Opinion of the European Economic and Social Committee on the Proposal for a Regulation of the European Parliament and of the Council on international rail passengers' rights and obligations (COM(2004) 143 final — 2004/0049 (COD))
Date: 2005-02-09
Institutions: European Economic and Social Committee
Subjects: consumer information, consumer protection, international transport, provision of services, rail transport, traveller

C 221/8

EN

Official Journal of the European Union

8.9.2005

Opinion of the European Economic and Social Committee on the Proposal for a Regulation of the
European Parliament and of the Council on international rail passengers' rights and obligations

(COM(2004) 143 final — 2004/0049 (COD))

(2005/C 221/02)

On 28 April 2004 the Council decided to consult the European Economic and Social Committee, under
Article 71 of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for
preparing the Committee's work on the subject, adopted its opinion on 17 January 2005. The rapporteur
was Mr Chagas.

At its 414th plenary session (meeting of 9 February 2005), the European Economic and Social Committee
adopted the following opinion by 119 votes to one with four abstentions

1. Introduction

1.2
The First Railway Package (also known as the Infra-
structure Package) entered into force on 15 March 2001 and
was required to be transposed into national law by 15 March
2003. It contains the following elements:

and obligations

1.1
The current proposal for a Regulation of the European
Parliament and of the Council on international rail passengers'
rights
‘Quality Directive on
(hereinafter
Passenger Transport’) is part of what is known as the third
railway package, which the Commission adopted on 3 March
2004. The other elements are:

— Amending Directive 91/440/EEC on the development of

the Community's railways (COM(2004) 139 final);

— Proposal for a Directive on the certification of train crews

(COM(2004) 142 final);

— Amendment of Directive 91/440/EEC: among other things,
free market access for international rail freight traffic on the
Trans-European Rail Freight Network by 15 March 2003
and total liberalisation of international rail freight traffic by
15 March 2008 (1);

— Extension of

the scope of a European Rail Operators'

Licence (Amendment of Directive 95/18/EC) (2);

— Proposal for a Regulation on compensation in cases of non-
compliance with contractual quality requirements for rail
freight services (COM(2004) 144 final);

— Harmonisation of

the allocation of
the provisions for
railway infrastructure capacity and the charging of infra-
structure fees and safety certification (replaces Directive
95/19/EC) (3).

and

— Communication from the Commission on further integra-

tion of the European rail system (COM(2004) 140);

— Commission Staff Working Paper on gradually opening up
for international passenger services by rail

the market
(SEC(2004) 236).

1.3
In October 2003, the European Commission took nine
Member States to the European Court of Justice for failure to
notify the transposition of
the First Railway Package into
national law. In May 2004, five countries still had yet to prove
notification, and two Member States had only partially imple-
mented the provisions in national law.

(1) Directive 2001/12/EC – OJ L 75, 15.3.2001, p. 1 – EESC Opinion –

OJ C 209, 22.7.1999, p. 22.

(2) Directive 2001/13/EC – OJ L 75, 15.3.2001, p. 26 – EESC Opinion

– OJ C 209, 22.7.1999, p. 22.

(3) Directive 2001/14/EC – OJ L 75, 15.3.2001, p. 29 – EESC Opinion

– OJ C 209, 22.7.1999, p. 22.

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The Second Railway Package was published in the
1.4
Official
Journal of the European Communities on 30 April
2004, and must be transposed into national law by 30 April
2006. It contains the following elements:

2.1.2 Minimum compensation payments are set for delays
(Annex III); these payments do not affect the passenger's right
to transport.

— Amendment of Directive 91/440/EEC: Bringing forward
free market access for international rail freight traffic to 1
freight
January 2006 and liberalisation of domestic rail
traffic including cabotage from 1 January 2007 (1);

Annex III

— Directive on safety on the Community's railways (2);

Type of service

Journey time

50%
compensati-
on in the
event of

100 %
compensatio-
n in the
event of

— Regulation establishing a European Railway Agency (3);

— Amendment of the Directives on the interoperability of the
high-speed rail system (Directive 96/48/EC) and of
the
conventional rail system (Directive 2001/16/EC) (4).

The first and second railway packages created the legal
1.5
basis for an internal market
transport. The
in rail
measures cover market access, licensing and safety certification
of rail operators, access to infrastructure and the calculation of
access charges, the creation of a legal framework for railway
safety, and measures to ensure technical interoperability of the
rail system.

freight

journeys

International
in
whole or in part by high-
speed
rail
scheduled
service

Up to two
hours

Delays of
between 30
and 60
minutes

Delays of
more than
60 minutes

Over two
hours

Delays of
between 60
and 120
minutes

Delays of
more than
120
minutes

International
journeys by
scheduled trains other than
high-speed trains

Up to four
hours

Delays of
between 60
and 120
minutes

Delays of
more than
120
minutes

This legal

framework, put

1.6
in place by the first and
second packages, requires, as the EESC stated in its opinion on
the second railway package (5), a complete restructuring of the
sector and the creation of new authorities and competences.

Over four
hours

Delays of
between
120 and
240
minutes

Delays of
more than
240
minutes

In the current proposal,

1.7
the Commission suggests
passing legislation to afford similar protection for international
rail passengers to that already enjoyed by air travellers, whose
rights in the event of overbooking and delays are better
protected.

The draft

2.1.3
regulation comprehensively governs the
rights of passengers who miss their connections or whose
trains are cancelled as well as the handling of customers in the
event of delays or missed connections.

2. The Commission proposal

2.1 Liability and compensation

2.1.1
The draft regulation governs liability of rail operators
in the event of death or injury of passengers or of loss of, or
damage to, their luggage.

(1) Directive 2004/51/EC – OJ L 164, 30.4.2004, p. 164 – EESC

Opinion – OJ C 61, 14.3.2003, p. 131.

(2) Directive 2004/49/EC – OJ L 164, 30.4.2004, p. 44 – EESC

Opinion – OJ C 61, 14.3.2003, p. 131.

(3) Directive 2004/881/EC – OJ L 164, 30.4.2004, p. 1 – EESC

Opinion – OJ C 61, 14.3.2003, p. 131.

(4) Directive 2004/50/EC – OJ L 164, 30.4.2004, p. 114 – EESC

Opinion – OJ C 61, 14.3.2003, p. 131.

(5) OJ C 61, 14.3.2003, p. 131.

2.2 Availability of information and sale of tickets

2.2.1
Annex I governs the minimum information to be
provided by rail operators before, during and after the journey.
Annex II sets out the minimum information to be provided on
the ticket.

2.2.2
Rail operators must sell tickets and/or through tickets
for hub stations and the surrounding areas. Several rail opera-
tors must work together for this purpose and sign contracts in
order to provide for the sale of through tickets. These tickets
must be offered for sale at ticket counters, ticket machines, by
telephone or on the Internet. If the ticket counters are closed or
the machines are out of order,
international tickets must be
available on the train. System vendors must be open to all rail
operators for the provision of information and the sale of
tickets.

2.2.3
suspend international services.

Rail operators must inform the public about plans to

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2.3 People with reduced mobility

2.3.1
The proposed regulation governs assistance for people
with reduced mobility at the station and on the train, as well as
when embarking, disembarking or changing trains. The need
for assistance must be notified 24 hours in advance.

3.1.3
The standards for timetable and fares information and
with a few exemptions (e.g. Thalys, Eurostar) for the issue of
tickets are fulfilled under the current system, in which interna-
tional transport of passengers by rail is carried out under coop-
eration agreements between rail operators or by international
groups. In the frame of a system of competing undertakings
these provisions need to be maintained and improved by regu-
lation or legislation.

2.4 Service quality standards and complaints procedures

3.2 Scope

2.4.1
Rail operators are required to set service quality stan-
dards (defined in Annex IV) and to put a quality management
system in place. Quality performance must be published in the
annual report.

2.4.2
A complaints procedure is to be set up, according to
which a reply must be sent to the customer in the language in
which the complaint was made. The complaint may be
submitted in any language of any country through which the
international train passes. English, French and German are in
any case permissible. This also applies to complaints made in
person at ticket counters.

3. Assessment of the proposal

3.1 Basic observations

3.2.1
passengers by rail. However,
connections from hubs to stations in the surrounding area.

The proposal applies to the international transport of
the provisions also apply to

3.2.2
subject to public service contracts.

The EESC points out that connecting services may be

However, the scope of the regulation is limited by its
3.2.3
definition of ‘railway undertaking’ (Article 2.1). This includes
only undertakings whose principal business is to transport
passengers. This could be seen to imply that railway undertak-
ings that also carry freight are excluded from the provisions of
the regulation. This is not acceptable.

3.1.1
The Commission's proposal deals with two areas at
once. The proposals for operators' liability and compensation
in the case of delays, cancellations, injury or damage to prop-
erty, and assistance to persons with limited mobility have
broadly the same scope as the Regulation on compensation
and assistance to passengers in the event of denied boarding
and of cancellation or long delay of flights (1). This proposal
deals with the rights of passengers in a second transport sector,
i.e. the railways.

The second area covers a separate range of matters.
3.1.2
This requires operators to cooperate to ensure that passengers
can obtain information about timetables and fares and buy
tickets at a one-stop shop in a competitive system. This covers
both connections between hubs, and the stations in the area
surrounding the nearest hub station. This proposal is closely
connected with the proposal to amend Directive 91/440/EEC
and with the liberalisation of international passenger transport.

(1) Regulation (EC) No. 261/2004 of the European Parliament and of
the Council of 11 February 2004 establishing common rules on
compensation and assistance to passengers in the event of denied
boarding and of cancellation or long delay of flights, and repealing
Regulation (EEC) No. 295/91.

3.3 Liability and compensation

3.3.1
The EESC welcomes the principle of introducing Euro-
pean legislation on compensation of passengers when services
are not provided satisfactorily or at all, and on the liability of
rail operators.

3.3.2
tion treats the various competing transport operators equally.

However, it is important to ensure that binding legisla-

3.3.3
It is conspicuous that compensation for international
rail passengers becomes payable earlier than that for air passen-
gers, despite the fact that land-bound rail traffic often involves
longer journey times and has more potential for disruption. For
example, fare refunds are payable to air passengers only after
delays of five hours.

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3.3.4
In the event that a train is delayed, free meals and
refreshments must be offered to passengers in a reasonable rela-
tion to the waiting time.
In the case of air transport, the
threshold is two hours or more.

In the case of cancelled flights, compensation need not
3.3.5
be paid where the cancellation takes place due to ‘extraordinary
circumstances.’ This basis for exemption from liability does not
exist in the case of transport of passengers by rail.

3.3.6
Similarly, the regulation on air travel does not provide
for compensation for consequential damages arising as a result
of delays or cancellations, whereas the regulation on rail travel
does so. Furthermore, the proposed regulation does not set an
upper limit for consequential damages.

The maximum limit

3.3.7
for liability is set at different
levels for hand luggage and other luggage: EUR 1 800 for
It appears
hand luggage and EUR 1 300 for other luggage.
from the explanatory memorandum that the Commission has
drawn on different but comparable agreements (CIV for the rail
sector and the Montreal Convention for the air sector). From
the passenger's point of view, this difference is incomprehen-
sible.

The proposed regulation contains varying provisions
3.3.8
for liability of the operator to the customer depending on
whether or not the operator was at fault. Thus, the operator is
responsible for loss or damage to a passenger's hand luggage
only if the operator is at fault. In other cases, the operator is
liable whether or not it is at fault.

The operator is not liable for delays when these were
3.3.9
caused by exceptional weather conditions, natural disasters,
acts of war or terrorism. The operator is liable for delays due to
any other cause, whether or not it was at fault.

3.3.10
As a general principle, the EESC is in favour of liabi-
lity regardless of fault in the event of delay in any transport
sector. This is not a matter of compensation for damages in the
narrowest sense, but rather compensation for services that were
not provided. To the consumer/customer, it does not matter
whether the operator is at fault. The proposed limitations are
appropriate.

3.4 Assistance to persons with limited mobility and other passengers

3.4.1
people with limited mobility.

The EESC welcomes the provisions for assistance to

3.4.2
Rail operators should provide accessible information
to all passengers — including people with reduced mobility as
defined in Article 2, paragraph 21; this could be done by
locating windows and information stands at an appropriate
height and by preparing text in bigger fonts and in an easy-to-
read format.

3.5 Information to passengers and on tickets

3.5.1
The EESC welcomes the provisions on passenger infor-
mation before, during and after the journey (Annex I). In par-
ticular, lack of information before and during the journey in
the event of a delay regularly causes considerable annoyance to
customers.

3.5.2 With regard to minimum information on tickets
(Annex II), it should be stated whether and when the ticket can
be surrendered and the fare refunded. Because of wide varia-
tions in reservation systems,
to the
passenger.

this is often unclear

3.5.3

The Regulation provides (Articles 3, 5 and 6):

— that rail operators and/or tour operators must provide
information about journey times, fares, carriage of bicycles,
etc. for all services, including those offered by other opera-
tors, in all sales systems (ticket counters, telephone, Internet
or other systems that may become available in the future);

— that operators must work together to sell through tickets to

customers through all sales systems.

3.5.4
Fundamentally, the EESC considers it desirable that
passengers should be offered one-stop-shop booking and infor-
mation systems for all rail transport and associated services.

3.5.5
travel:

However, it draws attention to the peculiarities of rail

It is not clear from the proposed regulation that a
3.3.11
passenger can cancel his journey in the event of a delay and
receive a full refund of his fare. Particularly in the case of busi-
ness trips, a delay can make the journey pointless.

— the dependency on the network and the interdependency of
long-distance, domestic long-distance and
including public service routes that are

international
local services,
subject to other contractual obligations;

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— the advantages of short-term bookings (spontaneous jour-
neys), the ability to board along the route, and, in many
cases, the absence of a requirement to reserve a seat;

— tickets that are transferable between persons.

3.5.6
A directly applicable regulation cannot make appro-
priate provision for the complexity that arises from the connec-
tion between international passenger rail services and regional
services in a network that includes the integration of competing
scheduled operators. The number of railway stations affected
(hubs and stations in the area surrounding them)
for
example, considerable.

is,

The Committee underlines that for international rail
3.5.7
passenger services, these standards are presently fulfilled to a
large extent. In a system of competing undertakings however,
these provisions need to be maintained and improved by
adequate legislation.

3.6 Effects of the regulation on employees

3.6.1
Article 21 of the proposed regulation states that the
railway undertaking shall be liable for its staff. Article 22, on
the other hand, mentions the possibility of aggregate claims,
and includes claims against staff. It must be made absolutely
clear that railway staff are not exposed to liability claims by
passengers or other third parties but that the employer remains
responsible.

High compensation for delays shall not, as a conse-
3.6.2
lead to rail operators to accept higher risks on the
quence,
safety level
it
in order to avoid compensation claims. Also,
shall be excluded that railway undertakings put excessive pres-
sure on their employees with the risk to neglect working,
it is necessary to ensure
driving and rest time. Furthermore,
that sufficient, well-trained staff are available to fulfil
the
quality requirements.

Annex IV on minimum service quality standards must
3.6.3
therefore cover the skills of the relevant staff. This applies not
only to train crews, but also to station staff and staff who
process complaints.

Brussels, 9 February 2005.

4. Conclusions

4.1
The EESC welcomes the proposal for a Regulation on
rights and obligations. This
international
extends consumer protection provisions that currently apply
only to air travel to another mode of transport.

rail passengers'

However,

treatment of
4.2
competing modes of transport. The provisions that apply to
the railway sector must not be stricter than those for air travel.

the EESC is against unequal

4.3
The EESC sees room for improvement in the regulation
with regard to individual provisions for liability for consequen-
tial damages, the setting of upper limits for liability, and to
exclusions in the event of train cancellations.

Fundamentally the EESC would be in favour of a refund
4.4
of fare in the event of a service not being provided or being
provided inadequately, whether or not the operator was at
fault, as long as this applies to all modes of transport.

The EESC supports the concept of one-stop-shop infor-
4.5
mation and booking systems that guarantee good service
quality for passengers. However, it has reservations about this
being dealt with in the same regulation on compensation and
liability.

4.6
The EESC points out that establishing one-stop-shop
information and booking systems in an interconnected system
with network providers in international, national, regional and
public service transport, with the added complication of
competing scheduled operators, is very complex, particularly if
this system is to be available through all sales systems.

that

It points out

the presentation of

4.7
legislation on
passenger information and the issue of tickets for the interna-
tional transport of passengers by rail should be considered in
conjunction with the amendment of Directive 91/440/EEC on
the liberalisation of international passenger transport by rail.

The President

of the European Economic and Social Committee

Anne-Marie SIGMUND