall mobility and tourism. An increase in the use of both railways and cycling in the modal split reduces the environmental impact of transport. Therefore, railway undertakings should facilitate the combination of cycling and train journeys as much as possible, in particular by allowing they should provide sufficient bicycle stands for the carriage of assembled bicycles in areas intended for that purpose on board all types of passenger trains, including high speed, long distance, cross-border and local services. Passengers should be informed of the space available for bicycles. These requirements should apply to all railway undertakings from … [two years after the date of entry into force of this Regulation]. [Am. 12]

(14) Railway undertakings should facilitate the transfer of rail passengers from one operator to another by the provision of through-tickets, whenever possible. [Am. 13]

(15) In the light of the United Nations Convention on the Rights of Persons with Disabilities and in order to give persons with disabilities and persons with reduced mobility opportunities for rail travel comparable to those of other citizens, rules for non-discrimination and assistance during their journey should be established. Persons with disabilities and persons with reduced mobility, whether caused by disability, age or any other factor, have the same right as all other citizens to free movement and to non-discrimination. Inter alia, special attention should be given to the provision of information to persons with disabilities and persons with reduced mobility concerning the accessibility of rail services, access conditions of rolling stock and the facilities on board. In order to provide passengers with sensory impairment with the best information on delays, visual and audible systems should be used, as appropriate. Persons with disabilities and persons with reduced mobility should be enabled to buy tickets on board a train without extra charges. which are appropriate and comprehensible to those passengers. Staff should be adequately trained to respond to the needs of persons with disabilities and persons with reduced mobility, notably when providing assistance. To ensure equal travel conditions, such persons should be provided , free of charge, with assistance at stations and on to board at all times when trains operate and not only at certain times of the day and disembark . [Am. 14]

(15a) If no accessible ticket vending facilities are available at the station, persons with disabilities and persons with reduced mobility should be able to purchase tickets on board the train. [Am. 15]

(16) Railway undertakings and station managers should take into account the needs of persons with disabilities and persons with reduced mobility, through compliance with the TSI for persons with reduced mobility Commission Regulation (EU) No 1300/2014 (TSI) (4) and Directive XXX when complementing TSI . In addition, in accordance with Union public procurement rules, in particular Directive 2014/24/EU of the European Parliament and of the Council (5), all buildings and rolling stock should be made accessible through the progressive elimination of physical obstacles and functional hindrances when acquiring new material or carrying out construction or major renovation work. [Am. 16]

(17) It is desirable that this Regulation create a system of compensation for passengers in the case of delay which is linked to the liability of the railway undertaking, on the same basis as the international system provided by the COTIF and in particular CIV Uniform Rules thereto relating to passengers' rights. Purchased tickets should be fully refundable. In the event of a delay of a passenger service, railway undertakings should provide passengers with compensation based on a percentage up to 100 % of the ticket price. [Am. 17]

(18) Railway undertakings should be obliged to be insured, or to make equivalent arrangements, for their liability to rail passengers in the event of accident. Where Member States set a maximum amount for compensatory damages in the event of death or personal injury to passengers, that amount should be at least equivalent to the amount set out in the CIV Uniform Rules. Member States should have the possibility to increase the amount for compensatory damages in the event of death or personal injury to passengers at any time. [Am. 18]

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

(20) In the event of delay, passengers should be provided with continued or re-routed transport options under comparable transport conditions. The needs of appropriate information for persons with disabilities and persons with reduced mobility should in particular be taken into account in such an event. [Am. 19]

(20a) The interpretation of journey or combined journey should include all situations with realistic or applicable minimum connection times when originally booked, taking into account any relevant factors such as the size and location of the respective stations and platforms concerned. [Am. 137]

(21) However, a railway undertaking should not be obliged to pay compensation if it can prove that the delay was caused by severe weather conditions or major natural disasters endangering the safe operation of the service. Any such event should have the character of an exceptional natural catastrophe, as distinct from normal seasonal weather conditions, such as autumnal storms or regularly occurring urban flooding caused by tides or snowmelt. Railway undertakings should prove that they could neither foresee nor prevent the delay even if all reasonable measures had been taken. [Am. 20]

(22) In cooperation with infrastructure managers and railway undertakings, station managers should prepare and make publicly available contingency plans to minimise the impact of major disruptions by providing stranded passengers with adequate information and care. [Am. 21]

(23) This Regulation should not restrict the rights of railway undertakings , ticket vendors, railway station or infrastructure managers to seek compensation , where applicable, from any person, including third parties, in accordance with applicable national law for meeting their obligations to passengers under this Regulation . [Am. 22]

(24) Where a Member State grants railway undertakings an exemption from the provisions of this Regulation, it should encourage railway undertakings, in consultation with organisations representing passengers, to put in place arrangements for compensation and assistance in the event of major disruption to a rail passenger service.

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

(26) It is in the interests of 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.

(27) Rail passengers should be able to submit a complaint to any railway undertaking , ticket vendor, railway station or infrastructure manager involved regarding the rights and obligations conferred by this Regulation, and be entitled to receive a response within a reasonable period of time. [Am. 23]

(28) Railway undertakings and station managers should define, make publicly available, manage and monitor service quality standards for rail passenger services including those for persons with disabilities and persons with reduced mobility . [Am. 24]

(29) To maintain a high level of consumer protection in rail transport, Member States should be required to designate national enforcement bodies to monitor closely and enforce this Regulation at national level. Those bodies should be able to take a variety of enforcement measures and to provide the option for passengers of binding alternative dispute resolution in accordance with Directive 2013/11/EU of the European Parliament and of the Council (6). Passengers should be able to complain to those bodies about alleged infringements of the Regulation , and to use online dispute resolution established under Regulation (EU) No 524/2013 of the European Parliament and of the Council (7) where agreed. It should also be provided that complaints may be made by organisations representing groups of passengers . To ensure the satisfactory handling of such complaints, the bodies should also cooperate with each other and this Regulation should continue to be listed in the Annex to the Regulation (EU) 2017/2394 of the European Parliament and of the Council (8). Each year national enforcement bodies should publish reports with statistics on their websites detailing the number and type of complaints that they have received, and detailing the outcome of their enforcement actions. In addition, those reports should be made available on the website of the European Union Agency for Railways . [Am. 25]

(30) Processing of personal data should be carried out in accordance with Union law on the protection of personal data, in particular with Regulation (EU) 2016/679 of the European Parliament and of the Council (9).

(31) 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 and should include, but not be limited to, a minimum fine or a percentage of the relevant undertaking’s or organisation’s annual turnover, whichever is the higher . [Am. 26]

(32) Since the objectives of this Regulation, namely the development of the Union's railways and the introduction of passenger rights, cannot be sufficiently achieved by the Member States, and can therefore be better achieved at Union level, the Union 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.

(33) In order to ensure a high level of passenger protection, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated on the Commission to amend the Annexes I, II, and III in respect of the CIV Uniform Rules, the minimum information to be provided by railway undertakings and ticket vendors, on minimum service quality standards, and to adjust, in the light of inflation, the financial amounts referred to in the Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (10). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(33a) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt a standardized Union complaint form that passengers may use to apply for compensation in accordance with this Regulation. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (11) . [Am. 27]

(34) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular Articles 21, 26, 38 and 47 concerning, respectively, the prohibition of any form of discrimination, the integration of persons with disabilities, a high level of consumer protection, and the right to an effective remedy and to a fair trial. The Member States' courts must apply this Regulation in a manner consistent with these rights and principles,

HAVE ADOPTED THIS REGULATION:

Chapter I

General provisions

Article 1 Subject matter and objectives [Am. 28] This Regulation establishes rules applicable to rail transport to provide for effective protection of passengers and encourage rail travel as regards the following: [Am. 29] (a) non-discrimination between passengers with regard to transport and ticketing conditions; [Am. 30] (b) the liability of railway undertakings and their insurance obligations for passengers and their luggage; (c) passengers’ rights in the event of an accident arising from the use of railway services and resulting in death, personal injury or loss of, or damage to, their luggage; (d) passengers’ rights and compensation in the event of disruption, such as cancellation or delay; [Am. 31] (e) minimum , accurate and timely information to be provided in accessible format to passengers , including the conclusion of transport contracts and the issuing of tickets ; [Am. 32] (f) non-discrimination against, and mandatory assistance by trained staff for, persons with disabilities and persons with reduced mobility; [Am. 33] (g) the definition and monitoring of service quality standards and the management of risks to the personal security of passengers; (h) the proper procedures for filing and handling of complaints; [Am. 34] (i) general rules on enforcement.

Article 2 Scope 1. This Regulation shall apply to domestic and international rail journeys and services throughout the Union provided by one or more railway undertakings licensed in accordance with Directive 2012/34/EU of the European Parliament and of the Council (12). 2. Subject to paragraph 4, Member States may exempt the following services from the application of this Regulation: (a) urban, suburban and regional rail passenger services as referred to in Directive 2012/34/EU, except cross-border services within the Union; [Am. 138] (b) international rail passenger services of which a significant part, including at least one scheduled station stop, is operated outside the Union, provided that passengers’ rights are adequately ensured under relevant national law on the territory of the Member State granting the exemption ; [Am. 36] (ba) domestic rail passenger services where such exemption was granted by Member States under Regulation (EC) No 1371/2007 for a maximum of 12 months after … [date of entry into force of this Regulation]. [Am. 37] 3. Member States shall inform the Commission of exemptions granted pursuant to points (a), and (b) and (ba) of paragraph 2, and on the adequacy of their national law on their territory for the purposes of point (b) of paragraph 2. [Am. 38] 4. Articles 5, 10, 6, 11 and 25 12, 17 and Chapter V shall apply to all rail passenger services referred to in paragraph 1, including services exempted in accordance with points (a) and (b) point (a) of paragraph 2. [Am. 39] 4a. This Regulation shall not apply to services which are operated strictly for their historical interest. [Am. 40]

Article 3 Definitions For the purposes of this Regulation the following definitions apply: (1) ‘railway undertaking’ means a railway undertaking as defined in Article 3(1) of Directive 2012/34/EU; (1a) ‘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; [Am. 41] (1b) ‘substitute carrier’ means a railway undertaking, which has not concluded a transport contract with the passenger, but to which the railway undertaking party to the contract has entrusted, in whole or in part, the performance of the transport by rail; [Am. 42] (2) ‘infrastructure manager’ means an infrastructure manager as defined in Article 3 of Directive 2012/34/EU; (3) ‘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; (4) ‘tour operator’ means an organiser or retailer, other than a railway undertaking, within the meaning of Article 3, points (8) and (9) point (8) of Directive (EU) 2015/2302 of the European Parliament and of the Council (13); [Am. 43] (5) ‘ticket vendor’ means any retailer of rail transport services concluding transport contracts and selling tickets , separate tickets or through-tickets on behalf of one or more a railway undertaking undertakings or for its own account; [Am. 44] (5a) ‘distributor’ means a retailer of rail transport services selling tickets on behalf of a railway undertaking, and which does not have any obligation under the contract concluded between the passenger and the railway undertaking; [Am. 45] (6) ‘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; [Am. 46] (6a) ‘ticket’ means a valid evidence that entitles the passenger to rail transport, regardless of its form, paper, e-Ticket, Smartcard, travel card; [Am. 47] (6b) ‘combined journey’ means a ticket or tickets representing more than one transport contract for successive railway services operated by one or more railway undertakings; [Am. 48] (7) ‘reservation’ means an authorisation, on paper or in electronic form, giving entitlement to transportation subject to previously confirmed personalised transport arrangements; (8) ‘through-ticket’ means a ticket or separate tickets representing a single or several transport contract contracts for successive railway services operated by one or more railway undertakings , purchased from the same ticket vendor, tour operator or railway undertaking for an end-to-end journey ; [Am. 49] (9) ‘service’ means a passenger rail transport service that operates between rail stations or stops according to a timetable; (10) ‘journey’ means the carriage of a passenger between a station of departure and a station of arrival under a single transport contract; [Am. 50] (11) ‘domestic rail passenger service’ means a rail passenger service which does not cross a border of a Member State; (12) ‘international rail passenger service’ means international rail passenger service as defined in Article 3(5) of Directive 2012/34/EU; (13) ‘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 at the final station of destination; (13a) ‘arrival’ means the moment when, at the destination platform, the doors of the train are open and disembarkation is allowed; [Am. 51] (14) ‘travel pass’ or ‘season ticket’ means a ticket for an unlimited number of journeys which provides the authorised holder with rail travel on a particular route or network during a specified period; (15) ‘missed connection’ means a situation where , whether under a single transport contract or not, a passenger misses one or more services in the course of a journey or combined journey as a result of the delay or cancellation of one or more previous services; [Am. 139] (16) ‘person with disabilities’ and ‘person with reduced mobility’ means any person who has a permanent or temporary physical, mental, intellectual or sensory impairment which, in interaction with various barriers, may hinder their full and effective use of transport on an equal basis with other passengers or whose mobility when using transport is reduced due to age; [Am. 53] (17) ‘General Conditions of Carriage’ means the conditions of the railway undertaking 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; (18) ‘vehicle’ means a motor vehicle or a trailer carried on the occasion of the carriage of passengers; (19) ‘CIV Uniform Rules’ means the Uniform Rules concerning the Contract for International Carriage of Passengers and Luggage by Rail (CIV), as set out in Appendix A to the Convention concerning International Carriage by Rail (COTIF).

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 Non-discriminatory conditions of transport contract Without prejudice to social tariffs, railway undertakings , tour operators or ticket vendors shall offer transport contract and ticketing conditions and tariffs to the general public and shall sell tickets, through-tickets and accept reservations from passengers in line with Article 10 of this Regulation, without direct or indirect discrimination on the basis of the final customer’s passenger's nationality or residence, or the place of establishment of the railway undertaking , tour operators or ticket vendor within the Union or the means through which passengers bought the ticket . [Am. 55]

Article 6 Bicycles Passengers shall be entitled to take bicycles on board the train, where appropriate for a reasonable fee. They shall keep their bicycles under supervision during the journey and ensure that no inconvenience or damage is caused to other passengers, mobility equipment, luggage or rail operations. including on high-speed, long distance, cross-border and local services. All new or refurbished passenger trains shall at the latest by … [two years after the date of entry into force of this Regulation] include a well indicated designated space for the carriage of assembled bicycles may be refused or restricted for safety or operational reasons, provided that with a minimum of eight spaces. Railway undertakings, ticket vendors, tour operators and, where appropriate, station managers shall inform passengers at the latest when purchasing the ticket of the conditions for such a refusal or restriction bicycle carriage on all services in accordance with Regulation (EU) No 454/2011. [Am. 56]

Article 7 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. Any contractual conditions which purport directly or indirectly to waive, derogate from or restrict the rights resulting from this Regulation shall not be binding on the passenger . [Am. 57] 2. Railway undertakings , tour operators or ticket vendors may offer contract conditions more favourable for the passenger than the conditions laid down in this Regulation. [Am. 58]

Article 8 Obligation to provide information concerning discontinuation of services Railway undertakings or, where appropriate, competent authorities responsible for a public service railway contract shall make public by appropriate means, and without delay, including in accessible formats for persons with disabilities in accordance with accessibility requirements laid down in Directive XXX (14), and in Regulation (EU) No 1300/2014 , and in good time before their implementation, proposals to discontinue or substantially reduce services either permanently or temporarily, and shall ensure that those proposals are subject to meaningful and proper consultation with stakeholders before any implementation takes place. [Am. 59]

Article 9 Travel information 1. Railway undertakings , tour operators and ticket vendors offering transport contracts on their own behalf or on behalf of one or more railway undertakings shall provide the passenger, upon request, with at least the information set out in Annex II, Part I in relation to the journeys for which transport contracts are offered by the railway undertaking concerned. Ticket vendors offering transport contracts on their own account, and tour operators, shall provide this information where available. In order to ensure compliance with this Regulation, railway undertakings shall provide this information to ticket vendors and other railway undertakings, selling their service. [Am. 60] 2. Railway undertakings, and, where possible, and where applicable, ticket vendors shall provide the passenger during the journey, including at connecting stations, with at least the information set out in Annex II, Part II. In order to ensure compliance with this Regulation, railway undertakings shall provide this information to ticket vendors and other railway undertakings, selling their service. [Am. 61] 3. The information referred to in paragraphs 1 and 2 shall be provided in the most appropriate format including by using by railway undertakings, tour operators and ticket vendors to passengers using easily accessible, commonly used and, concerning paragraph 2, in real-time, up-to-date communication technologies , and in writing, where possible , in order to provide passengers with all the information required by Annex II to this Regulation. Particular attention shall be paid to ensuring that this information is accessible to persons with disabilities in accordance with the accessibility requirements laid down in Directive XXX and, Regulation (EU) No 454/2011 and Regulation (EU) No 1300/2014 . The availability of formats accessible to persons with reduced mobility shall be clearly advertised . [Am. 62] 4. Railway undertakings, station managers and infrastructure managers shall make real-time data relating to trains, including those operated by other railway undertakings publicly available to railway undertakings and ticket vendors, in a non-discriminatory manner in real-time so as to eliminate any discrimination between passengers . [Am. 63] 4a. Railway undertakings in cooperation with station managers and infrastructure managers shall indicate in timetables information about accessible train connections and stations. [Am. 64]

Article 10 Availability of tickets, through-tickets and reservations 1. Railway undertakings and ticket vendors shall offer tickets and, where available, through-tickets and reservations. They shall make all possible efforts to offer through-tickets, including for journeys across borders and or involving night trains and journeys with more than one railway undertaking. [Am. 65] 2. Without prejudice to paragraphs 3 and 4, railway undertakings and ticket vendors shall distribute tickets to passengers via at least one of the following points of sale: (a) ticket offices or ticketing machines; (b) telephone, the internet or any other widely available information technology; (c) on board trains. Member States Competent authorities referred to in Regulation (EC) No 1370/2007 of the European Parliament and of the Council (15) may require railway undertakings to provide tickets for services provided under public service contracts through more than one point of sale. [Am. 66] 3. Railway undertakings shall offer the possibility to obtain tickets for the respective service on board the train, unless this is limited or denied on well justifiable grounds relating to security or antifraud policy or compulsory train reservation or reasonable commercial grounds , including limitation on space or seat availability . [Am. 67] 4. Where there is no ticket office or ticketing machine in the station of departure, passengers shall be informed at the station: (a) of the possibility of purchasing tickets via telephone or the internet or on board the train, and of the procedure for such purchase; (b) of the nearest railway station or place at which ticket offices and/or ticketing machines are available. 5. Where there is no ticket office or accessible ticketing machine in the station of departure, persons with disabilities and persons with reduced mobility or any other means of purchasing tickets in advance, passengers shall be permitted to buy tickets on board the train at no extra cost. [Am. 68] 6. Where a passenger receives separate tickets for a single journey or combined journey comprising successive railway services operated by one or more railway undertakings, his rights to information, assistance, care and compensation shall be equivalent to those under a through-ticket and cover the whole journey or combined journey from the departure to the final destination, unless the passenger is explicitly informed otherwise in writing. Such information shall in particular state that when the passenger misses a connection, he or she would not be entitled to assistance or compensation based on the total length of the journey. The burden of proof that the information was provided shall lie with the railway undertaking, its agent, tour operator or ticket vendor. [Am. 140]

Article 10a Provision of travel information through application programming interfaces 1. Railway undertakings shall provide non-discriminatory access to all travel information, including real-time operational information on timetables and tariffs data, as referred to in Article 9, through application programming interfaces (APIs). 2. Railway undertakings shall provide tour operators, ticket vendors and other railway undertakings, selling their service, non-discriminatory access to reservation systems through APIs, so that they can conclude transport contracts and issue tickets, through-tickets and reservations, in such a way that they provide the most optimal and cost-effective journey, including cross-border. 3. Railway undertakings shall ensure that the technical specifications of the APIs are well-documented and openly accessible at no charge. The APIs shall make use of open standards, commonly used protocols and machine-readable formats to make them interoperable. 4. Railway undertakings shall ensure that, except for emergency situations, any change to the technical specification of their APIs is made available to tour operators and ticket vendors in advance as soon as possible and no less than three months before a change is implemented. Emergency situations shall be documented and documentation shall be made available to the competent authorities upon request. 5. Railway undertakings shall ensure that access to the APIs is provided in a non-discriminatory way, at the same level of availability and performance, including support, access to all documentation, standards, protocols and formats. Tour operators and ticket vendors shall not be disadvantaged as compared to the railway undertakings themselves. 6. APIs shall be established in accordance with Commission Delegated Regulation (EU) 2017/1926 (16) . [Am. 70]

CHAPTER III

LIABILITY OF RAILWAY UNDERTAKINGS FOR PASSENGERS AND THEIR LUGGAGE

Article 11 Liability for passengers and luggage Subject to the provisions of this Chapter, and without prejudice to applicable national law granting passengers further compensation for damages, 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 12 Insurance and coverage of liability in the event of passenger death or personal injury A railway undertaking shall be adequately insured, in accordance with Article 22 of Directive 2012/34/EU and on the basis of an assessment of its risks, or make equivalent arrangements for cover of its liabilities under this Regulation.

Article 13 Advance payments 1. If a passenger is killed or injured, the railway undertaking as referred to in Article 26(5) of Annex I 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.

Article 14 Contestation of liability Even if the railway undertaking contests its responsibility for physical injury to a passenger whom it conveys, it shall make every reasonable effort to assist a passenger claiming compensation for damage from third parties.

CHAPTER IV

DELAYS, MISSED CONNECTIONS AND CANCELLATIONS

Article 15 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 16 Reimbursement and re-routing 1. Where it is reasonably to be expected, either at departure or in the event of a missed connection in the course of a journey with a through-ticket, that arrival at the final destination under the transport contract will be subject to a delay of more than 60 minutes or cancelled , the passenger shall immediately have the choice between one of the following: [Am. 71] (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 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 17; (b) continuation or re-routing, under comparable transport conditions and at no additional costs , to the final destination at the earliest opportunity, including in the event of missed connection due to delay or cancellation of the passengers’ earlier leg in the course of a journey. In such case, the passenger shall be allowed on the next service available to the final destination even if there is no specific reservation or the next train is operated by another railway undertaking ; [Am. 72] (c) continuation or re-routing, under comparable transport conditions, to the final destination at a later date at the passenger’s convenience but no later than one month after the re-establishment of service . [Am. 73] 2. For the purposes of point (b) of paragraph 1, comparable re-routing may be operated by any railway undertaking and may involve the use of transport of a higher class and alternative modes of land transport without generating additional costs to the passenger. Railway undertakings shall make reasonable efforts to avoid additional connections. The total travel time when using an alternative mode of transport for the part of the journey not completed as planned shall be comparable to the scheduled travel time of the original journey. Passengers shall not be downgraded to transport facilities of a lower class unless such facilities are the only re-routing means available. [Am. 74] 3. Re-routing transport service providers shall pay particular attention to providing provide to persons with disabilities and persons with reduced mobility with a comparable level of assistance and of accessibility to the when offering an alternative service. This alternative service may be common to all passengers or it may, upon decision of the carrier, be an individual means of transport adapted to the specific needs of certain persons with disabilities or with reduced mobility. [Am. 75]

Article 17 Compensation of the ticket price 1. Without losing Whilst keeping the right of transport, a passenger may request compensation for delays from the railway undertaking if he or she is facing a delay between the places of departure and destination stated in the transport contract on the ticket or tickets representing a single or several transport contracts for which the cost of the ticket has not been reimbursed in accordance with Article 16. The minimum compensations for delays shall be as follows: (a) 25 % 50 % of the ticket price for a delay of 60 to 90 minutes; (b) 50 % 75 % of the ticket price for a delay of 91 minutes to 120 minutes or more; (ba) 100 % of the ticket price for a delay of 121 minutes or more. [Am. 76] 2. Paragraph 1 also applies to passengers who hold a travel pass or season ticket. If they encounter recurrent delays or cancellations during the period of validity of the travel pass, reduction card or season ticket, they may request adequate compensation in accordance with the arrangements set out in points (a), (b) and (ba) of paragraph 1. railway undertaking’s compensation arrangements. These arrangements shall state the criteria for determining delay and for the calculation of the compensation. Where delays of less than 60 minutes occur repeatedly during the period of validity of the travel pass or season ticket, the delays shall be counted cumulatively and passengers shall be compensated in accordance with the railway undertaking’s compensation arrangements. [Am. 77] 3. Compensation for cancellation or delay shall be calculated in relation to the full price which the passenger actually paid for the cancelled or delayed service. Where the transport contract is for a return journey, compensation for cancellation or delay on either the outward or the return leg shall be calculated in relation to half of the price paid for the ticket. In the same way the price for a cancelled or delayed service under any other form of transport contract allowing travelling several subsequent legs shall be calculated in proportion to the full price. [Am. 78] 4. 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 territories of the Union. 5. The compensation of the ticket price shall be paid within one month after the submission of the request for compensation. The compensation may be paid in vouchers and/or other services 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. 6. 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 5 per ticket. [Am. 79] 7. Passengers shall not have any right to compensation if he is they are informed of a delay before he buys buying a ticket, or if a delay due to continuation on a different service or re-routing remains below 60 minutes. [Am. 80] 8. A railway undertaking shall not be obliged to pay compensation if it can prove that the delay was caused by severe weather conditions or major natural disasters endangering the safe operation of the service and could not have been foreseen or prevented even if all reasonable measures had been taken. [Am. 81]

Article 18 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, ticket vendors or by the station manager , in accordance with Article 9 , as soon as such information is available. [Am. 83] 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 they are available on the train or in the station, or can reasonably be supplied taking into account criteria such as the distance from the supplier, the time required for delivery and the cost; (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 , the access requirements of persons with disabilities and persons with reduced mobility and the needs of certified service animals being taken into account ; [Am. 84] (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 railway service cannot be continued anymore, railway undertakings shall organise as soon as possible alternative transport services for passengers. 4. With regard to the affected passengers, railway undertakings shall offer to , at the request of the passenger, certify on their tickets or by any other means that the rail service has suffered a delay, led to a missed connection or that it has been cancelled, as the case might be. This certification shall apply in connection with the provisions laid down in Article 17, subject to the proof by the passenger holding a travel pass or season ticket that he or she was travelling on the affected service . [Am. 85] 5. In applying paragraphs 1, 2, 3 and 4, the operating railway undertaking shall pay particular attention to the needs of persons with disabilities, and persons with reduced mobility, and any accompanying persons and certified service animals . [Am. 86] 6. In addition to the obligations on railway undertakings pursuant to Article 13a(3) of Directive 2012/34/EU, the station manager of a railway station handling at least 10 000 passengers per day on average over a year shall ensure that the operations of the station, the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station. The plan shall ensure that stranded passengers are provided with adequate assistance and information, including in accessible formats in accordance with the accessibility requirements laid down in Directive XXX. Upon request, the station manager shall make the plan, and any amendments to it, available to the national enforcement body or to any other body designated by a Member State. Station managers of railway stations handling fewer than 10 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations , Member States, railway undertakings, station managers and infrastructure managers shall cooperate to ensure that contingency plans referred to in Article 13a(3) of Directive 2012/34/EU include requirements for the accessibility of alert and information systems . [Am. 87]

Article 19 Right of redress Where a railway undertaking pays compensation or meets its other obligations in accordance with this Regulation, no provision of this Regulation or national law may be interpreted as restricting its right to seek compensation for costs from any person, including third parties, in accordance with the law applicable. In particular, this Regulation shall in no way restrict the railway undertaking's right to seek reimbursement from a third party, with whom it has a contract and which contributed to the event which triggered compensation or other obligations. No provision of this Regulation may be interpreted as restricting the right of a third party, other than a passenger, with whom a railway undertaking has a contract, to seek reimbursement or compensation from the railway undertaking in accordance with applicable relevant laws. [Am. 88]

CHAPTER V

PERSONS WITH DISABILITIES AND PERSONS WITH REDUCED MOBILITY

Article 20 Right to transport 1. Railway undertakings and station managers shall, with the active involvement of representative organisations of persons with disabilities and persons with reduced mobility, establish, or shall have in place, non-discriminatory access rules for the transport of persons with disabilities and persons with reduced mobility including their personal assistants. The rules shall allow the passenger to be accompanied by an assistance dog a certified service animal or an accompanying person free of charge if independent mobility is not possible, in accordance with any relevant national rules, and shall ensure that rail transport for persons with disabilities and persons with reduced mobility is immediate wherever possible. [Am. 89] 2. Reservations and tickets shall be offered to persons with disabilities and persons with reduced mobility at no additional cost. A railway undertaking, ticket vendor or tour operator may not refuse to accept a reservation from, or issue a ticket to, a person with disabilities or a person with reduced mobility, or require that such person be accompanied by another person, unless this is strictly necessary in order to comply with the access rules referred to in paragraph 1.

Article 20a Railway undertakings and station managers shall, when complying with the TSI for persons with reduced mobility, also ensure that the station, platforms, rolling stock and other facilities are accessible to persons with disabilities and persons with reduced mobility. [Am. 90]

Article 21 Information to persons with disabilities and persons with reduced mobility 1. Upon request, a station manager, a railway undertaking, a ticket vendor or a tour operator shall provide persons with disabilities and persons with reduced mobility with information, including in accessible formats in accordance with the accessibility requirements laid down in Regulation (EU) No 454/2011 and Directive XXX and Regulation (EU) No 1300/2014 , on the accessibility of the station and associated facilities, rail services and on the access conditions of rolling stock in accordance with the access rules referred to in Article 20(1) and shall inform persons with disabilities and persons with reduced mobility about facilities on board. [Am. 91] 2. When a railway undertaking, ticket vendor or tour operator exercises the derogation provided for in Article 20(2), it shall upon request inform in writing the person with disabilities or person with reduced mobility concerned of its reasons for doing so within five working days of the refusal to make the reservation or to issue the ticket or the imposition of the condition of being accompanied. The railway undertaking, ticket vendor or tour operator shall make reasonable efforts to shall propose an alternative transport option to the person in question taking into account his or her accessibility needs. [Am. 92]

Article 22 Assistance at railway stations 1. On departure from, transit through or arrival at, a staffed railway station of a person with disabilities or a person with reduced mobility, the station manager or the railway undertaking or both shall provide assistance free of charge in such a way that that person is able to board the departing service, or to disembark from the arriving service for which he or she purchased a ticket, without prejudice to the access rules referred to in Article 20(1). The booking of assistance shall always be done without extra cost, irrespective of the communication channel being used. [Am. 93] 2. In the absence of accompanying staff on board a train or staff at a station, railway undertakings and station managers shall make all reasonable efforts to enable disabled persons or persons with reduced mobility to have access to travel by rail in conformity with the accessibility requirements of Directive XXX [European Accessibility Act] and Regulation (EU) No 454/2011. [Am. 94] 3. In unstaffed stations, railway undertakings and station managers shall ensure that easily available information, including in accessible formats in accordance with the accessibility requirements laid down in Directive XXX, and in Regulation (EU) No 1300/2014 is displayed in accordance with the access rules referred to in Article 20(1) regarding the nearest staffed stations and directly available assistance for persons with disabilities and persons with reduced mobility. [Am. 95] 4. Assistance shall be available in stations during all times when rail services operate. [Am. 96]

Article 23 Assistance on board 1. Without prejudice to the access rules as referred to in Article 20(1), railway undertakings shall provide persons with disabilities and persons with reduced mobility assistance free of charge on board a train and during boarding and disembarking from a train. 2. In the absence of accompanying staff on board a train, railway undertakings shall make reasonable efforts to nevertheless enable persons with disabilities or persons with reduced mobility to have access to travel by rail. [Am. 97] 3. For the purposes of this Article, assistance on board shall consist of all reasonable efforts to offer assistance to A person with disabilities or a person with reduced mobility must be offered assistance in order to allow that person to have access to the same services in the train as other passengers, should the extent of the person’s disability or reduced mobility not allow him or her to have access to those services independently and in safety. [Am. 98] 4. Assistance shall be available on board trains during all times when rail services operate. [Am. 99]

Article 24 Conditions under which assistance is provided Railway undertakings, station managers, ticket vendors and tour operators shall cooperate in order to provide assistance free of charge to persons with disabilities and persons with reduced mobility in line with Articles 20 and 21 in accordance with the following points: [Am. 100] (a) assistance in stations shall be provided during times rail services operate on condition that the railway undertaking, the station manager, the ticket vendor or the tour operator with which the ticket was purchased is notified of the person’s need for such assistance at least 48 hours at least 12 hours before the assistance is needed. In stations where daily traffic exceeds 10 000 passengers per day, no pre-notification is needed, however, the person in need of assistance shall be at the respective station at least 30 minutes before the departure of the train. In stations where daily traffic is between 2 000 and 10 000 passengers per day, the notification shall be reduced to maximum three hours. Where a ticket or season ticket permits multiple journeys, one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided. Such notifications shall be forwarded to all other railway undertakings and station managers involved in the person’s journey; [Am. 101] (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 disabilities or 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 or any other authorised person shall designate points, within and outside the railway station, at which persons with disabilities and persons with reduced mobility can make known their arrival at the railway station and, if need be, request assistance; (e) assistance shall be provided on condition that the person with disabilities or person with reduced mobility presents him or herself themselves at the designated point at a time stipulated by the railway undertaking or station manager providing such assistance. Any time stipulated shall not be more than 60 minutes before the published departure time or the time at which all passengers are asked to check in. If no time is stipulated by which the person with disabilities or person with reduced mobility is required to present him or herself, the person shall present him or herself at the designated point at least 30 minutes before the published departure time or the time at which all passengers are asked to check in. [Am. 102]

Article 25 Compensation in respect of mobility equipment, other specific equipment or assistive devices 1. Where railway undertakings and station managers cause loss of, or damage to, wheelchairs, other mobility equipment or assistive devices and assistant dogs certified service animals used by persons with disabilities and persons with reduced mobility, they shall be liable for and compensate that loss or damage as soon as possible . [Am. 103] 2. The compensation referred to in paragraph 1 shall be paid in a timely manner and shall be equal to the full cost of replacement or based on the actual value, or on the full costs of repair of the wheelchair, equipment or devices lost or damaged , or the loss or injury of the certified service animal. The compensation shall also cover the costs of temporary replacement in case of repair, where such costs are borne by the passenger. [Am. 104] 3. Where necessary, railway undertakings and station managers shall make every reasonable effort rapidly to provide temporary replacements for specific equipment or assistive devices, which shall, where possible, have technical and functional features equivalent to those lost or damaged. The person with disabilities or reduced mobility shall be permitted to keep the temporary replacement equipment or device until the compensation referred to in paragraphs 1 and 2 has been paid.

Article 26 Staff training Railway undertakings and station managers shall: (a) ensure that all personnel staff , including those employed by any other performing party, providing direct assistance to persons with disabilities and persons with reduced mobility, receive disability-related training in order to know how to meet the needs of persons with disabilities and of persons with reduced mobility, including those with mental and intellectual impairments; [Am. 105] (b) provide training to raise awareness of the needs of persons with disabilities among all personnel working at the station who deal directly with the travelling public; (c) ensure that, upon recruitment, all new employees staff who will deal directly with the travelling public receive an introduction to disability-related issues for passengers and the railway undertaking, and that employees who provide direct assistance to passengers with reduced mobility receive disability-related training and that personnel attend regular refresher training courses; [Am. 106] (d) accept upon request may accept the participation, in the training, of employees with disabilities, and consider the participation of passengers with disabilities and with reduced mobility, and/or organisations representing them . [Am. 107]

CHAPTER VI

SECURITY, COMPLAINTS AND QUALITY OF SERVICE

Article 27 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 28 Complaints 1. All railway undertakings, ticket vendors, station managers and infrastructure managers of stations handling more than 10 000 passengers per day on average over a year shall each shall set up a complaint-handling mechanism for the rights and obligations covered in this Regulation in their respective field of responsibility. They shall make their contact details and working language(s) widely known to passengers. Passengers should be able to file complaints in the official language(s) of the Member State in which the respective railway undertaking, ticket vendor and station manager are established and in any event in English. [Am. 108] 2. Passengers may submit a complaint to any railway undertaking, ticket vendor, railway station or infrastructure manager or station manager involved. Complaints shall be submitted within six months of the incident that is the subject of the complaint. Within one month of receiving the complaint, the addressee shall either give a reasoned reply or, in justified cases, inform the passenger by what date that the passenger will get a reply within a period of less than three months from the date of receipt of the complaint a reply can be expected. Railway undertakings, ticket vendors, station managers and infrastructure managers shall keep the incident data necessary to assess the complaint for two years and make them available to national enforcement bodies upon request. [Am. 109] 3. Details of the complaint handling procedure shall be easily available to passengers and accessible to persons with disabilities and persons with reduced mobility. This information shall be available upon request in the official language(s) of the Member State in which the railway undertaking is established. [Am. 110] 4. The railway undertaking shall publish in the annual report referred to in Article 29 the number and categories of received complaints, processed complaints, response time and possible improvement actions undertaken. 4a. The Commission shall adopt implementing acts setting out a standardised Union complaint form for passengers to use in order to apply for compensation in accordance with this Regulation. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37a(2). [Am. 111]

Article 29 Service quality standards 1. Railway undertakings and station managers shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex III. 2. Railway undertakings and station managers shall monitor their own performance as reflected in the service quality standards. Railway undertakings shall each year publish a report on their service quality performance together with their annual report. Railway undertakings shall publish the reports on service quality performance on their website. In addition, these reports shall be made available on the website of the European Union Agency for Railways. 2a. Railway undertakings and station managers actively cooperate with organisations representing persons with disabilities to improve the quality of accessibility of transport services. [Am. 112]

CHAPTER VII

INFORMATION AND ENFORCEMENT

Article 30 Information to passengers about their rights 1. When selling tickets for journeys by rail, railway undertakings, station managers, ticket vendors and tour operators shall inform passengers of their rights and obligations under this Regulation. In order to comply with this information requirement, they may use a summary of the provisions of this Regulation prepared by the Commission in all official languages of the Union and made available to them. In addition, they shall provide a notice on the ticket information , in either paper or electronic format or by any other means, including in accessible formats for persons with disabilities and persons with reduced mobility in accordance with the requirements laid down in Directive XXX. That notice shall specify Regulation (EU) No 1300/2014 that specifies where such information can be obtained in the event of cancellation, missed connection or long delay. [Am. 113] 2. Railway undertakings and station managers shall inform passengers in an appropriate manner, including in accessible formats in accordance with the accessibility requirements laid down in Directive XXX Regulation (EU) No 1300/2014 , at the station and, on the train and on their website , of their rights and obligations under this Regulation, and of the contact details of the body or bodies designated by Member States pursuant to Article 31. [Am. 114]

Article 31 Designation of national enforcement bodies 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 Article and of its or their respective responsibilities and shall publish them in a suitable place on their website . [Am. 115]

Article 32 Enforcement tasks 1. The national enforcement bodies shall closely monitor compliance with this Regulation and take the measures necessary to ensure that the rights of passengers are upheld. For this purpose, railway undertakings, station managers and infrastructure managers shall provide the bodies with relevant documents and information at their request without delay and in any event within one month . In carrying out their functions, the bodies shall take account of the information submitted to them by the body designated under Article 33 to handle complaints, if this is a different body. They may also decide on Member States shall ensure that national enforcement actions based on and complaint handling bodies shall be given sufficient powers and resources for the adequate and effective enforcement of individual complaints transmitted by such a body from passengers under this Regulation . [Am. 116] 2. The national enforcement bodies shall each year publish reports with statistics on their activity websites detailing the number and type of complaints that they have received, detailing the outcome of their enforcement actions , including on the sanctions that they have applied., every year, at the latest at the end This shall be done for each year by no later than the first day of April of the following calendar succeeding year. In addition, these reports shall be made available on the website of the European Union Agency for Railways. [Am. 117] 3. Railway undertakings shall give their contact details to the national enforcement body or bodies of the Member States in which they operate. 3a. The national enforcement bodies, in collaboration with representative organisations of persons with disabilities and persons with reduced mobility, shall conduct regular audits of the assistance services provided in accordance with this Regulation and publish the results in accessible and commonly used formats. [Am. 118]

Article 33 Complaint-handling by national enforcement bodies 1. Without prejudice to the rights of consumers to seek alternative redress pursuant to Directive 2013/11/EU, after having complained unsuccessfully to the railway undertaking, ticket vendor, station or infrastructure manager pursuant to Article 28, the passenger may complain to an enforcement body. Enforcement bodies shall inform complainants about their right to complain to alternative dispute resolution bodies to seek individual redress. Member States shall ensure that enforcement or complaint-handling bodies are recognised for the purposes of alternative redress schemes pursuant to Directive 2013/11/EU, and that where passengers seek alternative redress, the railway undertaking, ticket vendor, station or infrastructure manager concerned is required to participate and the outcome shall be binding on, and effectively enforceable against, them. [Am. 119] 2. Any passenger may complain to the national enforcement body, or any other body designated by a Member State for that purpose, about an alleged infringement of this Regulation. Complaints may also be made by organisations representing groups of passengers . [Am. 120] 3. The body shall acknowledge receipt of the complaint within two weeks of receiving it. The complaint-handling procedure shall take a maximum of three months. For complex cases, the body may, at its discretion, extend this period to six months. In such a case, it shall inform the passenger or organisation representing passengers of the reasons for the extension and of the expected time needed to conclude the procedure. Only cases that involve legal proceedings may take longer than six months. Where the body is also an alternative dispute resolution body within the meaning of Directive 2013/11/EU, the time limits laid down in that Directive shall prevail and the use of online dispute resolution in accordance with Regulation (EU) No 524/2013 may be made available with the agreement of all parties involved . [Am. 121] The complaint-handling procedure shall be made accessible to persons with disabilities and to persons with reduced mobility. 4. Passenger complaints about an incident involving a railway undertaking shall be handled by the national enforcement body of the Member State that granted that undertaking’s licence. 5. Where a complaint relates to alleged violations by station or infrastructure managers, the national enforcement body shall be that of the Member State on whose territory the incident occurred. 6. In the framework of cooperation pursuant to Article 34 national enforcement bodies may derogate from paragraphs 4 or 5 where for justified reasons, in particular language or residence, this is in the passenger’s interest.

Article 33a Independent conciliation bodies The Member States shall install well-equipped independent conciliation bodies that will be easily accessible and affordable for passengers in case of conflicts with railway undertakings and ticket vendors on the enforcement of their rights. [Am. 122]

Article 34 Exchange of information and cross-border cooperation between national enforcement bodies 1. Where different bodies are designated under Articles 31 and 33, reporting mechanisms shall be set up to ensure the exchange of information between them, in accordance with Regulation (EU) 2016/679, in order to help the national enforcement body to carry out its tasks of supervision and enforcement, and so that the complaint-handling body designated under Article 33 can collect the information necessary to examine individual complaints. 2. National enforcement bodies shall exchange information on their work and decision-making principles and practice for the purpose of coordination. The Commission shall support them in this task. 3. The national enforcement bodies shall follow the procedure set out in Annex IV.

CHAPTER VIII

FINAL PROVISIONS

Article 35 Penalties 1. Member States shall lay down the rules on penalties applicable to infringements 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 , and shall include, but not be limited to, a minimum fine or a percentage of the relevant undertaking or organisation’s annual turnover, whichever is the higher . Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them. [Am. 123] 2. In the framework of cooperation referred to in Article 34 the national enforcement body which is competent for the purposes of Article 33(4) or (5) shall, upon request of the national enforcement body handling the complaint, investigate the infringement of this Regulation identified by that body and, if necessary, impose sanctions.

Article 36 Delegation of powers The Commission is empowered to adopt delegated acts in accordance with Article 37 in order to: (i) adjust the financial amounts referred to in Article 13 in light of inflation; (ii) amend Annexes I, II and III in order to take account of amendments to the CIV Uniform Rules and technological developments in this area.

Article 37 Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 36 shall be conferred on the Commission for a period of five years from … [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 36 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following its publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 36 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 37a Committee procedure 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. [Am. 124]

Article 38 Report The Commission shall report to the European Parliament and the Council on the implementation and the results of this Regulation by … [five years after the adoption of this Regulation]. The report shall be based on information to be provided pursuant to this Regulation. The report shall be accompanied where necessary by appropriate proposals.

Article 39 Repeal Regulation (EC) No 1371/2007 is repealed. References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex V.

Article 40 Entry into force This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at …, For the European Parliament The President For the Council The President

(1) OJ C 197, 8.6.2018, p. 66.

(2) Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14).

(3) Commission Regulation (EU) No 454/2011 of 5 May 2011 on the technical specification for interoperability relating to the subsystem ‘telematics applications for passenger services’ of the trans-European rail system (OJ L 123, 12.5.2011, p. 11).

(4) Commission Regulation (EU) No 1300/2014 of 18 November 2014 on the technical specifications for interoperability relating to accessibility of the Union's rail system for persons with disabilities and persons with reduced mobility (OJ L 356, 12.12.2014, p. 110).

(5) Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).

(6) Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 63).

(7) Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 1).

(8) Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1).

(9) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

(10) OJ L 123, 12.5.2016, p. 1.

(11) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

(12) Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (OJ L 343, 14.12.2012, p. 32).

(13) Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC (OJ L 326, 11.12.2015, p. 1).

(14) Directive XXX on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services (European Accessibility Act) (OJ L X, X.X.XXXX, p. X).

(15) Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) No 1191/69 and (EEC) No 1107/70 (OJ L 315, 3.12.2007, p. 1).

(16) Commission Delegated Regulation (EU) 2017/1926 of 31 May 2017 supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to the provision of EU-wide multimodal travel information services (OJ L 272, 21.10.2017, p. 1).