Proposal for a Regulation of the European Parliament and of the Council on International Rail Passengers' Rights and Obligations
Date: 2004-03-03
Institutions: European Commission
Subjects: common transport policy, consumer protection, international transport, provision of services, rail transport, traveller

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 3.3.2004 
COM(2004) 143 final 

2004/0049 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on International Rail Passengers’ Rights and Obligations  

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

This proposal includes a set of rules for reinforcing and improving the rights and obligations 
of  passengers  in  international  rail  transport.  It  follows  from  the  White  Paper  ‘European 
transport policy for 2010: time to decide’1, in which the Commission clearly announced that 
users  of  the  transport  system  need  to  be  put  back  at  the  heart  of  the  transport  policy, 
regardless the mode of transport. The need for Community action in this respect was further 
demonstrated  by  the  Commission  in  its  Communication  ‘Towards  an  integrated  European 
railway  area’2  where,  on  the  basis  of  a  study3  carried  out  for  the  Commission  to  assess  the 
actual  and  potential  market  for  international  rail  passenger  services,  many  shortcomings  in 
service levels of international passenger transport by rail were identified. 

The need for a better protection of passengers in international rail transport is also underlined 
by  the  complaints  sent  to  the  Commission  by  European  citizens  concerning  the  inadequate 
quality of service provided by railway undertakings on international rail passenger  services. 
These  inadequacies  relate  to  many  different  areas,  such  as  insufficient  provision  of 
information  on  timetables,  fares,  delays  and  disruption  of  services;  cleanliness  of  trains  or 
inaccessible carriages or platforms for persons with reduced mobility (PRMs).  

Furthermore,  this  proposal  also  attempts  to  address  in  a  generic  way  the  concerns  on  the 
quality  and  quantity  of  international  rail  services,  as  expressed  in  the  written  and  oral 
questions by Members of the European Parliament4. 

The Consumer Policy Strategy 2002-20065 recognised the need for better consumer protection 
for  international  rail  passenger  transport,  notably  as  passenger  transport  by  rail  is  often 
excluded from the scope of EU legislation on consumer protection.  

The Convention concerning International Carriage by Rail (COTIF) of 9 May 1980 currently 
in  force  includes  Uniform  Rules  concerning  the  Contract  for  International  Carriage  of 
Passengers  and  Luggage  by  Rail,  the  CIV  appendix.  These  provisions  have  been  agreed  by 
the States that are members of the Intergovernmental Organisation for International Carriage 
by  Rail  (OTIF).  Currently  41  states  are  members  of  OTIF.  All  the  EU  Member  States  take 
part  on  OTIF  as  well  as  the  accession  countries  with  railways,  the  only  exception  being 
Estonia.  The  OTIF  has  developed  a  uniform  system  of  law  applicable  to  the  carriage  of 
passengers, luggage and freight in international rail traffic. The COTIF has been amended by 
the Vilnius Protocol of 3 June 1999. There is a proposal for an agreement on the European 
Community’s  accession  to  the  COTIF6.  The  accession  of  the  Community  will  be  possible 

1 
2 

3 

4 

5 
6 

the 

internet  site  of 

COM(2001) 370, 12/9/2001. Full text: http://europa.eu.int/comm/energy_transport/en/lb_en.html. 
Communication  from  the  Commission  to  the  Council  and  the  European  Parliament,  COM(2002)18 
final, 23/1/2002. Full text:http://europa.eu.int/comm/transport/rail/newpack/np_en.htm. Please note that 
the text of this consultation document, as well as the links to the EU legal provisions mentioned in this 
document  can  be  found  on 
the  Rail  Transport  and  Interoperability 
Unit:http://europa.eu.int/comm/transport/rail/index/index_en.html. 
Developing EU (International) Rail Passenger Transport: Assessment of the actual and potential market 
for  international  rail  passenger  services’,  by  OGM,  Brussels,  February  2002.  This  report  gives  a 
comprehensive overview of the problems international rail passengers face and have to cope with when 
they travel by train. Full text: http://europa.eu.int/comm/transport/rail/library/ogm-report.pdf . 
A  comprehensive  list  of  these  questions  and  the  answers  provided  by  the  Commission  is  beyond  the 
scope of this consultative paper. An example though can be found in OJ C 172E of 18 July 2002, p. 80: 
http://europa.eu.int/eur-lex/en/oj/2002/ce17220020718en.html. 
COM(2002)208 final, 7.05.2002, see: http://europa.eu.int/comm/consumers/policy/intro/intro_en.html 
COM(2003) 696 final, 17.11.2003 

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once the Vilnius Protocol has entered into force. The Protocol will enter into force following 
ratification by at least two thirds of the signatories to the Convention, presumably in 2005. 

The obligation to carry has been abolished in the new COTIF. The single contract could be 
seen  as  the  holder  of  the  passenger  rights.  To  a  certain  extent  this  will  be  based  on  the 
voluntary  co-operation  between  the  railway  undertakings.  When  assessing  the  rights 
emanating  from  COTIF  the  revised  version  has  been  studied.  The  current  proposal  on  a 
regulation entails to a large part passenger rights not covered by the COTIF. This is the case 
for  information  to  be  provided  to  the  passenger,  availability  of  tickets,  compensation  for 
consequential  damages,  rights  for  persons  with  reduced  mobility,  security  measures  and 
complaint handling. When it comes to liability in case of death or injury of a passenger the 
proposal goes further than the COTIF with the aim to align the rail transport with the aviation 
sector. The proposal also goes further in respect of liability and compensation for  delays as 
well as cancellation of services. Whereas the CIV in this regard provides for accommodation 
and  compensation  for  notifying  persons  the  regulation  will  also  give  the  passenger  right  to 
compensation.  The  proposal  creates  an  obligation  for  railway  undertakings  to  co-operate  in 
order to ensure that integrated tickets as well as information on services are provided.  

In order to achieve enforceable and equivalent passenger rights for international rail transport 
a regulation has been deemed the most appropriate way. 

Improvement  of  passengers’  rights  will  be  essential  to  promote  rail  transport  and  thus  to 
contribute  to  the  achievement  of  one  of  the  main  aims  of  the  Common  Transport  Policy: 
consolidation  and,  if  possible,  strengthening  of  the  modal  share  of  rail  transport  (6,2%7)  at 
1998  levels  in  2010.  This  aim  implies  that  passenger  transport  by  rail  has  to  increase 
considerably  in  absolute  terms:  from  287  bln.  passenger  kilometres  (pkm)  in  1998  towards 
327 bln. pkm as predicted by the anticipated trend and even to 400 bln. pkm in an optimistic 
scenario  for  rail  transport.  The  latter  means  an  increase  of  almost  40%  of  rail  passenger 
transport,  even  though  its  modal  share  will  only  represent  a  modest  6,7%.  The  study 
mentioned above estimated that international rail transport represents approximately 10% to 
15% of the turnover of railway undertakings. This study also mentioned the huge potential of 
international passenger transport by rail since the number of foreign trips is expected to grow 
substantially  as  a  result  of  the  changing  demographic  structure  of  the  European  population: 
older people are more likely to travel by train as this is more comfortable and convenient than 
travel by car, coach or air. 

Consultation 

In  October  2002,  the  Commission’s  services  published  a  Consultation  Document8,  which 
contained  an  overview  of  the  main  problems  and  the  issues  to  be  addressed  at  Community 
level.  The  issues  identified  in  this  document  were  related  to  the  general  provisions  and 
conditions  of  transport  concerning  international  rail  passenger  journeys;  passengers’  rights 
before, during and after the journey as well as the obligations passengers have to comply with 

7 

Energy 

EU 
http://europa.eu.int/comm/energy_transport/etif/lists/transport.html#top 
Consultation Document on International Rail Passengers’ Rights and Obligations,  

8 
see:  http://europa.eu.int/comm/transport/rail/passenger/initiative_en.htm.  The  reactions  and  replies  on  the 

3.5.2, 

see 

Transport 

figures, 

edition, 

2003 

table 

and 

in 

Consultation Document can be found at this site as well.  

3 

 
 
  
 
                                                 
whilst travelling on an international service. This document was discussed during a hearing9 
organised  in  November  2002,  which  was  attended  by  the  main  stakeholders,  such  as  the 
railway  undertakings,  infrastructure  managers,  passenger  and  consumer  organisations  and 
representatives of the Member States. The stakeholders replied to the questions raised in the 
Consultation  Document,  which  have  been  taken  into  account  in  the  elaboration  of  this 
proposal. 

Consumer organisations, representatives of European passengers’ organisations as well as the 
majority  of  the  Member  States  expressed  their  support  for  a  regulatory  approach  at 
Community level, whereas the railway undertakings and, to a lesser extent, the infrastructure 
managers  rejected  this  legal  approach.  The  railway  undertakings,  represented  by  the 
Community  of  European  Railways  (CER)  referred  to  the  activities  it  had  undertaken  to 
develop a passenger Charter to improve passengers’ rights on a voluntary basis. 

The  Commission  welcomed  the  efforts  undertaken  by  the  CER  to  come  to  a  substantial 
improvement  of  the  quality  of  railway  services,  both  national  and  international,  and  fully 
acknowledges  that  the  potential  scope  of  the  passenger  Charter  is  wider  than  a  Community 
approach, which will be restricted to international passenger journeys. However, issues raised 
in  the  Consultation  Document,  as  the  liability  of  the  railway  undertaking,  compensation  in 
cases of delays and cancellations of services or access to computer reservation systems would 
need to be addressed in a regulatory approach rather than in a voluntary agreement between 
railway undertakings in order to ensure enforceable rights to passengers.  

A study has been carried out mainly on the subject of compensation for delays10. The study 
was presented to the stakeholders in June 2003, and clearly showed that the introduction of 
compensation schemes would only slightly raise costs for the railway undertakings: a rough 
estimate  is  that  it  represents  less  than  1%  of  the  turnover  of  the  railway  undertakings  for 
international transport. The benefits of the introduction of compensation schemes are difficult 
to quantify, due to a persistent lack of reliable data as well as the problems associated with the 
quantification of the effects of a quality improvement. The costs associated with delays and 
cancellations are likely to equal or even exceed the costs of the introduction of compensation 
schemes since the costs for additional staff, overtime and rolling stock should be considered 
as  well.  The  introduction  of  a  compensation  scheme  should  therefore  be  an  additional 
incentive for railway undertakings to improve their quality standards.  

Legal Base 

The legal base for the proposal is set out explicitly in Article 71 of the EC Treaty, to which 
applies the co-decision procedure.  

Objectives and Scope 

This  proposal  aims  at  establishing  rights  and  obligations  for  international  rail  passengers  in 
order to improve the effectiveness and attractiveness of international rail passenger transport. 
The  proposal  will  lay  down  provisions  on  the  minimum  requirements  for  information  to  be 
provided to passengers before, during and after their journey; contract conditions; the liability 
of  railway  undertakings  in  cases  of  accidents,  delays  or  cancellations  of  services;  the 

9 

10 

Report  of  the  hearing  of  15  November  2002,  available  in  English,  French  and  German,  see: 
http://europa.eu.int/comm/transport/rail/passenger/initiative_en.htm.  A  first,  explorative  hearing  was 
organised in October 2001. The report of that hearing can be found on the same internetpage. 
The Landwell report; Etude sur les systemes de penalites dans le domaine ferroviaire, 14 February 2003  

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conditions  under  which  persons  with  reduced  mobility  shall  be  assisted  and,  finally,  the 
conditions  under  which  railway  undertakings  shall  co-operate  to  achieve  the  aims  of  the 
Regulation.  

Furthermore, this proposal aims at defining the obligations passengers have to comply with, 
such as the obligation to purchase a ticket and to avoid any behaviour likely to inconvenience 
train staff or other passengers. 

Specific provisions 

Article 1 

Chapter 1 General Provisions 

This Article sets out the subject matter and scope of the Regulation  

Article 2 

This Article gives the definitions  

Chapter 2 Information and tickets 

Article 3 

This  Article  establishes  the  right  for  the  passenger  to  obtain  information.  According  to  the 
annex  the  information  is  divided  into  information  pre-trip,  during  the  journey  and  after  the 
journey.  The  Article  deals  with  the  content  as  well  as  the  format  to  be  used  for  the 
presentation of the information. 

Article 4 

Article 4 (1) deals with the transport contract as well as its evidential value. In Article 4 (2) 
the issuing of tickets is dealt with as well as the information the ticket should contain. Article 
4 (3) creates a right for the passenger to transfer a ticket made out in his name. Article 4 (4) is 
to safeguard the evolution of tickets, for instance electronic tickets. 

Article 5 

This  Article  corresponds  to  Article  3  of  Regulation  2299/89  on  a  code  of  conduct  for 
computerised  reservation  systems.  It  is  of  great  importance  that  access  to  these  systems  is 
safeguarded in order to assure a non-discriminatory access and customer interests. 

Article 6 

This  Article  establishes  the  right  for  a  passenger  to  buy  integrated  “through-tickets”  for  the 
international journey. This right is only ensured if the railway undertakings are obliged to co-
operate. The co-operation is a means for the railway undertakings to simplify the international 
rail transport. Article 6 (3) deals with distribution channels for international rail tickets. This 
Article also determines the conditions under which a passenger can purchase a ticket on the 
train. 

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Chapter 3 Liability of the railway undertaking 

Article 7 

This  Article  deals  with  liability  in  case  of  death  or  injury  of  a  passenger.  The  railway 
undertaking is liable if the accident took place when the passenger was on the train or while 
boarding  or  leaving.  The  Railway  undertaking  is  in  this  respect  also  responsible  for  the 
infrastructure manager.  

Article 7 (2) lays down an obligation to have an insurance of a certain amount. Corresponding 
rules are found in aviation field, in Article 3 (2) of Regulation 889/2002. 11 

Article 8 

This  Article  deals  with  liability  in  respect  of  hand  luggage  both  in  the  case  when  the 
passenger  is  injured  due  to  the  accident  and  when  he  is  not.  In  the  first  case  the  railway 
undertaking is liable in the latter only if at fault.  

Article 9 

This Article deals with liability for luggage. The railway undertaking is liable if the damage 
took place when the luggage was under its responsibility. 

Article 10 

This  Article  introduces  a  right  for  a  passenger  to  be  compensated  for  delay.  The  railway 
undertaking  is  liable  for  delay,  including  a  delay  leading  to  a  missed  connection,  or 
cancellation unless it is the result of exceptional circumstances.  

Article 11 

This Article gives the passenger a right to be compensated for consequential damages due to 
the delay, the missed connection or cancellation of services.  

Chapter 4 Damages and compensation  

Article 12 

This Article brings the railway in line with the aviation sector in the respect that it introduces 
a strict liability without financial limits in case of death or injury to a passenger.  

Up  to  an  amount  of  220  000  EUR,  which  is  an  approximate  to  175  000  Special  Drawing 
Rights (SDR), the railway undertaking can not contest the claim except when caused by the 
passenger himself. Above this amount he can contest but has the burden of proof that he was 
not at fault. The  liability  for passenger  death and injury in CIV is also strict, e.g. a liability 
without  fault,  but  it  can  under  certain  circumstances  be  contested.  The  liability  introduced 
here is thus stricter. SDR is an international reserve asset created by IMF in 1969. The SDR is 
defined as a basket of currencies, today consisting of the Euro, Japanese yen, pound sterling 
and U.S. dollar. It is used in the aviation as well as in the maritime field, and in the COTIF. 

11 

Regulation 889/2002 of the european Parliament and of the Council of 13 may 2002 amending Council 
regulation 2027/97 on air carrier liability 

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From  a  passenger  point  of  view  it  has  been  deemed  more  appropriate  to  use  the  Euro  as 
currency  in  this  regulation.  However  the  basis  of  the  amounts  given  is  in  SDRs  which 
explains the somewhat odd figures. 

Article 12 (3) creates a right for the descendant. 

Article 13 

This Article gives the passenger right to advance payments to cover immediate needs after the 
occurrence of an accident. It corresponds to what is applied in the aviation field. 

Article 14 

This Article states the amount due if luggage has been damaged or destroyed. The amount for 
hand luggage is equivalent to that of CIV (Article 34), whereas the amount for other luggage 
is equivalent to the aviation sector. (Art 22 (2) Council decision 2001/53912).  

Article 15 

This  Article  lays  down  the  right  of  compensation  for  delays.  The  amounts  are  given  in  the 
annex and are differentiated in relation to service and it’s duration. The Article further sets the 
time limit within which the compensation is to be paid as well as the mode. For amounts not 
exceeding four EUR there is no compensation. 

Article 16 

This  Article  creates  a  right  for  the  passenger  to  be  reimbursed  or  re-routed  when  he  has 
missed  a  connection  due  to  delay  or  there  has  been  a  cancellation  of  services.  The  same  is 
being proposed within the aviation sector for denied boarding and cancellation or long delay 
of flights. 

Article 17 

This Article gives the passenger a right to assistance in case of delay, missed connection or 
cancellation  of  a  service.  The  assistance  includes  meals,  accommodation,  transport  and 
notifying persons. According to the Article a railway undertaking shall,  if requested, certify 
on  the  ticket  that  the  service  has  been  delayed  or  cancelled.  This  makes  it  easier  for  the 
passenger when exercising its rights. 

Article 18 

This  Article  clarifies  that  the  liability  rules  of  the  regulation  shall  apply  even  if  part  of  the 
railway transport is carried out on a ferry, e.g. the railway vehicles are carried on the ferry, 
unless the legal regime applied on the ferry is more favourable to the passenger. 

The Regulation shall apply if the railway transport is temporarily suspended and the railway 
passengers carried by another mode of transport. 

12 

Council Decision of 5 April 2001 on the conclusion by the European community of the Convention for 
the Unification of Certain Rules for International Carriage by Air (the Montreal Convention)  

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Article 19 

This  Article  is  meant  to  clarify  that  when  an  international  journey  is  carried  out  by  several 
successive  railway  undertakings  then  the  passenger  shall  have  the  right  to  chose  whom  to 
send his claim to and the railway undertakings shall be liable according to the principle all for 
one and one for all.  

Article 20 

This  Article  is  to  safeguard  the  right  of  the  passenger  when  the  railway  undertaking  with 
which the passenger has his contract has entrusted the performance of the transport to another 
railway undertaking.  

Article 21 

This  Article  sets  out  for  whom  the  railway  undertaking  is  responsible.  Besides  being 
responsible for his staff and others whose services he makes use of the railway undertaking is 
also to be responsible for the staff of the infrastructure manager. 

Article 22 

This Article states that a claim based on the regulation can only be brought against the railway 
undertaking  under  the  conditions  and  limitations  laid  down  in  the  Regulation.  The  same  is 
valid for a claim brought against a person for whom the railway undertaking is responsible. 

Article 23 

This  Article  deals  with  limitation  on  actions.  Article  23  (1)  corresponds  to  Article  60  CIV 
whereas Article 23 (2) corresponds to what is applied in the aviation field thus expanding the 
time limit one year in relation to CIV. 

Article 24 

Article 24 states the right of recourse. 

Article 25 

Article 25 (1) is to safeguard the passenger a derogation from the obligations of the regulation 
is null and void. Article 25 (2) clarifies that the rules laid down are minimum and that more 
favourable conditions can be offered. 

Article 26 

This  Article  stipulates  the  exception  to  the  liability  rules.  If  the  railway  undertaking  proves 
that the damage was caused by the passenger himself it will not be liable. This is also valid in 
the case death or injury of a passenger.  

Article 27 

This  Article  creates  the  right  for  a  person  with  reduced  mobility  to  get  a  ticket  and  a 
reservation for an international journey. 

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Article 28 

Article 28 gives the person with reduced mobility right to assistance under condition that the 
person has notified the railway undertaking in advance of his needs. The assistance includes 
boarding,  changing  to  a  corresponding  service  as  well  as  disembarking.  This  Article 
introduces the notion station manager which is the person that is to provide the assistance to 
persons with reduced mobility at the railway station.  

Article 29 

This Article points out the person responsible for supplying assistance. It further entails rules 
on charges. 

Article 30 

This  Article  gives  the  person  with  reduced  mobility  the  right  to  request  assistance  from  the 
railway  undertaking  or  tour  operator  on  board  or  when  embarking  or  disembarking;  under 
condition that he has notified his needs in advance.  

Article 31 

Article 31 deals with the reception of notifications as well as the communication between the 
railway undertaking or the tour operator and the managing body at the railway station.  

Article 32 

Chapter 7 Service Quality 

This Article deals with security at railway stations and on board the train. In order to ensure 
passenger security the railway undertakings will need to co-operate.  

Article 33 

This Article aims at ensuring a certain level of service quality. Service quality standards for 
international services shall be defined and the performance is to be monitored by the railway 
undertaking providing the service and made public. 

Article 34 

Article  34  establishes  a  complaint  handling  mechanism  to  the  benefit  of  the  passenger.  It 
states to whom complaints can be submitted, what language can be used, who is to respond 
and within what time limit a response is to be given. It further states that railway undertakings 
are to publish the number of complaints received.  

Article 35 

This Article states to whom a claim regarding liability shall be addressed. 

Article 36  

This  Article  lays  down  the  obligations  to  be  met  by  the  passenger.  These  are  being  in 
possession of a valid ticket and behaving appropriately. 

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Chapter 8 Monitoring and Enforcement 

Article 37 

This Article states that a railway undertaking is to inform the public about services that are to 
be discontinued. 

Article 38 

This Article stipulates an obligation for the Member State to designate a body responsible for 
enforcement of the regulation. 

Article 39 

This Article states that the designated bodies shall co-operate and exchange information. 

Article 40  

Chapter 9 Final Provisions 

This  Article  determines  the  penalties  shall  lay  down  in  case  of  non-compliance  with  the 
provisions of the Regulation.  

Article 41 

Article 41 refers to the modification of the Annexes. 

Article 42 

This Article provides for the amending of provisions on amounts indicated in the Regulation. 

Article 43 

Article 43 determines the committee procedures. 

Article 44 

According  to  this  Article  the  Commission  shall  report  to  the  European  Parliament  and  the 
Council on the implementation and the result of this regulation three years after its entry into 
force. 

Article 45 

This Article sets the date when the regulation will enter into force. 

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2004/0049 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on International Rail Passengers’ Rights and Obligations  

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission13, 

Having regard to the opinion of the European Economic and Social Committee14, 

Having regard to the opinion of the Committee of the Regions15, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty16, 

Whereas: 

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

(2) The  Consumer  Policy  Strategy  2002-200617  sets  the  aim  to  achieve  a  high  level  of 
consumer protection in the field of transport, and to apply consumer protection in the field of 
transport as commanded by Article 153 (2) of the Treaty. 

(3) User’s  rights  for  rail  services  include  the  receipt  of  information  regarding  the  service 
before, during and after the journey.  

(4) The rail passenger is the weaker party to the transport contract, and the passenger’s rights 
in this respect needs to be safeguarded. 

(5) Computerised systems used for selling rail passenger tickets can, if properly used, provide 
an  important  and  useful  service  to  rail  passengers.  It  is  therefore  necessary  to  facilitate  the 
access to such systems on a non-discriminatory basis. 

13 
14 
15 
16 
17  

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
COM(2002)208 final, OJ C 137, 8.6.2002, p. 2 

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(6) Railway undertakings should co-operate to facilitate transfer from one network to another 
as  well  as  from  one  operator  to  another  and  by  this  co-operation  ensure  the  provision  of 
integrated tickets to the rail passengers.  

(7) In order to ensure that the international rail passenger will benefit from the rules laid down 
in  this  Regulation,  the  railway  undertakings  offering  rail  passenger  services  should  co-
operate.  This  co-operation  should  be  open  on  non-discriminatory  terms  to  any  railway 
undertaking offering a rail passenger service. 

(8) International  rail  passenger  services  should  benefit  citizens  in  general.  Consequently, 
persons suffering the disadvantage of reduced mobility, whether caused by disability, age or 
any other factor, should have equal opportunities for rail travel.  

(9) A system of unlimited liability in case of death or injury to passengers is appropriate in 
the context of a safe and modern rail transport system; 

(10)  The introduction of liability limits for loss of, or damage to, luggage and for damage 
occasioned by delay, missed connection or cancellation of the journey should lead to greater 
clarity and should provide incentives for the international rail passenger market, to the benefit 
of the passengers. 

It is desirable to relieve accident victims and their dependants of short-term financial 

(11) 
concerns in the period immediately after the accident.  

(12) 
It  is  important  that  the  rules  of  this  Regulation  apply  even  when  the  passenger 
transport is carried out by other modes, in particular by sea or inland waterway, as a part of 
the  railway  journey  or  because  of  temporary  changes.  This  prevalence  of  liability  of  the 
railway  operator  is  in  line  with  international  conventions,  in  particular  Article  1  (3)  of  the 
Uniform Rules concerning the Contract of International Carriage of Passengers by Rail (CIV 
–  Appendix  A  to  the  Convention),  the  “Vilnius  Protocol  1999”,  and  Article  2  (2)  of  the 
Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 2002.  

In case of travel provided by successive rail undertakings a passenger should be able 

(13) 
to claim against any of the railway undertakings taking part in the transport. 

It  is  in  the  interests  of  the  rail  passenger  market  that  a  high  level  of  safety  is 

(14) 
maintained at stations as well as on board the train. 

In the interests of other passengers and of the railway undertaking, a passenger needs 

(15) 
to comply with certain rules of behaviour.  

(16)  The effects of this Regulation should be reviewed, in particular, in relation to inflation 
and to developments of the level of competition on the relevant rail passenger markets. 

(17)  This  Regulation  should  be  without  prejudice  to  Directive  95/46/EC  of  the  European 
Parliament and of the Council of 24 October 1995 on the protection of individuals with regard 
to the processing of personal data and on the free movement of such data18. 

(18)  Member  States  should  lay  down  penalties  applicable  to  infringements  of  the 
provisions of this Regulation.  

18  

OJ L 281, 23.11,1995, p.31 

12 

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

(20)  The measures necessary for the implementation of this Regulation should be adopted 
in  accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission19, 

HAVE ADOPTED THIS REGULATION: 

CHAPTER ONE 
GENERAL PROVISIONS 

Article 1 

Subject matter and Scope 

1.  This Regulation establishes rights and obligations for international rail passengers. 

2.  This  Regulation  shall  apply  to  international  journeys  undertaken  within  the  Community 
where  the  international  service  is  operated  by  a  railway  undertaking  licensed  according  to 
Council Directive 95/18/EC20. 

If  the  Community  has  concluded  an  agreement  on  rail  transport  with  a  third  country,  this 
Regulation  shall  also  apply  to  international  journeys  to  or  from  that  country  or  in  transit 
through it. 

3.  This Regulation shall apply to computerised information and reservation systems for rail 
transport  (CRSTs)  when  offered  for  use  and/or  used  within  the  Community  to  provide 
information  on  international  journeys  by  rail,  for  the  distribution  and  sale  of  tickets  and/or 
reservations for that international journey. 

Article 2 

Definitions 

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

1) 

19  
20  

“railway undertaking” means any public or private undertaking licensed according to 
the applicable Community legislation, the principal business of which is to provide 

OJ L 184, 17.7.1999, p.23 
OJ L 143, 27.6.1995. p.70 

13 

 
 
  
 
 
 
                                                 
services  for  the  transport  of  passengers  by  rail  and  entailing  the  undertaking’s 
provision of traction; 

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

“allocation  body”  means  the  organisation  responsible  for  the  allocation  of  railway 
infrastructure capacity; 

“charging body” means the organisation responsible for the charging for the use of 
the railway infrastructure capacity; 

“tour  operator”  means,  an  organiser  or  retailer  other  than  a  railway  undertaking 
within  the  meaning  of  Article  2,  points  (2)  and  (3)  of  Council  Directive 
90/314/EEC21  of  13  June  1990  on  package  travel,  package  holidays  and  package 
tours;  

“main  railway  station”  means  a  railway  station  served  by  international  services 
and/or national long-distance services of more than 100 kilometres;  

“station manager” means the organisational entity in a Member State, which has been 
made responsible for the management and/or maintenance of railway stations; 

“transport  Contract”  means  a  contract  between  a  railway  undertaking  and/or  tour 
operator on the one hand and the passenger on the other hand for the provision of one 
or  more  international  journeys  and,  where  applicable,  one  or  more  reservations, 
regardless  by  which  railway  or  other  transport  undertaking  the  transport  will  be 
carried out and/or subcontracted by the railway undertaking and/or tour operator that 
concludes the contract;  

“ticket” means a valid document serving as proof of the establishment of a transport 
contract  and  giving  entitlement  to  transportation,  or  something  equivalent  in 
paperless  form,  including  electronic  form,  issued  or  authorised  by  the  railway 
undertaking; 

“reservation”  means  evidence  that  the  passenger  has  a  ticket  or  other  proof  which 
indicates  that  the  reservation  has  been  accepted  and  registered  by  the  railway 
undertaking or tour operator; 

“through ticket” means a ticket or tickets representing a transport contract necessary 
to  carry  out  an  international  journey  from  origin  to  destination  using  a  number  of 
services and/or railway undertakings; 

“international  journey”  means  a  passenger  journey  by  rail  whereby  at  least  one 
internal  Community  border  is  crossed,  and  which  can  be  effected  by  means  of  an 

2) 

3) 

4) 

5) 

6) 

7) 

8) 

9) 

10) 

11) 

12) 

21 

OJ L 158 of 23.6. 1990, p.59. 

14 

 
 
  
 
                                                 
13) 

14) 

15) 

16) 

17) 

18) 

19) 

international service and/or  by means of a national service  for the domestic  part of 
the journey; 

“international service” means a rail passenger service where the train crosses at least 
one internal Community border; the train may be joined and/or split and the different 
sections may have different origins and destinations, provided that every constituent 
carriage crosses at least one border; 

“international high-speed service” means an international rail service where at least a 
part  of  the  service  is  carried  out  on  dedicated  high-speed  railway  infrastructure  as 
defined in Article 2(a) of Council Directive 1996/48/EC22. 

“delay”  means  the  time  between  departure  and/or  arrival  scheduled  in  the  working 
timetable or published timetable, including leaflets made available to passengers, at 
the  railway  station  of  departure  and/or  arrival  on  the  one  hand,  and  real-time 
departure  and/or  arrival  of  the  international  service  or  international  high-speed 
service on the other hand; 

“cancellation”  means  the  suspension  of  a  scheduled  international  service  or 
international high-speed service; 

“consequential damages” means significant damages arising as a result of a delay, a 
delay leading to a missed connection or a cancellation encountered; 

“working  timetable”  means  the  data  defining  all  planned  train  and  rolling-stock 
movements which will take place on the relevant infrastructure during the period for 
which it is in force; 

“Computerised  Information  and  Reservation  System  for  Rail  Transport  (CRST)” 
means  a  computerised  system  containing  information  about  all  passenger  services 
offered  by  railway  undertakings;  the  information  stored  in  the  CRST  on  passenger 
services includes information on: 

(a) 

schedules and timetables of passenger services; 

(b) 

availability of seats on passenger services; 

(c) 

(d) 

(e) 

20) 

21) 

fares and special conditions; 

accessibility of trains for Persons with Reduced Mobility; 

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

“system vendor” means any entity and its affiliates which is or are responsible for the 
operation  or  marketing  of  Computerised  Information  and  Reservations  Systems  for 
Rail Transport; 

“person with reduced Mobility” means any person whose mobility is reduced due to 
physical,  sensory  or  locomotory,  incapacity,  to  an  intellectual  impairment,  age, 

22 

OJ L 235 of 17.9. 1996, p.6. 

15 

 
 
  
 
                                                 
illness,  or  any  other  cause  of  disability  when  using  transport  and  whose  situation 
needs  special  attention  and  the  adaptation  to  a  person’s  need  of  the  service  made 
available to all passengers; 

“successive  railway  undertaking”  means  a  railway  undertaking  performing  part  of 
the international service. 

“substitute  railway  undertaking”  means  a  railway  undertaking  which  has  not 
concluded  the  transport  contract  with  the  passenger  but  to  whom  the  railway 
undertaking has entrusted, in whole or in part, the performance of the transport.  

22) 

23) 

CHAPTER II 
INFORMATION AND TICKETS 

Article 3 

Travel information 

Railway  undertakings  and/or  tour  operators  shall  provide  to  the  passenger  at  least  the 
information, set out in Annex I.  

The pre journey information, set out in Annex I, shall be provided for services offered also by 
other railway undertakings.  

Information shall be provided in the most appropriate format. 

Article 4 

Transport contract and tickets 

1. 
By  the  transport  contract  the  railway  undertaking  or  railway  undertakings  shall 
undertake  to  transport  the  passenger  as  well  as  hand  luggage  and  luggage  to  the  place  of 
destination. The contract must be confirmed by one or more tickets issued to the passenger. 
The tickets shall be considered prima facie evidence of the conclusion of the contract. 

Railway undertakings shall issue tickets, which contain at least the information listed 

2. 
in Annex II. 

If the tickets and reservations have been made out in the passenger’s name they shall 

3. 
be transferableto another person under the conditions specified when purchasing the tickets..  

The  tickets  and  reservations  may  be  established  in  the  form  of  electronic  data 

4. 
registration, which can be transformed into legible written symbols. 

16 

 
 
  
 
 
 
Article 5 

Access to travel information systems 

Without prejudice to the provisions of Council Regulation (EEC) 2299/89 of 24 July 
1. 
198923  on  a  code  of  conduct  for  computer  reservation  systems,  in  particular  Article  21  b 
thereof, paragraphs 2 to 7 below shall apply.  

A system vendor offering distribution facilities in respect of scheduled passenger rail 
2. 
services shall allow any railway undertaking, which submits a request for this, the opportunity 
to participate, on an equal and non-discriminatory basis, in these facilities within the available 
capacity of the system concerned, subject to any technical constraints outside the control of 
the system vendor. 

3. 

(a) 

(b) 

A system vendor shall not: 

attach  unreasonable  conditions  to  any  contract  with  a  participating  railway 
undertaking; 

require  the  acceptance  of  supplementary  conditions  which,  by  their  nature  or 
according  to  commercial  usage,  have  no  connection  with  participation  in  its 
information system and shall apply the same conditions for the same level of service. 

A  system  vendor  shall  not  make  it  a  condition  of  participation  in  its  information 
4. 
system that a participating railway undertaking may not at the same time be a participant in 
another system. 

A participating railway undertaking shall have the right to terminate its contract with a 
5. 
system vendor without penalty on giving at least six months’ notice, expiring no earlier than 
the end of the first year. 

Loading and processing facilities provided by the system vendor shall be offered to all 

6. 
participating railway undertakings without discrimination.  

If  the  system  vendor  adds  any  improvement  to  the  distribution  facilities  provided  or 
7. 
the equipment used in the provision of the facilities, it shall offer these improvements to all 
participating  railway  undertakings  on  the  same  terms  and  conditions,  subject  to  current 
technical limitations. 

Article 6 

Availability of Tickets, Through tickets and Reservations 

1. 
Railway  undertakings  and/or  tour  operators  shall  offer  tickets  and/or  through  tickets 
for  international  journeys  between  at  least  the  main  railway  stations  as  well  as  to  railway 
stations located in a zone with as midpoint the nearest railway station. 

2. 
Railway undertakings shall co-operate, without prejudice to the provisions of Articles 
81, 82 and 86 of the Treaty, in order to offer to the passenger through tickets for international 

23  

OJ L 220, 29.07.1989, p. 1. 

17 

 
 
  
 
 
 
                                                 
journeys. The co-operation shall be open to any railway undertaking on a non-discriminatory 
basis. Services performed for the provision of tickets shall be charged on a cost related basis. 
Railway undertakings shall notify the co-operation agreement(s) to the Commission one year 
after the entry into force of this Regulation. 

Tickets  for  international  journeys  must  be  distributed  to  passenger  at  least  via  the 

3. 
following points of sale: 

(a) 

(b) 

ticket offices and, if available, selling machines on all main railway stations,or: 

telephone  /  internet  or  any  other  widely  available  information  technology  without 
additional charges for the use of this distribution channel. 

Railway  undertakings  shall,  however,  offer  the  possibility  to  purchase  tickets  for 

4. 
international journeys on the train, under the conditions laid down in Article 36.  

CHAPTER III 
LIABILITY OF THE RAILWAY UNDERTAKING 

Article 7 

Death and injury of passengers 

1. 
The railway undertaking shall be liable in the event of death or bodily injury, whether 
physical  or  mental,  of  a  passenger,  upon  condition  only  that  the  accident  which  caused  the 
death or injury took place when the passenger was on the train or while boarding or leaving 
the train. 

The  obligation  of  insurance  set  out  in  Article  9  of  Directive  95/18/EC  as  far  as  it 
2. 
relates to liability for passengers shall be understood as requiring that a railway undertaking 
shall  be  insured  up  to  a  level  that  is  adequate  to  ensure  that  all  persons  entitled  to 
compensation  receive  the  full  amount  to  which  they  are  entitled  in  accordance  with  this 
Regulation.  

The minimum insurance coverage per passenger shall be 310 000 EUR  

Article 8 

Hand luggage  

1. 
In the event of death of, or bodily injury to, a passenger the railway undertaking shall 
be liable for the total or partial loss or damage to personal effects which the passenger had on 
him or with him as hand luggage.  

2. 
Apart  from  this  the  railway  undertaking  shall  not  be  liable  for  loss  of  or  damage  to 
personal effects, hand luggage for supervision of which the passenger is responsible, unless 
the loss or damage is caused by the fault of the railway undertaking. 

18 

 
 
  
 
 
Article 9 

Other Luggage 

The  railway  undertaking  shall  be  liable  for  damage  sustained  in  the  case  of  total  or  partial 
destruction  or  loss  of,  or  damage  to,  luggage  upon  condition  that  the  event  that  caused  the 
destruction, loss or damage took place when the luggage was under the responsibility of the 
railway undertaking. 

Article 10 

Delay 

The railway undertaking is liable for a delay, including a delay leading to a missed connection 
and/or  the  cancellation  of  an  international  service  to  passengers  and/or  the  transport  of 
luggage.  

The  railway  undertaking  shall  not  be  liable  for  delay  or  cancellation  of  an  international 
service  if  these  were  the  result  of  exceptional  weather  circumstances,  natural  catastrophes, 
acts of war or terrorism. 

Article 11 

Consequential damages 

In case a railway undertaking is liable of a delay, a delay leading to a missed connection or a 
cancellation, the railway undertaking shall be, irrespective to the conditions of compensation 
for delays laid down in Article 10, liable for damage. 

Without  prejudice  to  Article  16,  for  delays  less  than  one  hour  there  is  no  right  to 
compensation for consequential damages. 

CHAPTER IV  
DAMAGES AND COMPENSATIONS 

Article 12 

Damages in case of death or injury of passengers 

The liability of a railway undertaking for damages sustained in the event of death, or 

1. 
bodily injury of a passenger shall not be subject to any financial limit. 

2. 
For  damages  arising  under  Article  7  (1)  not  exceeding  220  000  EUR  for  each 
passenger the railway undertaking shall not be able to exclude or limit its liability. Above that 
amount,  the  railway  undertaking  shall  not  be  liable  for  damages  if  it  proves  that  it  was  not 
negligent or otherwise at fault. 

19 

 
 
  
 
 
 
 
3. 
If,  through  the  death  of  the  passenger,  persons  whom  he  had,  or  would  have  had  a 
legal duty to maintain are deprived of their support, such persons shall also be compensated 
for that loss. 

Article 13 

Advance payments 

If a passenger is killed or injured, the railway undertaking shall make an advance payment, to 
cover immediate economic needs, within 15 days from the identification of the person entitled 
to damages.  

In the event of death this payment shall not be less than 21 000 EUR.  

Article 14 

Compensation for hand luggage and other luggage 

When the railway undertaking is liable under Article 8, it must pay compensation up 

1. 
to a limit of 1 800 EUR per passenger. 

When the railway undertaking is liable under Article 9, it must pay compensation up 

2. 
to a limit of 1 300 EUR per passenger. 

Article 15 

Compensation for delays 

Without  losing  the  right  of  transport,  a  passenger  may  request  compensation  for 
1. 
delays, from the railway undertaking if he is facing a delay. The minimum compensations for 
delays are set out in Annex III.  

The  compensation  referred  to  in  paragraph  1  shall  be  paid  within  14  days  after  the 
2. 
submission of the request for compensation. The compensation can only be paid in vouchers 
and/or other services with the signed agreement of the passenger. 

The  compensation  referred  to  in  paragraph  1  shall  not  be  reduced  by  financial 
3. 
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 four EUR. 

Article 16 

Missed connections and cancellations 

1. 
In  the  case  of  a  delay  leading  to  a  missed  connection  or  a  cancellation  of  an 
international service, paragraph 2 shall apply, except when the railway undertaking can prove 
that the service was cancelled solely because of exceptional circumstances. 

20 

 
 
  
 
 
 
 
 
2. 
When, a railway undertaking is facing a delay that will lead to a missed connection or 
when,  before  the  scheduled  time  of  departure,  a  railway  undertaking  cancels  or  reasonably 
expects  to  cancel  an  international  railway  service,  it  shall  make  every  effort  to  inform  the 
passengers.  

At the very least the passengers shall be offered a choice between: 

(a) 

(b) 

(c) 

reimbursement  of  the  full  cost  of  the  ticket,  under  the  conditions  by  which  it  was 
paid, for the part or parts of their journey not made and for the part or parts already 
made if the international journey is no longer serving any purpose in relation to the 
passenger’s original travel plan, together with, when relevant, a return service to the 
first point of departure at the earliest opportunity. The payment of the reimbursement 
shall be made under the same conditions as the payment for compensation referred to 
in Article 15 (2) or (3); or 

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

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

Article 17 

Assistance 

1. 
In case of a delay, a delay leading to a missed connection or a cancellation of service, 
passengers  shall  be  kept  informed  about  the  situation  and  the  estimated  departure  time  and 
estimated arrival time by the railway undertaking or by the station operator not later than ten 
minutes after the planned departure time or after the interruption of service. 

In case of a delay, a delay leading to a missed connection or a cancellation of service, 

2. 
passengers shall be offered free of charge: 

(a) 

(b) 

(c) 

(d) 

meals and refreshments in a reasonable relation to the waiting time,; and/or 

hotel accommodation in cases where a stay of one or more nights becomes necessary 
or an additional stay becomes necessary; and/or 

transport between the railway station and place of accommodation (hotel or other). 

transport between the railway station or the train if it is blocked on the track and the 
final  destination  of  the  service  or  the  place  of  departure  of  an  alternate  transport 
means. 

Railway  undertakings shall, at the request of the passenger, certify on the ticket that 

3. 
the rail service has suffered a delay, lead to a missed connection or that it has been cancelled. 

4. 
In applying paragraphs 1 and 2, the operating railway undertaking shall pay particular 
attention to the needs of passengers with reduced mobility and any accompanying persons, as 
well as to the needs of unaccompanied children. 

21 

 
 
  
 
 
CHAPTER V  
COMMON PROVISIONS 

Article 18 

Other modes of transport 

1. 
The  provisions  relating  to  liability  shall  apply  when  railway  vehicles  are  carried  by 
ferry on part(s) of the international journey, unless the legal regime applied to the maritime 
transport is more favourable to the passenger. 

2. 
When  a  transport  by  rail  is  temporarily  suspended  and  the  passengers  are  carried  by 
another mode of transport, the railway undertaking is liable according to the provisions of this 
Regulation. 

Article 19 

Successive railway undertakings 

If  the  international  journey  is  performed  by  successive  railway  undertakings,  the  railway 
undertakings  involved  in  the  transport  shall  be  jointly  and  severally  liable  in  the  event  of 
death or personal injuries to the passenger, or the event of damage to or loss of luggage or of 
delays, delays leading to missed connections or cancellations.  

Article 20 

Substitute railway undertakings  

Where  a  railway  undertaking  has  entrusted  the  performance  of  the  transport,  in  whole  or  in 
part,  to  a  substitute  railway  undertaking,  the  railway  undertaking  shall  nevertheless  remain 
liable in respect of the entire transport. 

Article 21 

Persons for whom the railway undertaking is responsible 

The railway undertaking shall be liable for its staff and other persons whose services it makes 
use  of  for  the  performance  of  the  transport,  when  that  staff  and/or  other  persons  are  acting 
within the scope of their functions.  

The  staff  of  the  manager  of  the  infrastructure  on  which  the  transport  is  performed  shall  be 
considered  as  persons  whose  services  the  railway  undertaking  makes  use  of  for  the 
performance of the transport. 

22 

 
 
  
 
 
 
 
Article 22 

Basis of claims – aggregation of claims 

In  all  cases  where  this  Regulation  applies,  any  action  in  respect  of  liability,  on  whatever 
grounds, may be brought against the railway undertaking only subject to the conditions and 
limitations laid down in this Regulation.  

The  same  shall  apply  to  any  action  brought  against  its  staff  or  other  persons  for  whom  the 
railway undertaking is liable according to Article 21.  

The  aggregate  amount  of  compensation  payable  by  the  railway  undertaking,  the  substitute 
railway undertaking and their staff and other persons whose services they make use of for the 
performance of the transport shall not exceed the limits provided for in this Regulation. 

Article 23 

Limitation of actions 

1. 

The period of limitation of actions for damages based on the liability of the railway 
undertaking in case of death of, or personal injury to the passengers shall be 

(a) 

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

(b) 

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

2. 

The period of limitation for other actions arising out of the transport contract shall be 
two years reckoned from the date of the incident. 

Article 24 

Right of recourse 

Nothing in this Regulation shall prejudice the question whether a person liable for damage in 
accordance with its provisions has a right of recourse against any other person. 

The  railway  undertaking  shall  have  the  right  to  claim  compensation  from  the  infrastructure 
manager to recover the compensation the railway undertaking has paid to the passengers. This 
infrastructure  manager’s  liability  shall  be  without  prejudice  to  the  application  of  the 
performance  scheme  laid  down  in  Article  11  of  Directive  2001/14/EC  of  the  European 
Parliament and of the Council24. 

24 

OJ L 75, 15.3.2001, p. 29. 

23 

 
 
  
 
 
 
 
                                                 
Article 25 

Exclusion of waiver and stipulation of limits 

Obligations  towards  passengers  pursuant  to  this  Regulation  shall  not  be  limited  or 

1. 
waived, notably by a derogation or restrictive clause in the transport contract. 

Railway undertakings may offer contract conditions more favourable for the passenger 

2. 
than the minimum conditions laid down in this Regulation. 

Article 26 

Exoneration 

If  the  railway  undertaking  proves  that  the  damage  was  caused  or  contributed  to  by  the 
negligence  or  other  wrongful  act  or  omission  of  the  person  claiming  compensation,  or  the 
person  from  whom  he  derives  his  rights,  the  railway  undertaking  shall  be  wholly  or  partly 
exonerated from its liability to the claimant to the extent that such negligence or wrongful act 
or omission caused or contributed to the damage. 

CHAPTER VI  
PERSONS WITH REDUCED MOBILITY 

Article 27 

Prevention of refusal of transport 

A  railway  undertaking  and/or  a  tour  operator  shall  not  refuse,  on  the  grounds  of  reduced 
mobility, to issue a ticket and reservation for an international service departing from a main 
railway station. 

Article 28 

 Assistance at railway stations 

1. 
On  departure  from,  transit  through  or  arrival  at  a  railway  station  of  a  person  with 
reduced mobility on an international journey, the station manager shall provide assistance in 
such  a  way  that  the  person  is  able  to  board  the  departing  service,  to  change  to  the 
corresponding service or to disembark from the arriving service for which he or she purchased 
a ticket.  

The assistance referred to in paragraph 1 is provided on condition that notification is 
2. 
made of the person’s need for such assistance to the railway undertaking and/or tour operator 
with which the ticket was purchased, at least 24 hours before the assistance is needed.  

If no notification is made in accordance with paragraph 1, the station manager of the 
3. 
departure station, transit station or arrival station shall make all reasonable efforts to provide 
assistance in such a way that the person with reduced mobility on an international journey is 

24 

 
 
  
 
 
 
 
 
 
 
able  to  board  the  departing  service;  to  change  to  the  corresponding  service  or  to  disembark 
from the arriving service for which he has purchased a ticket. 

Article 29 

Assistance at railway stations 

The station manager shall be responsible for the provision of the assistance to persons 

1. 
with reduced mobility. 

2. 
The station manager shall designate points, within and outside the railway station, at 
which persons with reduced mobility can announce their arrival at the railway station and, if 
need be, request assistance. 

Article 30 

 Assistance on board  

A railway undertaking and/or a tour operator shall provide to a person with reduced mobility 
the assistance on board of a train and during boarding and disembarking from a train, if that 
person respects the conditions set out in Article 28(2). 

Article 31 

Notification of need for assistance 

1. 
Railway  undertakings  and  tour  operators  shall  take  all  measures  necessary  for  the 
reception,  at  all  points  of  sale,  of  notifications  of  the  need  for  assistance  by  persons  with 
reduced mobility.  

2. 
Railway  undertakings  and/or  tour  operators  shall  communicate  the  notification  24 
hours  in  advance  to  allow  the  provision  of  assistance  according  to  Article  28(1)  to  the 
managing bodies of the railway stations of departure, of transit or arrival. 

3. 
Immediately  after  the  departure  of  a  national  or  international  service,  the  railway 
undertaking shall inform the station manager of the railway station of transit and arrival of the 
number  of  persons  with  reduced  mobility  requiring  assistance  and  the  nature  of  that 
assistance. 

25 

 
 
  
 
 
 
 
 
 
CHAPTER VII  
 QUALITY AND SECURITY OF SERVICE  

Article 32 

Security 

1. 
Railway undertakings shall take adequate measures to ensure a high level of security 
in railway stations and on trains. They shall prevent risks to passenger security and effectively 
address these risks where and when they occur within the sphere of their responsibility.  

2. 
Without  prejudice  to  the  provisions  of  Article  81,  82  and  86  of  the  Treaty,  railway 
undertakings  shall  co-operate  to  accomplish  and  maintain  a  high  level  of  security  and  to 
exchange  information  on  best  practices  concerning  the  prevention  of  activities,  which  are 
likely to deteriorate the level of security. 

Article 33 

Service Quality standards 

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

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

Article 34 

Complaints 

1. 
Railway undertakings offering international services shall set up a complaint handling 
mechanism. The railway undertaking shall make the contact details of its complaint handling 
service widely known to passengers. 

2. 
Passengers  may  submit  a  complaint  concerning  international  journeys  to  any  of  the 
railway undertakings involved in the service, or to the point of sale where the ticket has been 
purchased. 

3. 
A  complaint  may  be  submitted  in  the  language(s)  of  the  Member  States  on  whose 
territory  the  journey  has  taken  place,  in  the  language(s)  of  the  place  where  the  ticket  was 
purchased or in English, French or German. 

4. 
The  railway  undertaking  or  point  of  sale  receiving  a  complaint  submitted  under 
paragraph 2 shall respond to the complainant in the same language as the complaint, on behalf 
of  all  parties  involved  in  the  provision  of  the  international  service.  This  may  include 
responding on behalf of a substitute or a successive railway undertaking, a station manager of 

26 

 
 
  
 
 
 
 
the station, a tour operator and/or an infrastructure manager. In case the point of sale receiving 
the complaint is different from the railway undertaking or railway undertakings, which carried 
out  part  of  the  service,  the  point  of  sale  may  refer  the  complaint  to  the  appropriate  address 
while informing the passenger. 

5. 
The  railway  undertaking  or  point  of  sale  receiving  a  complaint  submitted  under 
paragraph 2 is obliged to give a reasoned response to the passenger within 20 working days 
after receipt of the complaint. The response will indicate the possibilities for an out of court 
dispute settlement procedure and applicable legal redress. Where a substantial response is not 
possible within 20 working days due to lack of information the complainant shall be notified 
of  the  expected  delay  period.  In  any  case  the  response  to  the  complaint  shall  be  available 
within three months. 

6. 
The railway undertaking shall publish in the annual report mentioned in Article 33 the 
number  and  categories  of  received  complaints,  processed  complaints,  response  time  and 
improvement actions undertaken. 

Article 35 

Addressee of claims 

Claims relating to the liability of the railway undertaking shall be addressed in writing to the 
railway undertaking.  

In the event of an international journey performed by successive railway undertakings or by 
one  or  several  substitute  railway  undertakings  the  claim  may  be  addressed  to  any  of  the 
railway  undertakings  involved  in  the  transport.  A  claim  addressed  to  one  of  the  railway 
undertakings  taking part in the  transport shall be regarded as having  been addressed  also to 
the others.  

Article 36 

Passenger obligations 

1. 
The passenger must ensure, on receipt of the ticket that it has been made in accordance 
with his instructions. The passenger must be in possession of a valid ticket from the start of 
the journey, unless the passenger was unable, as a result of closed ticket offices and/or ticket 
machines  out  of  order,  to  purchase  his  ticket  on  the  departure  main  railway  station.  In  the 
latter  case,  the  passenger  must  immediately  inform  the  competent  train  staff  of  this.  The 
passenger shall show on request his ticket to the competent train staff. 

2. 

Railway undertakings may request that: 

a passenger who does not produce a valid ticket shall pay, in addition to the transport 

(a) 
charge, a surcharge, which shall not exceed 100% of the transport charge; 

a  passenger  who  refuses  to  pay  the  transport  charge  or  the  surcharge  upon  demand 

(b) 
shall discontinue his journey. 

Railway  undertakings  shall  demand  the  discontinuance  of  the  journey,  without 

3. 
entitlement to a refund of the tickets and/or reservations, from a passenger who: 

27 

 
 
  
 
 
(a) 

(b) 

(c) 

presents a danger to the safety and security of train staff and/or other passengers; or 

presents a danger to the safety and security of the train; or  

inconveniences  train  staff  and/or  other  passengers  by  displaying  inappropriate 
behaviour, such as non-respect of non-smoking areas, vandalism, insults or violence; 

Chapter VIII  
INFORMATION AND ENFORCEMENT 

Article 37 

Obligation to provide information 

Railway undertakings shall inform the general public by appropriate means of any plans it has 
to discontinue international services. 

Article 38 

Enforcement 

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

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

The Member States shall inform the Commission of the body designated in accordance with 
this paragraph. 

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

Article 39 

Co-operation of enforcement bodies 

The enforcement bodies referred to in Article 38 (1) shall exchange  information about their 
work  and  decision-making  principles  and  practice  for  the  purpose  of  co-ordinating  their 
decision-making  principles  across  the  Community.  The  Commission  shall  support  them  in 
this task. 

28 

 
 
  
 
 
 
 
 
 
Chapter IX 

FINAL PROVISIONS 

Article40 

Penalties 

The Member  States  shall  lay  down  the rules on penalties  applicable to  infringements  of the 
provisions  of  this  Regulation  and  shall  take  all  measures  necessary  to  ensure  that  they  are 
implemented. The penalties provided for must be effective, proportionate and dissuasive. The 
Member States shall notify those provisions to the Commission by ...25 at the latest and shall 
notify it without delay of any subsequent amendment affecting them.  

Article41 

Annexes 

The annexes shall be modified in accordance with the procedure referred to in Article 44 (2). 

Article 42 

Amending provisions 

The measures necessary for the implementation of Articles 3 to 6 and 27 to 31 shall be 

1. 
adopted in accordance with the procedure referred to in Article 43(2) 

The  amounts  referred  to  in  Article  11  and  Articles  13  to  15  shall  be  modified  in 

2. 
accordance with the procedure referred to in Article 43(2). 

Article 43 

Committee 

The  Commission  shall  be  assisted  by  the  Committee  instituted  by  Article  11a  of 

 1. 
Council Directive 91/440/EEC26. 

25  
26  

Six months after the entry into force of this Regulation 
OJ L  237, 24.8.1991, p.25 

29 

 
 
  
 
 
 
                                                 
Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC 

2. 
shall apply, having regard to the provisions of Article 8 thereof. 

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

3. 

The Committee shall adopt its Rules of Procedure. 

Article 44 

 Report 

The  Commission  shall  report  to  the  European  Parliament  and  the  Council  on  the 
implementation  and  the  results  of  this  Regulation  three  years  after  its  entry  into  force,  in 
particular on the service quality levels.  

The report will be based on information to be provided pursuant Article 33 (2), Article 34 (6), 
Article 39 (1) of this Regulation as well Article 10b of Directive 91/440/EEC. The report shall 
be accompanied where necessary by appropriate proposals. 

Article 45 

This Regulation shall enter into force 20 days after the date 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 Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

30 

 
 
  
 
  
 
 
 
ANNEX I 
MINIMUM INFORMATION TO BE PROVIDED BY RAILWAY UNDERTAKINGS 

Pre journey information 

All relevant conditions applicable to the contract;  

Time schedules and conditions for the fastest trip; 

Time schedules and conditions for the lowest fares; 

Accessibility and access conditions for PRM; 

Accessibility and access conditions for bikes; 

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

Any activities likely to disrupt or delay services; 

Availability of on board services 

Information during the journey 

On board services 

Next station 

Delays 

Main connecting services 

Security and safety issues 

This  information  shall  be  provided  in  at  least  the  languages  of  the  Member  States  through 
which the service is carried out. 

Information after the journey 

Procedures and places for lost luggage 

Procedures for submission of complaints 

31 

 
 
  
 
ANNEX II 
MINIMUM INFORMATION TO BE PROVIDED ON THE TICKET 

Railway Undertaking(s) carrying out the transport; 

Validity of the tickets (dates; services; class); 

Indication whether the ticket must be validated before the journey and conditions of use of the 
ticket; 

Price, including taxes and other charges; 

32 

 
 
  
 
ANNEX III 
MINIMUM COMPENSATIONS IN CASE OF DELAYS  

Service type 

Duration 
service  

of 

compensation 

50% 
in case of 

100%  compensation 
in case of 

International  journeys 
on  (partly)  scheduled 
high speed service 

International  journeys 
scheduled  non- 
on 
high speed services 

Up to 2 hours 

30-60 minutes delay  More than 60  minutes 

delay 

Exceeding 2 hours 

60-120 minutes delay  More 

than 
minutes delay 

Up to 4 hours 

60-120 minutes delay  More 

than 
minutes delay 

Exceeding 4 hours 

120-240 
delay 

minutes 

More 
than 
minutes delay 

120 

120 

240 

33 

 
 
  
 
 
 
 
ANNEX IV 
MINIMUM SERVICE QUALITY STANDARDS  

Information and tickets 

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

Cancellations of international services; 

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

Customer satisfaction survey; 

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

Assistance provided to PRM. 

34