Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Regulation of the European Parliament and of the Council on international rail passengers’ rights and obligations amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2007-02-22
Institutions: European Commission
Subjects: carriage of passengers, common transport policy, consumer protection, international transport, physically disabled person, rail transport

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.2.2007 
COM(2007) 79 final 

2004/0049 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

on international rail passengers’ rights and obligations 

AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 250 (2) of the EC Treaty 

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2004/0049 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

on international rail passengers’ rights and obligations 

(Text with EEA relevance) 

1. 

INTRODUCTION 

Article  251(2),  third  subparagraph,  point  (c)  of  the  EC  Treaty  requires  the  Commission  to 
deliver an opinion on amendments proposed by the European Parliament at second reading. 
The Commission sets out its opinion below on the amendments proposed by Parliament.  

2. 

BACKGROUND 

Date of transmission of the proposal to the EP and the Council  

4 March 2004 

(document COM(2004)143 final – C6-311/2006 - 2004/0049(COD)): 

Date of the opinion of the European Economic and Social Committee: 

9 February 2005 

Date  of 
A6 – 0123/2005 

the  opinion  of 

the  European  Parliament,  first  reading:  

28 September 2005 

Date of adoption of the common position: 

24 July 2006 

Date  of  the  opinion  of  the  European  Parliament,  second  reading:  
A6 – 0479/2006 

18 January 2007 

3. 

OBJECTIVE OF THE COMMISSION PROPOSAL 

The  proposal  for  a  Regulation  of  the  EP  and  of  the  Council  on  International  Rail 
Passengers' Right and Obligations is one of four measures proposed in 2004 in the context 
of  the  Third  Railway  Package  together  with  proposals  on  a  certification  system  for  train 
drivers, on the quality of rail freight services and on market opening of the international rail 
passengers transport services. Rail passenger rights are in line with the ideas laid down in the 

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Commission  Communication  Strengthening  Passenger  Rights  within  the  European 
Union1. The regulation introduces passenger rights already applied in the aviation sector. 

The regulation will lay down provisions on the minimum requirements for information to be 
provided  to  passengers  before,  during  and  after  their  journey  plus  ticketing;  liability  of 
railway  undertakings  in  cases  of  accidents;  compensation  and  ad-hoc  assistance  in  case  of 
delays or cancellation of services; the conditions under which persons with reduced mobility 
shall be offered assistance. Further on the regulation obliges to foresee a complaint handling 
mechanism and the mandatory installation of enforcement bodies.  

4. 

OPINION OF THE COMMISSION ON THE AMENDMENTS ADOPTED BY 
THE PARLIAMENT 

The Parliament has made certain changes to the Common Position that are mostly acceptable 
because  they  favour  the  approach  taken  by  the  Commission  in  its  proposal  and  address  the 
Commission’s concerns in relation to the weak commitment by station managers and railway 
undertakings concerning assistance to be made available to persons with reduced mobility. 

The  Commission  is  however  also  aware  that  the  question  of  the  scope  of  the  regulation, 
mainly  international  rail  transport  services  as  the  Council  defends  or  all  EU  rail  passenger 
transport, including national services, as requested by the  European Parliament, remains the 
stumbling  point  to  be  solved  before  regulation's  final  adoption.  Although  the  Commission 
favours  a  wide  scope  to  the  benefit  of  a  large  number  of  passengers,  it  is  ready  to  offer  all 
possibly assistance in order to find a workable compromise. 

With two exceptions the Commission can thus accept all the amendments proposed by 
the European Parliament. It refuses however amendment 44, which introduced a legal 
obligation  into  this  legislation  requiring  railway  operators  and  station  managers  to 
render stations and trains accessible for persons with reduced mobility. Further on the 
Commission  refuses  the  part  of  amendments  59  and  69  offering  railway  undertakings 
the  possibility  to  request  a  fee  for  transporting  wheelchairs  or  baby  carriages  from 
passengers needing such equipment for reasons of mobility. 

Amendments on scope (1, 2, 3, 4, 5, 6, part of 8, 9, 10, 11, 13, 14, 17, 18, 19, 20, 21, 22, 23, 
27, 28, 29, 58, 59 and 69): The Commission can align itself to amendments concerning the 
extension  of  the  scope  to  domestic  services  or  any  compromise  to  be  found  with  Member 
States  on  this  question.  The  Commission  has  no  difficulties  with  the  request  to  transport 
bicycles and sports equipment against charge. 

Amendments on liability (part of 8, 32, 34, 35, 50, 60, 63, and 64): The Commission accepts a 
request for unlimited liability in case of fault or negligence of railway undertakings, whereas 
the  Council's  Common  Position  based  on  COTIF/CIV  allows  for  national  thresholds.  The 
wording  of  the  sole  interlocutor  provision  will  need  clarification,  because,  against  the  EP's 
own justifications, it seems to restrict passenger's freedom to claim damage. 

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Communication  from  the  Commission  to  the  European  Parliament  and  the  Council  Strengthening 
passenger rights within the European Union, COM(2005)46 final of 16.2.2005 

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Amendments in relation to rights of persons with reduced mobility (7, 25, 42, 43, 44, 45, 46, 
47, 48, 49 and 66): The Commission appreciates, in particular, the re-enforcement of the of 
station managers' duties in unstaffed stations.  

Amendments on delay compensation and assistance (24, 36, 37, 38, 39, 40, 41 and 54): The 
Commission accepts the EP clarification requests, in particular, concerning tickets giving an 
unlimited access right during a limited period of time to routs or networks ("season tickets").  

Amendment on information & ticketing, quality and enforcement (12, 16, 26, 30, 31, 55, 56, 
61  and  68):  The  Commission  accepts  these  amendments  and  appreciates,  in  particular,  the 
EP's support for the monitoring of quality performance. 

Amendments on comitology procedure (15 and 57): These amendments align the comitology 
provisions to Council Decision 2006/512/EC of 17 July 2006.  

5. 

CONCLUSION 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out 
above. 

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