WRITTEN QUESTION E-2802/00

by Jeffrey Titford (EDD) to the Commission

(4 September 2000)

Subject: Health and safety on rail transport (France)

I am trying to assist constituents who travelled from Paris to Florence on 21/22 July 2000, during the strike on the French railways. These were the problems suffered by them on the outward journey:

1. The lights were not working in the coach until midnight.

2. The beds were stuck and they could not use them, spending the entire night sitting up.

3. No sheets, towels or blankets were provided.

4. There was a strong smell of urine in the cabin and in the toilets.

5. No heating in the cabin.

6. No restaurant car.

7. No security apparently no rail official on the train other than the driver.

On the return journey the couple had similar problems, but including:

1. No toilet paper in the toilets and no water to wash hands in the toilets.

2. No provisions of drinks or food for over 13 hours.

My constituents conclude their letter to me by saying: We feel that the health and safety of all the passengers on both journeys were put at risk.

Would the European Commission please inform me whether the European Union has any laws or regulations covering the health and safety of rail passengers, and if so, whether they would apply in this particular case?

My constituents point out that such intolerable circumstances would have not been allowed on a British train.

Answer given by Mrs de Palacio on behalf of the Commission

(16 October 2000)

The Commission fully agrees that the circumstances that the constituents of the Honourable Member met are intolerable and can assure the Honourable Member that the Commission shares their feelings in this respect. The contractual relationship between the railways and their passengers is not covered by a specific Community legal instrument. Detailed requirements on the health and safety of passengers, as well as the quality of service, are subject to national law and internal railway rules.

Since the Honourable Member's constituents seem to have travelled in an international train (Paris-Florence), it is worth mentioning that there is a convention concerning international carriage by rail (COTIF) in force regulating the international carriage of passengers and luggage by rail. All Member States, including France and Italy, are among the 40 signatories of the convention. The railways' liability for suffering or injuries is primarily limited to the consequences of accidents. In addition the convention regulates for example the obligation of partial or whole refunding when a ticket, owing to the shortage of seats, has been used in a class or on a train of a lower fare category than shown on the ticket (Article 25).

The Commission has actively promoted a revitalisation of the European railways, including a more business-like performance and better services to customers. Its last initiative, better known as the Infrastructure package(1) is currently subject to a conciliation procedure

between the Parliament and the Council. Once these legislative acts are adopted the Commission will prepare further proposals to improve the railways' competitiveness on the transport market. In connection with this initiative the Commission recognises that it may be necessary to improve the rights of the passengers. After careful study of the present legal situation, appropriate proposals could be made in this respect.

(1) COM(1999) 616 final.