Commission staff working document - Accompanying document to the proposal for a regulation of the European Parliament and of the Council on the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws - Impact assessment {COM(2008) 817 final} {SEC(2008) 2954}
Date: 2008-12-04
Institutions: European Commission
Subjects: bus, carriage of passengers, consumer protection, public transport, single market, transport accident, transport policy, transport safety

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 4.12.2008 
SEC(2008) 2953 

COMMISSION STAFF WORKING DOCUMENT 

Accompanying document to the 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the rights of passengers in bus and coach transport and amending Regulation (EC) 
No 2006/2004 on cooperation between national authorities responsible for the 
enforcement of consumer protection laws 

IMPACT ASSESSMENT 

{COM(2008) 817 final} 
{SEC(2008) 2954} 

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TABLE OF CONTENTS 

1. 

1.1. 

1.2. 

2. 

Procedural issues and consultation of interested parties .............................................. 4 

Purpose......................................................................................................................... 4 

Consultation and expert report ..................................................................................... 5 

Defining the problem ................................................................................................... 6 

2.1. 

Project background....................................................................................................... 6 

2.2.  What are the main problems identified ........................................................................ 7 

2.2.1.  Unequal footing with other modes of transport ........................................................... 7 

2.2.2.  Fragmentation of legislation ........................................................................................ 7 

2.2.3.  An "atomized" market.................................................................................................. 8 

2.2.4.  Persons with disabilities and ageing population .......................................................... 8 

2.2.5. 

Insufficiency of the current legislative framework ...................................................... 9 

2.2.6.  Passengers .................................................................................................................. 10 

2.2.7.  Bus and coach operators............................................................................................. 10 

2.2.8.  Other sectors............................................................................................................... 11 

2.3. 

Scrutiny of the EU's right to act ................................................................................. 11 

3. 

OBJECTIVES AND KEY ELEMENTS OF THE PROPOSED POLICIES............. 11 

3.1.1.  Consumer protection .................................................................................................. 11 

3.1.2.  Cohesion..................................................................................................................... 12 

3.1.3.  Common Transport Policy ......................................................................................... 12 

3.1.4.  Social inclusion .......................................................................................................... 12 

3.1.5.  Single market ............................................................................................................. 13 

3.2. 

3.3. 

4. 

4.1. 

4.2. 

Specific objectives pursued by the Commission........................................................ 13 

Key elements of the proposed policies....................................................................... 14 

DEFINITION OF DIFFERENT POLICY OPTIONS/ ALTERNATIVES ............... 15 

Option 1 - no policy option ........................................................................................ 16 

Option 2 - Standard protection scenario..................................................................... 19 

4.2.1.  Rights of persons with reduced mobility ................................................................... 20 

4.2.2.  Liability of operators in the event of death or injury ................................................. 21 

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4.2.3.  Quality of service and assistance in case of cancellation, delays and denied boarding

.................................................................................................................................... 21 

4.2.4.  Complaint handling and enforcement ........................................................................ 21 

4.3. 

Option 3 - Enhanced protection scenario (both I international and II domestic)....... 21 

4.3.1.  Rights of persons with reduced mobility ................................................................... 21 

4.3.2.  Liability of operators in the event of death or injury ................................................. 22 

4.3.3.  Quality of service and assistance in the event of cancellation, delays and denied 

boarding...................................................................................................................... 22 

4.3.4.  Complaint handling and enforcement ........................................................................ 23 

4.4. 

Option 4 - Self-regulation scenario ............................................................................ 23 

5. 

ANALYSIS OF THE IMPACTS............................................................................... 24 

5.1. 

Economic impacts ...................................................................................................... 24 

5.1.1.  Option 1 – No policy option....................................................................................... 24 

5.1.2.  Option 2 – Standard protection scenario.................................................................... 24 

5.1.2.1.  Liability of operators in the event of personal injury or damage to baggage ............ 24 

5.1.2.2.  Disabled persons and persons with reduced mobility ................................................ 26 

5.1.2.3.  Quality standard and obligation to inform ................................................................. 27 

5.1.3.  Option 3.I - Enhanced protection scenario (international only)................................. 28 

5.1.3.1.  Liability of operators in the event of personal injury or damage to baggage ............ 28 

5.1.3.2.  Disabled persons and persons with reduced mobility ................................................ 29 

5.1.3.3.  Compensation and assistance in case of cancellations, delays and denied boarding. 33 

5.1.3.4.  Quality of service and information obligation ........................................................... 34 

5.1.3.5.  Complaint handling service and monitoring .............................................................. 34 

5.2. 

Option 3.II - Enhanced protection scenario (both international and domestic) ......... 36 

5.2.1.  Option 4 - Self-regulation scenario ............................................................................ 39 

5.3. 

Social impacts ............................................................................................................ 40 

5.3.1.  Option 1...................................................................................................................... 40 

5.3.2.  Option 2...................................................................................................................... 40 

5.3.3.  Option 3.I ................................................................................................................... 41 

5.3.4.  Option 3.II .................................................................................................................. 43 

5.3.5.  Option 4...................................................................................................................... 43 

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5.4. 

5.5. 

Environmental impacts............................................................................................... 43 

Value added of the EU action .................................................................................... 45 

5.5.1.  Options 1 and 4 .......................................................................................................... 45 

5.5.2.  Option 2...................................................................................................................... 45 

5.5.3.  Option 3.I ................................................................................................................... 46 

5.5.4.  Option 3.II .................................................................................................................. 47 

5.6. 

5.7. 

5.8. 

6. 

6.1. 

6.2. 

6.3. 

Subsidiary and proportionality of options.................................................................. 47 

Impact on SMEs......................................................................................................... 48 

Administrative costs................................................................................................... 49 

Key Conclusions of the Impact Assessment .............................................................. 50 

Principle of non-discrimination and assistance to disabled people and those with 
reduced mobility......................................................................................................... 50 

Principle of liability of operators in the event of death or injury of passengers ........ 52 

Quality standards / information obligations / compensation and assistance in case of 
cancellations, delays and denied boarding ................................................................. 53 

6.4. 

Final conclusions:....................................................................................................... 54 

7. 

7.1. 

7.2. 

7.3. 

CONSIDERATIONS ON THE IMPLEMENTATION OF THE PROPOSED 
POLICY OPTION...................................................................................................... 55 

Implementation and level of compliance ................................................................... 55 

Risk of failure............................................................................................................. 55 

Outline of possible monitoring tools.......................................................................... 55 

1. 

PROCEDURAL ISSUES AND CONSULTATION OF INTERESTED PARTIES 

1.1. 

Purpose 

This  impact  assessment  has  been  prepared  with  a  view  to  examining  the  necessity  for  and 
desirability of establishing and/or extending the legislation granting rights to passengers in the 
international bus and coach sector. It focuses in particular on the three main areas of concern 
highlighted by the Commission in its policy documents, namely 1) the rights of persons with 
reduced  mobility;  2)  liability  issues  (insurance  system  in  the  event  of  death  or  injury);  3) 
compensation and assistance to passengers in the event of delay or cancellation. 

In assessing the impacts, consideration has been given to the list of possible kinds of impact 
identified  in  the  Impact  Assessment  Guidelines.  However,  as  also  recommended  in  the 
guidelines,  the  impact  assessment  has  taken  into  account  the  principle  of  proportionate 
analysis and has focused on the most significant forms of impact and their distributive effects. 
Whenever possible, quantified estimates have been provided. 

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1.2. 

Consultation and expert report 

Before  drafting  the  legislative  proposals  and  the  present  report,  a  public  consultation  was 
conducted  in  order  to  gather  as  many  comments  and  suggestions  as  possible  from  the 
individuals  and  bodies  concerned.  This  exercise  complied  with  the  minimum  standards  for 
consultation  of  interested  parties  as  set  out  in  the  Commission  Communication  of  11 
December 2002 (COM (2002) 704 final). 

In July 2005 the Commission launched a public consultation based on the Commission Staff 
Working  Paper  “Rights  of  Passengers  in  International  Bus  and  Coach  Transport”.  The 
Commission  received  57  responses  to  the  working  paper  from:  Member  State  governments 
(14),  European  organisations  (12),  national  organisations  (20),  companies  (9)  and  other 
contributors (2). 

Many  of  the  contributions  drew  the  Commission’s  attention  to  the  specific  and  distinctive 
features  of  the  bus  and  coach  sector.  They  mentioned  a  whole  range  of  factors  that  set  this 
mode of transport apart from air and rail. For example: it does not own the infrastructure or 
maintain  contractual  relations  with  infrastructure  managers;  there  are  more  factors  which 
could  cause  delays  and  interruption  of  journeys  (i.e.  traffic  congestion,  road  and  border 
checks, and waiting time at borders); services are provided mostly by small and medium-sized 
enterprises  with  limited  financial  means;  local  and  regional  services  play  a  particular  role; 
and, lastly, this mode of transport provides services close to the end-customer, adjusts quickly 
to  needs  of  passengers  and  makes  specialised  services  available  for  persons  with  reduced 
mobility.  

The  contributions  received  revealed  a  clear  division  between  bus  and  coach  operators  and 
their associations and federations on the one hand and consumer associations on the other. As 
a  general  rule,  bus  and  coach  operators  see  no  need  -  or  only  a  very  limited  need  -  for 
regulation at EU level, whereas consumer associations call for extensive rights for passengers. 
Most  of  the  replies  received  from  Member  States  governments  supported  a  further 
strengthening of protection in the  bus and coach  sector. However,  very  clear concerns  were 
also expressed regarding the economic and organisational pattern of this industry, and there 
was  either  unanimity  about  the  scope  of  regulation  nor  on  whether  to  include  or  exclude 
particular types of service, in particular local and regional services.  

Consumer associations feel that the level of consumer protection is far from sufficient. They 
consider that on-going initiatives concerning self-regulation and voluntary commitments may 
be beneficial for consumers, but are insufficient because they are non-binding. They believe, 
as  a  matter  of  principle,  that  bus  and  coach  passengers  should  enjoy  the  same  level  of 
protection as passengers in other modes of transport, which is not yet the case.  

One issue that is clearly of great interest is the case of persons with reduced mobility using 
this  mode  of  transport.  Many  responses  went  into  great  detail,  reflecting  the  depth  of 
constructive thought which has already been devoted to solving this problem. However, there 
was no unanimity between respondents on the scope of the problem and the means to address 
it. Some operators pointed to the increased cost and limited feasibility for a whole fleet and 
indicated  that  viable  alternatives  do  exist  for  disabled  persons  and  persons  with  reduced 
mobility (specialised bus and coach companies). 

The  operators'  main  arguments  are  that  the  current  economic  situation  does  not  allow  any 
additional  burden  to  be  imposed,  that  there  is  no  real  need  for  regulation  and  that,  in  any 
event, a large number of issues have already been addressed, either by national legislation or 

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by voluntary commitments which the operators themselves have entered into. Some Member 
States are also concerned that any increase in regulatory burdens could result in rising fares 
and  be  passed  on  to  consumers.  This  should  be  borne  in  mind,  particularly  when  drafting  a 
legislative proposal. Concerns were also voiced that some of the provisions for compensation 
in  the  event  of  delay  could  undermine  safety.  A  number  of  stakeholders  expressed  a 
preference for simplification, harmonisation and better application of existing rules. 

The consultation was concluded with the publication of the Report on the results of the public 
consultation  and  of  the  stakeholders'  meeting  held  in  Brussels  on  30  March  2006.  The 
consultation  paper,  the  contributions  received,  a  summary  of  these  contributions  and  the 
stakeholders  meeting  report  are  available  on  the website “Your voice  in  Europe” and at the 
following internet address: 

http://ec.europa.eu/transport/road/consultations/passengers_rights_en.htm 

In  July  2006,  the  Commission  received  the  opinion  of  the  European  Energy  and  Transport 
Forum encouraging Community action concerning the rights of bus and coach passengers. 
The  Commission  commissioned  an  impact  assessment  study  from  PricewaterhouseCoopers 
Italy  on  the  establishment  of  the  rights  of  bus  and  coach  passengers.  The  outcome  of  that 
study,  which  assesses  specific  impacts  and  compares  various  options  in  the  light  of  the 
objectives pursued, serves as the basis for this paper.  
Other  outside  sources  of  expertise,  such  as  previous  studies  carried  out  as  part  of  research 
programmes  or  commissioned  directly  by  the  European  Commission,  are  referenced  in  the 
text of the document. 
An  Interservice  Steering  Group  was  set  up  in  order  to  guide  the  work  of  the  impact 
assessment.  The  group consisted of  representatives  of  DGs  that  had  responded  positively  to 
the invitation from DG TREN, namely: the Secretariat General, DG MARKT, DG JLS, DG 
EMPL, DG SANCO, DG ENTR, DG ENV, DG ECFIN, DG RTD and DG TRADE. 
The  Impact  Assessment  was  submitted  to  the  Impact  Assessment  Board  that  issued  its 
opinions on 7 November 2007 and 7 May 2008 in which it suggested necessary modifications 
and  improvements  of  the  document.  These  suggestions  concerned  more  detailed  analysis  of 
subsidiarity  and  proportionality  of  the  proposal  including  demonstration  of  insufficiency  of 
present  legislative  framework  and  analysis  of  some  of  economic  costs  and  benefits.  These 
suggestions  were  incorporated  into  the  text  except  for  separate  analysis  of  international  and 
domestic services for option 2 where the cost and benefits are largely the same. 

2. 

DEFINING THE PROBLEM 

2.1. 

Project background 

Over the last 30 years, the phenomenon of passenger mobility has increased considerably. In 
fact, since the 1970s it has doubled. This trend is due to several factors, but three in particular 
stand out: economic growth, lower travel costs and progress towards “the creation of an area 
without internal frontiers”1.  

However,  liberalisation  of  transport  services  and  the  growth  in  travel  have  not  always  been 
accompanied  by  adequate  measures  to  protect  passenger  rights.  As  their  numbers  have 
increased,  passengers  have  faced  difficult  situations,  including  cancellations,  overbooking, 

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Article 2 of the Treaty on European Union  

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loss  of  luggage  and  delays.  In  addition,  they  are  subjected  to  strict  formalities  (controls, 
registration)  and  they  have  already  paid  for  their  tickets.  Bus  and  coach  passengers,  in 
particular,  still  do  not  enjoy  the  same  passenger  rights  as  for  other  modes  of  transport, 
especially air transport. Coach passenger rights are not yet covered by Community legislation, 
and customers therefore have to rely on national liability schemes, fair trading legislation and 
voluntary customer care commitments by operators. In contrast to other modes there are few 
international  agreements  concerning  passenger  rights  in  bus  and  coach  transport  that  are 
binding on Member States. 

Furthermore,  for  international  journeys,  certain  issues  are  not  always  clear,  such  as:  which 
national  legislation  applies,  who  has  liability,  and  how  can  passengers  initiate  proceedings 
and enforce their rights before the courts in the different Member States.  

The Commission has already recognised the need to extend passenger protection measures to 
modes of transport other than air2. The outcome of the public consultation clearly proved that 
there was room for substantial improvement of the situation currently faced by bus and coach 
passengers. 

2.2.  What are the main problems identified 

This mode of transport exhibits a number of distinctive features which affect both operators 
and passengers. 

2.2.1.  Unequal footing with other modes of transport 

Passengers  in  other  modes  of  transport,  particularly  air  passengers,  already  enjoy  a  set  of 
rights established at Community level providing for adequate protection in cases where their 
journey  is  interrupted  (liability  of  operator  for  death/injury/lost  and  damaged  baggage; 
compensation/assistance in the event of cancellation/delays/denied boarding). 

Unlike other modes of transport there are neither international agreements (with the exception 
of  CVR3,  which  has  been  ratified  by  three  Member  States:  Czech  Republic,  Slovakia  and 
Latvia)  nor  Community  legislation  establishing  passenger  rights.  At  present,  in  contrast  to 
other  modes  of  transport,  coach  and  bus  passengers  are  not  covered  by  an  international 
agreement on liability. For bus and coach services, there is an international convention, which 
has been ratified by only three Member States:  

2.2.2.  Fragmentation of legislation 

Protection of bus and coach passengers varies from one Member State to another. Passengers 
have to rely on national liability schemes, fair trading legislation and voluntary customer care 
commitments by operators. Operators in some countries have developed extensive voluntary 
agreements,  including  appropriate  complaint  handling  and  dispute  resolution  mechanisms; 
however, this is not a case for the majority of Member States. This state of affairs prevents 
fair  competition  between  operators  from  different  Member  States  and  with  other  modes  of 

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White  Paper  “European  Policy  for  2010:  Time  to  decide”  COM(2001)  370  final;  “Strengthening 
passenger rights within the European Union” COM(2005) 46 final. 
United  Nations  Economic  Commission  for  Europe  Convention  on  the  Contract  for  the  International 
Carriage of Passengers and Luggage by Road 

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transport. The compensation/assistance schemes in the event of an interrupted journey are not 
generalised across the EU. 

2.2.3.  An "atomized" market 

The  market  is  characterized  by  a  large  number  of  enterprises  providing  bus  and  coach 
transport services which offer different levels of passenger care and service quality. Passenger 
care  varies  from  one  operator  to  another  and  depends  largely  on  national  legislation  and 
voluntary  agreements  that  enterprises  may  have  contracted.  In  many  instances,  this  state  of 
affairs prevents passengers from making informed choices as to the level of service they are 
likely to receive.  

Generally  there  is  little  information  available  to  passengers  as  to  how  and  where  they  can 
lodge complaints, or avail themselves of inexpensive and non-cumbersome dispute resolution 
mechanisms in other Member States. 

2.2.4.  Persons with disabilities and ageing population 

In  general,  passengers  using  this  type  of  transport  tend  to  be  "vulnerable",  i.e.  on  low 
income/geographically isolated. However, availability of bus and coach services for persons 
with  disabilities  and  reduced  mobility  is  limited,  and  this  may  hamper  their  integration  into 
society.  Persons  with  disabilities  make  up  almost  10%  of  the  population4  and  persons  with 
reduced mobility constitute an even larger percentage of existing or potential coach and bus 
users.  Persons  with  reduced  mobility  include:  persons  with  disabilities,  the  elderly,  and 
persons with temporary disabilities. 

In spite of the progress achieved in many Member States5, disabled persons and persons with 
reduced  mobility  are  still  not  getting  appropriate  assistance  when  travelling  or  appropriate 
access to transport services. Furthermore, the  Community  and  its Member States signed the 
United  Nations  Convention  on  the  Rights  of  Persons  with  Disabilities,  which  provides  for 
accessibility of, inter alia, transport facilities and non-discrimination on grounds of disability. 

Due  to  the  ageing  of  the  population  and  the  large  proportion  of  disabled  persons,  there  is  a 
need to ensure that bus and coach services are accessible to these groups. Currently, this mode 
of  transport  is  not  accessible  enough,  except  for  dedicated  services.  However,  in  the  near 
future, more and more people will be affected by disabilities and reduced mobility. The need 
to ensure their mobility will increase significantly. 

4 
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COMM (2005) 46 final – “Strengthening passenger rights within the European Union” 
The  following  countries  have  developed  disability  rights  legislation  within  the  last  15  years:  Sweden 
(1979 and 1985): Legislation on public transport to be adapted to needs of disabled persons; Italy (1992 
and  2001):  Law  on  Assistance,  Social  Integration  and  Rights  of  Disabled  People.  (1996)  Law  on 
Accessibility  of  Buildings,  Public  Transport  and  Services;  UK  (1995  and  2005)  Disability 
Discrimination  Act  (DDA);  Germany  (2002):  Act  on  equal  opportunities  for  disabled  persons;  Spain 
(2003):  National  Law  for  equal  opportunities,  non  discrimination  and  universal  accessibility;  The 
Netherlands  (2002):  Act  on  Equal  Treatment  on  the  Grounds  of  Handicap  or  Chronic  Illness;  France 
(2005):Law  on  Equal  Rights  and  Opportunities,  Participation  and  Citizenship  of  Disabled  Persons; 
Ireland (2005): Disability Act. Austria (2006): Disability Equality Package. 

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According to OECD estimates on the ageing of the population in EU 256 the percentage of the 
population  aged  over  85  years  will  rise  to  4.7  %  for  men  and  7.6%  for  women  in  2050 
compared with 1% and 2.5% respectively in 2000. 

2.2.5. 

Insufficiency of the current legislative framework 

The  current  legislative  framework  creates  real  problems  for  international  and  domestic 
passengers. The cross-border problems need to be assessed primarily from the point of view 
of  the  passenger  undertaking  international  travel.  For  passengers,  there  are  big  differences 
between bus and coach industry. In the first place, these stem from national legislation, which 
differs  from  one  Member  State  to  another,  resulting  in  different  levels  of  passenger 
protection;  secondly,  bus  and  coach  transport  is  on  an  unequal  footing  with  other  modes  of 
transport,  notably  air  and  rail,  where  passengers  already  benefit  or  will  benefit  from  a  high 
and  uniform  level  of  protection.  The  real  cross-border  problems  may  involve  issues  of 
applicable legislation and the competent court/body before which a passenger may claim his 
rights in the event of an accident or improper performance of a carriage contract etc.  

Differences  between  liability  systems  in  the  Member  States  may  also  result  in  different 
amounts  of  damages  received  in  the  case  of  an  accident.  Generally  there  are  no  automatic 
solutions  in  place  for  the  benefit  of  victims  of  accidents.  Victims  of  accidents  in  another 
Member  State tend  to  face  a  number of substantial problems: additional expenses related to 
medical  treatment,  transportation,  visits  by  families  etc.  Disabled  persons  and  persons  with 
reduced mobility receive different levels of assistance, which makes their international travel 
more difficult (problems with boarding, changing from one mode of transport to another, etc. 
in  Member  States  that  offer  lower  levels  of  protection  and  assistance,  thus  making  their 
journey virtually impossible when they cannot expect a comparable level of assistance at the 
beginning of their travel in one Member State and the end in another MS). On the basis of a 
public  consultation  with  stakeholders  and  an  impact  assessment  study  it  may  be  concluded 
that national current provisions appear insufficient as regards: 

- Effective protection of passengers in the event of death and injury, as there is generally no 
provision  in  national  legislation  for  automatic  and  speedy  solutions,  such  as  advance 
payments to cover the immediate economic needs of victims of an accident;  

-  Limited  liability  rules  applicable  in  the  case  of  loss  or  damage  to  luggage  or  mobility 
equipment 

-  Rights  of  people  with  disabilities  –  not  all  Member  States  have  developed  legislation 
addressing  accessibility  and  assistance  issues  sufficiently.  This  can  give  rise  to  substantial 
problems  in  international  travel  where  passengers  with  impaired  mobility  may  receive  a 
differing level of protection in another Member State;  

-  Procedures  for  handling  complaints  differ  from  one  Member  State  to  another:  it  is  often 
unclear where and how passengers can enforce their rights in another Member State. 

1.1.  Who is affected?  

Passengers and operators, and possibly other sectors, will be affected. 

6 

Source:  OECD  Demographic  and  Labour  Force  database,  used  in  OECD(2007),  Society  at  a  Glance: 
OECD  Social  Indicators  2006  (www.oecd.org/els/social/indicators/SAG  >see  indicators  GE2  Age 
dependency ratio). 

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2.2.6.  Passengers 

Within the EU15, 46.6 million passengers used bus and coach transport for international trips 
in  2005,  amounting  to  30.8  billion  passenger  kilometres  (table  1).  In  total,  72.8  millions 
passengers accounted for 43.5 billion million passenger kilometres. 

Table 1 - Volume of international passenger transport by bus and coach in 2005* 

Number 
 (millions) 

of 

passenger

Passenger-kilometers  
billion 

intra EU15  

intra CEEC  

Between EU15 and CEEC 

Total 

46.6 

13.1 

13.1 

72.8 

30.800 

4.800 

7.900 

43.500 

* Theses figures include both scheduled and non-scheduled international services. 

Note: CEEC: EE, LV, LT, PL, CZ, HU, SK, SI, BG, RO 

Source: TEN-STAC study results (2005) 

Passengers, including disabled persons and persons with reduced mobility are affected – see 
point 2.2; at least 10% of the population experience disability problems or reduced mobility. 

2.2.7.  Bus and coach operators 

The bus and coach sector employs 1.382.514 persons in 244.285 enterprises7 The vehicle fleet 
(buses and coaches) in the EU totals 723.7008.  

The average size of companies is small; most of them have 1 or 2-10 vehicles.9 Overall, some 
26%  of  companies  have  only  one  bus  or  coach,  50%  of  companies  have  between  2  and  10 
vehicles, 22% have between 11 and 50 vehicles and 2% have more than 50 vehicles. The size 
distribution is similar to the size distribution in domestic transport. 

European  bus  and  coach  companies  providing  long  distance  domestic  and  international 
scheduled  services,  and  also  domestic  and  international  coach  tour  companies,  occupy  the 
main market segments in the bus and coach industry. See Table 2: Main market segments of 
the bus and coach industry  

Short  distance  scheduled  services,  private  hire and  school  transport  services  fall  outside  the 
scope of this impact assessment. It was estimated that in EU27 in 2004 the total revenues of 
enterprises offering scheduled long distance coach services amounted to EUR980.5 million10 
The holidays and tours sector accounts for about 18.3% of the EU27 bus and coach industry’s 
revenue. 

7 

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EU Energy and Transport in Figures, Statistical Pocketbook 2004. No data available for some Member 
States  
Data for 2002 
Source: IRU, NEA "A study to update road transport statistics in Europe" May 2006 
Source: PriceWaterhouseCoopers " Impact Assessment Study on the legislative proposal on the rights 
of passengers in international bus and coach transport" 2007 

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2.2.8.  Other sectors 

Bodies  managing  coach  terminals  in  Member  States  may  be  affected  by  EU  action. 
Depending  on  the  option  selected,  they  may  incur  part  of  the  cost  of  assistance  offered  to 
disabled  persons  and  persons  with  reduced  mobility.  The  coachwork  manufacture  industry 
may experience some impacts which depend largely on the option selected. Associated costs 
and  benefits  may  result  from  the  mandatory  requirement  for  new  fleet  of  vehicles  to  be 
accessible  for  disabled  persons  and  persons  with  reduced  mobility.  Lastly,  the  tourism 
industry  will  also  be  affected.  The  holidays  and  tour  sector  using  bus  and  coach  services 
generated total revenues of EUR10.163 billion in 200411 

2.3. 

Scrutiny of the EU's right to act 

The European Union has the power to act on passengers' rights issues, according to the legal 
basis established for either transport regulation or consumer protection. The legal basis in the 
field  of  transport  policy  is  enshrined  in  Articles  70  to  80  of  the  Treaty  establishing  the 
European  Community.  Article  71  of  the  Treaty,  in  particular,  states  that  for  the  purpose  of 
implementing  the  transport  policy,  the  Council  shall  lay  down,  inter  alia:  (a)  common  rules 
applicable  to  international  transport  to  or  from  the  territory  of  a  Member  State  or  passing 
across the territory of one or more Member States and (d) any other appropriate provisions. 
The establishment of the rights of passengers in other modes of transport (air, rail) was based 
on the Treaty provisions on transport policy. However, the European Union also exercises its 
powers in the field of consumer protection (Article153, paras 1-2) or may legislate by virtue 
of the rules on the approximation of laws (Articles 94, 95 and 153). The choice of the legal 
basis is therefore largely determined by the scope and subject matter of the legislative act. 

3. 

OBJECTIVES AND KEY ELEMENTS OF THE PROPOSED POLICIES 

The main objectives of establishing the rights of  passengers are underpinned by the  general 
objectives  of  the  European  Union  in  terms  of  a  high  level  of  customer  protection,  social 
inclusion  of  different  social  groups  and  ensuring  the  movement  of  persons  within  the 
European Union.  

3.1.1.  Consumer protection  

The Treaty establishing the European Union provides in Article 3 (1) (t) that the Community 
should  contribute  to  the  strengthening  of  consumer  protection  In  this  respect,  the 
establishment  of  passenger  rights  in  bus  and  coach  transport  meets  this  objective. 
Establishment  and  further  strengthening  of  the  rights  of  passengers  is  in  line  with  the  high 
priority given by the Amsterdam Treaty to the protection of consumers. In its Communication 
"EU Consumer Policy strategy 2007-2013: empowering consumers, enhancing their welfare, 
effectively  protecting  their  identified  objectives  and  priorities"12  the  Commission  states  that 
one of the priorities is to put consumers at the heart of other EU policies. The Communication 
notes  that  progress  has  been  made  in  the  integration  of  consumer  interests,  inter  alia,  in  air 
transport. The aim for the future is to build on these achievements in order to make integration 
of  consumer  interests  more  systematic.  Therefore,  the  Commission  is  extending  passenger 

11 

12 

Source: PriceWaterhouseCoopers " Impact Assessment Study on the legislative proposal on the rights 
of passengers in international bus and coach transport" 2007 
COM(2007)99 final 

EN 

11 

   EN 

 
                                                 
rights  developed  in  the  air  sector  to  other  transport  modes,  in  particular  in  relation  to 
passengers with reduced mobility.  

3.1.2.  Cohesion 

Under  the  terms  of  the  Treaty  (Art.  3  (1)(k),  the  Community  has  a  duty  to  strengthen 
economic and social cohesion within the EU. Bus and coach passengers in general belong to 
social  groups  that  are  vulnerable  in  terms  of  income  and  age,  but  also  due  to  disability  or 
reduced mobility. Reinforced protection may therefore serve to improve their social inclusion. 
In fact, coach travel is particularly important to social groups without a car, without full time 
employment,  those  on  low  income,  the  young  and  the  elderly.  A  recent  survey  carried  out 
among 'National Express’13 customers produced the following conclusions: 

•  70% of customers are not in full-time employment; 

•  38% are retired or not working; 

•  (only) 30% are aged 25-49; 

•  23% are students and 9% are in part-time employment; 

•  (almost) 50% do not hold a driving licence. 

Furthermore, the development of international coach services is closely linked to immigration. 
In  most  cases,  these  migrant  populations  are  in  the  low-income  bracket  and  return  to  their 
home country at regular intervals by means of scheduled international coach services.  

3.1.3.  Common Transport Policy 

Article  3(1)(f)  of  the  Treaty  stipulates  that  the  Community  should  strive  to  achieve  its 
objectives by means of a common policy in the sphere of transport. The rights of passengers 
in other modes of transport, including air and rail, have become an integral part of this policy. 

The  objectives  should  remain  in  line  with  policies  managed  by  the  European  Union  with 
regard to abovementioned objectives of the Community. 

3.1.4. 

Social inclusion 

With  regard  to  combating  social  exclusion,  the  Lisbon  European  Council  (March  2000) 
agreed on the need to define policies for combating social exclusion based on an open method 
of  coordination,  combining  common  objectives,  national  action  plans  and  a  programme 
presented  by  the  Commission  to  encourage  co-operation  in  this  field.  In  March  2006,  the 
European  Council  adopted  a  new  framework  for  the  social  protection  and  social  inclusion 
process  (OMC:  Open  Method  of  Co-ordination).  The  proposal  regarding  the  rights  of 
passengers  in  international  bus  and  coach  services  is  consistent  with  the  objectives  of  the 
OMC,  as  it  establishes  the  principle  of  non-discrimination  and  assistance  in  respect  of 
disabled persons. The proposal is also in line with Article 21 of the Charter of Fundamental 
Rights. Furthermore, it remains in conformity with Article 13 of the EC Treaty which enables 
the Community to combat discrimination in areas of Community competence.  

13 

National Express is the main coach company in the UK. 

EN 

12 

   EN 

 
                                                 
3.1.5. 

Single market 

Lastly,  the  proposal  would  allow  passengers  to  enjoy  improved  protection  so  as  to  benefit 
fully from the Single Market. Within the Internal Market, passengers should not only benefit 
from the wide range of services, but also enjoy adequate protection of their economic interests 
as users. This proposal ensures that citizens, including those with reduced mobility, can make 
full  use  of  the  benefits  of  the  single  market  and  have  the  confidence  to  use  them.  The  EU 
consumer policy dimension is at the heart of the next phase of the internal market, as set out 
in  the  Commission's  communication  to  the  2007  Spring  European  Council  on  the  Single 
Market Review14. The single market generates benefits for consumers by widening choice and 
lowering prices, and providing adequate protection. In this respect, the establishment of bus 
and  coach  passengers'  rights  will  complement  the  progress  achieved  in  the  transport  sector 
within the framework of European Single Market. 

3.2. 

Specific objectives pursued by the Commission 

To address the problems faced by passengers, the Commission has already taken a number of 
policy initiatives. In the White Paper “European transport policy for 2010: time to decide” the 
European  Commission  envisaged  the  establishment  of  passengers’  rights  in  all  modes  of 
transport.  In  its  Communication  on  strengthening  passengers'  rights  within  the  European 
Union, the Commission presented a policy approach  on  how to extend  passenger protection 
measures to modes of transport other than air transport. The Commission identified the rights 
that needed to be strengthened by the Community action regardless of the means of transport 
used: a) rights of persons with reduced mobility, b) automatic and immediate solutions when 
travel is interrupted, c) liability in the event of death or injury of passengers, d) treatment of 
complaints  and  means  of  redress,  e)  passenger  information  and  f)  other  initiatives.  With 
regard  to  international  coach  transport,  the  Commission  highlighted  three  main  areas  of 
concern:  1)  the  rights  of  persons  with  reduced  mobility,  2)  liability  issues  and  3) 
compensation  and  assistance  in  the  event  of  interrupted  travel.  In  particular,  the  specific 
objectives include: 

•  Asserting  the  principle  of  non-discrimination  and  assistance  to  disabled  persons  and 

persons with reduced mobility; 

•  Asserting  the  principle  of  liability  of  operators  in  the  event  of  death  or  injury  of 

passengers; 

•  Ensuring  a  level  of  quality  standards  of  services,  defining  information  obligations  and 

asserting the principle of assistance in the event of cancellations, delays, etc; 

•  Setting up a procedure for handling complaints 

•  Ensuring appropriate enforcement. 

14 

A  Single  Market  for  Citizens:  interim  report  to  the  2007  Spring  European  Council  Brussels  COM 
(2007) 60, 21.2.2007 

EN 

13 

   EN 

 
                                                 
3.3. 

Key elements of the proposed policies 

The  table  below  summarizes  key  elements  of  the  policy  options,  including  their  detailed 
scope. Further on in this paper these key elements are considered in the light of policy options 
and the different degrees of EU intervention are examined. 

Key element of policies 

Content 

of 

non-
Principle 
discrimination 
and 
assistance to disabled people 

Principle  of  liability  of  the 
operators  in  the  event  of 
death 
of 
or 
passengers 

injury 

•  Non–discrimination  clause: 

reservation  cannot  be 

refused on the ground of disability/reduced mobility 

•  Assistance 

embarking/disembarking/interconnecting 

with 

•  A  requirement  to  provide  notification  in  good  time; 
failing  such  notification,  the  operator  would  have  to 
make reasonable efforts to provide assistance 

•  Mandatory transport of mobility equipment  

•  Care facilities at coach terminals; 

•  Travel information in the required format; 

•  Physical assistance at any stage; 

•  Mandatory accessibility of buses and coaches 

•  Harmonization of liability system across the EU  

•  Unlimited liability in case of death and injury 

•  A  liability  system  comparable  to  that  in  air,  rail  and 
maritime  transport  with  regard  to  death  or  injury  of 
passengers 

•  Claims up to a certain amount cannot be contested 

•  Advance payments in the event of death or injury 

•  Strict  liability  up  to  the  amount  comparable  to  air/rail 
transport in the event of loss of or damage to baggage. 

Establishment 
quality 
monitoring 

of 
standards 

basic 
and 

•  Establishment of quality standards at the EU level 

•  Monitoring of compliance with quality standards  

•  Defining the set of information that should be available 

to passengers 

•  Improvement  of  access  to  information  on  conditions  of 

EN 

14 

   EN 

 
 
 
 
carriage and fares. 

Cancellation, 
boarding and delays 

denied 

•  Compensation  for  cancellation:  refund  of  ticket  price  + 
compensation related to ticket price or length of journey 

•  Assistance: meals, refreshments, accommodation 

•  Return  service  to  the  first  point  of  departure  at  the 

earliest opportunity 

•  Continuation or re-routing to the final destination (under 

comparable transport conditions) 

•  No compensation scheme, only the obligation of bus and 

coach carriers to provide assistance. 

Complaint  handling  service 
and monitoring 

•  Existing regulatory mechanisms plus consumer feedback 

•  Air transport model 

•  Operators to keep a file of all complaints received 

•  Quality standards certificate 

•  Independent institution at EU level. 

4. 

DEFINITION OF DIFFERENT POLICY OPTIONS/ ALTERNATIVES 

Table 3 summarises the options considered. Options 2, 3 and 4 are alternatives. It has to be 
noted  that  each  of  these  options  is  available  separately  for  every  main  issue  identified.  A 
combination of elements of each option for a given issue is also possible. For policy option 2 
"standard protection scenario" the political nature of the action is the same as policy option 3 
(i.e. EU action in both cases), and it also involves the use of a Community legal tool. The only 
difference between the two policy options is the purpose of the measure: in policy option 2 
the EU legislators confine themselves to setting a general framework, whereas in option 3 the 
EU legislators go into all the necessary details by means of a regulation. 

Table 3 Summary of options 

Option 1  

No policy option 

No EU action, so the status quo remains intact; i.e. differing levels 
of  protection  of  bus  and  coach  passengers  in  the  Member  States 
continue to exist. 

Option 2  

Standard protection scenario 

Community legal act establishing a general framework laying down 
only  minimum  rules  of  protection  and,  where  appropriate, 
consolidating/amending and/or simplifying any existing Community 
or  national  legislation  (motor  vehicle  insurance,  package  tours 

EN 

15 

   EN 

 
 
 
directive, customer legislation). 

Option I – international transport only 

Option II – both long distance domestic and international transport 

Option 3  

Enhanced protection scenario 

Community  legal  act  establishing  the  rights  of  bus  and  coach 
passengers in international transport. 

Option I: international transport only. 

Option II: both long-distance domestic and international transport. 

Option 4  

Self-regulation scenario 

Scenario  in  which  the  bus  and  coach  operators  develop  and  adopt 
voluntary  EU-wide/domestic  self-regulation  measures  with  regard 
to the rights of bus and coach passengers. 

4.1. 

Option 1 - no policy option 

There is no express and specific regulation at EU level covering users’ rights of bus and coach 
passengers,  apart  from  some  special  provisions  for  persons  with  reduced  mobility  that  are 
containedin  the  Council  Directive15  and  some  general  rules  on  mandatory  civil  insurance 
provided by Council and European Parliament directives16. Consequently, EU citizens today, 
in  the  event  of  breach  of  contract,  such  as  faulty  performance  or  personal  injury,  are  faced 
with  different  national  rules,  which  provide  different  types  of  protection  with  differing 
degrees  of  efficiency.  However,  it  may  be  useful  to  review  some  of  the  rules  on  consumer 
protection17 and package holidays18, if not to establish a complete discipline, then at least to 

15 

16 

17 

18 

See Directive 2001/85/EC of the European Parliament and of the Council of 20 November 2001 relating 
to special provisions for vehicles used for the carriage of passengers comprising more than eight seats 
in addition to the driver's seat, and amending Directives 70/156/EEC and 97/27/EC 
See Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005 relating to 
insurance against civil liability in respect of the use of motor vehicles on the approximation of the laws 
of the Member States relating to insurance against civil liability in respect of the use of motor vehicles 
(amending  Fourth  Directive  2000/26/EC  of  the  European  Parliament  and  of  the  Council  of  16  May 
2000, Third Council Directive 90/232/EEC of 14 May 1990, Second Council Directive 84/5/ECC of 30 
December 1983 and First Council Directive 72/166/EEC of 24 April 1972 on the approximation of the 
laws  of  the  Member  States  relating  to  insurance  against  civil  liability  in  respect  of  the  use  of  motor 
vehicles). 
See Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning 
unfair  business-to-consumer  commercial  practices  in  the  internal  market  and  amending  Council 
Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and 
of  the  Council  and  Regulation  (EC)  No  2006/2004  of  the  European  Parliament  and  of  the  Council 
(‘Unfair  Commercial  Practices  Directive’)  Council  Directive  93/13/EEC  of  5  April  1993  on  unfair 
terms in consumer contracts 
See Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package 
tours 

EN 

16 

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draw up a legal framework with regard to civil liability, in particular with regard to defence 
against faulty performance and unfair practices. Furthermore, the EU provisions on competent 
jurisdiction19  and  the  international  conventions  on  applicable  law20  can  help  bus  and  coach 
passengers, insofar as they are involved in international services, to bring an action correctly 
and to properly exercise their rights - even though the carriage contract is often not included 
in their scope. On the other hand, the existing rules, ranging from compensation amounts to 
claim  procedures,  resulting  from  the  the  United  Nations  International  Convention  on  the 
carriage  of  passengers,  might  serve  as  a  model  for  rules  on  compensation  and  claim 
procedures.21 But so far it has been ratified by only three Member States. The following table 
gives an overview of the present legislation related to protection that has an impact on bus and 
coach transport.  

Vehicles 
insurance 

Package 
Holidays 

Consumer 
protection 

Internat. 
Agreement
22 

Legal 
procedures 

Law cases 

Liability for death or personal injury  √ 

√ 

√ 

√ 

Clause of exclusion due to force majeure 

Responsibility for auxiliaries or means 

Provisions for minimum amounts 

Provisions for maximum amounts 

Possibility of higher national limits 

Possibility of international agreement 

Cover for death or injury  

Advance payments for death or personal injury 

Provisions for indemnity forms 

Liability for faulty performance 

Clause of exclusion due to force majeure 

Responsibility for auxiliaries  

Limitation for passenger fault or negligence  

Limitation for behaviour of third party 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

19 

20 
21 

22 

See Council Regulation (EC) No 44/2000 of 22 December 2000 on jurisdiction and the recognition and 
enforcement of judgments in civil and commercial matters. 
See Convention on the law applicable to contractual obligations done in Roma on 19 June 1980. 
See  Convention  on  the  Contract  for  the  International  Carriage  of  Passengers  and  Luggage  by  Road 
(CVR), of 1 March 1973 and Protocol to the Convention on the Contract for the International Carriage 
of Passengers and Luggage by Road, of 5 July 1978 (CVR) 
See  “Convention  on  law  applicable  to  contractual  obligation”  done  in  Rome  on  19th  June  1990. 
Unfortunately  the  Convention,  that  was  signed  and  ratify  by  all  Member  States,  does  not  apply  to 
contracts of carriage, apart from, once time, contracts very similar to holidays packages. 

EN 

17 

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Vehicles 
insurance 

Package 
Holidays 

Consumer 
protection 

Internat. 
Agreement
22 

Legal 
procedures 

Law cases 

Wilful misconduct or gross negligence of carrier 

√ 

Indemnity for passenger or baggage delays 

Retrieval and delivery for loss baggage 

Liability for lost or damaged baggage  √ 

Clause of exemption due to force majeure 

Exclusion for dangerous or perishable baggage 

Responsibility for auxiliaries or means 

Provisions for minimum amounts 

Provisions for maximum amounts 

Possibility of higher national limits 

Possibility of international agreement 

Responsibility for personal effects 

Possibility of special check for baggage 

√ 

√ 

General provisions on liability 

√ 

Liability for successive carriages 

Nullity of contrary stipulations 

Mandatory insurance against liability 

√ 

Mandatory system for travel guarantees 

Possibilityfor passenger to withdraw  

Cover for legal and procedural costs 

Provisions on claim or action 

Setting of time limits 

Possibility of limitation suspensions 

Provisions for burden of proof 

Provisions for jurisdiction 

Possibility of forum shopping 

Arbitration clause 

Provisions for lis pendens 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

EN 

18 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enforcement and recognition 

Nullity of contrary stipulations 

Legal basis  

International law  

Court of Justice judgment 

Community regulation  

Community directive 

Non-binding Community provision 

Voluntary agreement 

National law 

Vehicles 
insurance 

Package 
Holidays 

Consumer 
protection 

Internat. 
Agreement
22 

Legal 
procedures 

Law cases 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

√ 

4.2. 

Option 2 - Standard protection scenario 

The traditional way to guarantee legal protection for a group of consumers, such as bus and 
coach passengers, is to create a common framework at European level to harmonise national 
laws.  This  may  be  achieved  by  means  of  a  directive,  as  has  already  been  done  for  package 
holidays, consumer contracts and unfair practices. A Community act on users’ rights for bus 
and  coach  passengers  would  leave  Member  States  free  to  choose  the  appropriate  legal  and 
administrative  measures  to  implement  passenger  rights.  Thus,  in  the  impact  assessment, 
Option 2 follows the same approach as the one taken with regard to policy option 3 "enhanced 
protection  scenario"  i.e.  by  splitting  it  into  an  "international  only"  and  "international  and 
domestic" option. However, these two sub-options can be analysed jointly as one option. By 
its very nature, this option should seek to establish common minimum rules for bus and coach 
transport, as the lowest common denominator. This means that there is actually no reason to 
expect the costs or benefits for companies to be different according to the nature of the trip 
(i.e. whether it is intra-Community or domestic). The costs related to long distance trips are 
broadly  the  same,  whether  the  trip  covers  the  900  km  distance  between  Barcelona  and 
Granada  (domestic)  or  between  Barcelona  and  Dijon  (international).  Since  the  impact 
assessment includes a detailed cost-benefit analysis for the two scenarios "international only" 
and  "international  and  domestic"  under  policy  option  3,  any  specific  cost-benefit  analysis 
under  option  2  would  produce  essentially  the  same  result  for  these  sub-options.  In  terms  of 
descriptive  analysis,  the  impact  of  the  "international"  and  "international  and  domestic"  sub-
options remains broadly the same. Thus the results can be presented together in the tables.  

Proportionality and subsidiarity of two sub-options. 

It  has  become  clear  from  the  public  consultations  that  the  national  legislation  of  many 
Member States does not appropriately address the issues of bus and coach passenger rights, 
especially with regard to interruption of journeys, assistance to disabled persons and persons 
with  reduced  mobility,  and  enforcement  of  contractual  rights  in  domestic  travel.  Passengers 
using international services are confronted with even more complex issues and problems. At 

EN 

19 

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this  stage  it  can  be  noted  that,  by  and  large,  the  added  value  of  Community  action  for 
international services will be the same as for domestic services. However, more passengers - 
especially persons with disabilities and reduced mobility - will benefit from better protection 
and  increased  quality  of  services.  It  must  be  stressed  that  applying  two  sets  of  rights  to 
domestic  and  international  services  would  create  two  classes  of  passengers  and  cause 
confusion  as  to  the  applicable  legal  framework  and  regimes  for  enforcing  passenger  rights. 
For  example:  a  service  Hamburg-Munich-Vienna  where  two  passengers  (one  travelling  to 
Munich and another travelling on to Vienna) would receive different levels of protection even 
though they are travelling on the same bus. The EP judged this to be unacceptable with regard 
to rail passenger rights. From the passenger's point of view, benefits are much greater by far if 
an EU action covers both international and domestic trips. With regard to the consequences of 
insufficient  protection  of  passengers  in  transport  services,  the  EU  has  adopted  a  regulation 
establishing the rights of passengers in air and rail transport. These measures concern liability 
issues,  assistance  and  financial  compensation  for  passengers  in  the  event  of  interrupted 
journey, non-discrimination and assistance to persons with reduced mobility, and information 
to passengers. It has to be noted that these measures apply to both international and domestic 
services.  

The  public  consultation  of  stakeholders  clearly  demonstrated  that  protection  of  passengers 
varies  considerably  from  Member  State  to  Member  State,  and  in  general  terms,  is  still  far 
from sufficient. 

Judging by the example of other modes of transport, it is apparent that a real improvement of 
passenger  protection  can  only  be  achieved  at  EU  level.  While  this  is  true  of  international 
services,  where  the  transborder  dimension  adds  to  the  complexity  of  the  problem,  domestic 
services should also be subject to certain minimum requirements. 

4.2.1.  Rights of persons with reduced mobility 

Under this option, disabled persons and persons with reduced mobility would have the right to 
assistance at the terminal and on board, which may include: 

•  assistance with check-in and registration; 

•  proceeding from check-in to the boarding point; 

•  boarding and disembarking from buses and coaches;  

•  luggage handling; 

•  stowage and retrieval of mobility devices; 

•  accessing connecting means of transport within the terminal when in transit; 

•  travel information in the required format. 

Assistance for disabled persons and persons with reduced mobility should be provided at no 
extra cost. Disabled persons or persons with reduced mobility will be required to notify their 
requirements to the long distance bus carrier, its agent or the tour operator concerned at least 
48  hours  before  the  time  of  departure  of  the  service.  If  less  notice  is  given,  the  terminal 
manager must make all reasonable efforts to provide the assistance. 

EN 

20 

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There should be a compulsory minimum set of requirements for training the operator and the 
terminal staff in assisting persons with reduced mobility.  

4.2.2.  Liability of operators in the event of death or injury 

A  Community  act  on  rights  for  bus  and  coach  passengers,  with  respect  to  the  liability 
mechanism for personal injuries or economic losses, should ensure the following basic rules: 
minimum indemnities both for death and personal injury and for lost and damaged baggage, 
minimum amounts for indemnity. 

4.2.3.  Quality of service and assistance in case of cancellation, delays and denied boarding 

The  objective  should  be  to  establish  minimum  rules  on  the  following:  information  for 
passengers  before  and  during  the  journey;  dealing  with  any  event  that  interrupts  a  journey; 
rules to be observed for delays; treatment of complaints; and settlement of disputes. 

Although certain carriers are already considering offering such solutions on a voluntary basis, 
these should be available under the same conditions throughout the Community. A competent 
authority would be required to monitor and enforce those rights and obligations. 

In  addition,  it  should  be  noted  that  specific  rules  for  bus  and  coach  journeys  are  already  in 
place as part of "package" travel23. 

4.2.4.  Complaint handling and enforcement 

A competent body is designated at national level to deal with complaints filed by passengers. 
Possible administrative cost are presented in point 5.7. 

4.3. 

Option 3 - Enhanced protection scenario (both I international and II domestic) 

In order to establish complete protection of passengers’ rights, a new EU regulation - which 
will be directly and immediately applicable - is preferable. A regulation can cover not only an 
international journey between at least two Member States, but also a domestic service within a 
single Member State. This approach has already been adopted for other modes  of  transport, 
notably  air  and  rail,  where  it  was  apparent  that  the  more  general  transport  or  consumer 
legislation is insufficient to address the issues of passenger protection. At the moment there 
are few Community rules that apply to bus and coach passengers. 

4.3.1.  Rights of persons with reduced mobility 

Under this option, mandatory accessibility of the fleet of vehicles has to be considered. From 
a given starting date, new vehicles purchased by the European bus and coach operators will 
have to respect accessibility requirements set by the EU. Since for occasional services there 
are  already  companies  that  offer  specific  services  for  disabled  persons  and  persons  with 
reduced  mobility,  this  requirement  will  not  apply  to  occasional  services.  There  are  many 
simple features which could be included, at little cost, in the design of vehicles to make them 

23 

Directive  90/314  is  applicable  only  for  holiday  packages  (non-scheduled  services).  The  holiday 
“package” is a “pre-arranged combination of not fewer than two of the following when sold or offered 
for sale at an inclusive price and when the service covers a period of more than twenty-four hours or 
includes  overnight  accommodation:  a)  transport;  b)  accommodation;  c)  other  tourist  services  not 
ancillary to transport or accommodation and accounting for a significant proportion of the package” 

EN 

21 

   EN 

 
                                                 
more accessible to the large numbers of people who currently find it difficult or impossible to 
use them – they include improved step dimensions, better seating and on-board audible and 
visual  announcements.  Furthermore,  it  has  to  be  made  possible  to  accommodate  wheelchair 
users who travel while remaining seated in their own wheelchair. However it should be bear 
in  mind  that  some  of  these  issues  are  already  regulated  by  the  Directive  2001/85/EC  of  the 
European Parliament and of the Council of 20 November 2001 relating to special provisions 
for vehicles used for the carriage of passengers comprising more than eight seats in addition 
to  the  driver's  seat.  Therefore  it's  apparent  that  an  improvement  of  accessibility  of  vehicles 
may be done by legislative measures on type-approval of vehicles. 

The EU defines the range of facilities required at stops and terminals that has to be provided 
by Member States and local authorities in charge of managing the infrastructures whenever a 
new infrastructure is built or an existing one is refurbished or replaced. 

As with option 2, there is a clause concerning non-discrimination and assistance for disabled 
persons and persons with reduced mobility. 

4.3.2.  Liability of operators in the event of death or injury 

This option includes the obligation of advance payments, setting amounts under which claims 
for  damages  in  the  event  of  death  or  injury  cannot  be  contested,  and  setting  the  limits  for 
liability for loss or damage of luggage. It also covers quality of service and assistance in case 
of cancellation, delays and denied boarding. 

4.3.3.  Quality  of  service  and  assistance  in  the  event  of  cancellation,  delays  and  denied 

boarding 

This legislative initiative can cover all types of services, both domestic and international, and 
be applicable to both scheduled and unscheduled occasional services. 

As with air transport, coach passengers should be guaranteed an adequate level of protection. 
Depending  on  the  circumstances,  compensation  may  be  required  for  any  inconvenience 
caused to passengers due to the interruption, cancellation or delay of their journey, as well as 
denied boarding, even though this does not appear to be a frequent problem for bus and coach 
passengers. 

For  this  purpose  it  might  be  useful  to  look  at  what  has  been  done  in  other  sectors  (e.g.  the 
aviation  sector)  to  see  whether  the  same  system  could  be  extended  to  the  bus  and  coach 
transport  sector,  and  specific  measures  be  introduced  to  compensate  passengers  in  cases  of 
cancellation, denied boarding, delays and interruption of journey. 

Once passengers have been made aware of their rights, the exercise of these rights should be 
made as simple as possible and Member States should introduce appropriate measures to that 
end. 

In  order  to  be  responsive  to  passengers’  complaints,  each  carrier  should  designate  a 
convenient  physical  meeting  point  for  lodging  complaints.  All  customer  service  contact 
information  will  be  provided,  if  possible  by  means  of  timetables,  a  website  and  any  other 
public  information  sources,  as  well  as  at  all  accredited  travel  agencies.  Even  with  such 
improvements, operators and passengers might still disagree on settlement. Both sides have an 
interest  in  a  mechanism  for  settling  disagreements  out  of  court,  for  example  through 
alternative dispute resolution (ADR).  

EN 

22 

   EN 

 
Member  States  should  provide  for  appropriate  penalties  and  clearly  define  the  treatment  of 
complaints  so  that  passengers  know  to  whom  they  can  turn.  Each  MS  should  designate  a 
competent  body  to  deal  with  complaints,  as  has  already  been  done  in  the  aviation  and  rail 
sectors; this will help passengers to exercise their rights. 

One  last  aspect  is  the  availability  of  adequate  information  in  real  time  on  interruptions  to 
services  (delays,  cancellations,  changes  to  timetables,  etc.).  Where  the  journey  does  not 
proceed  as  planned,  passengers  are  frequently 
information;  however, 
cancellations and delays are more readily accepted if complete information is made available 
promptly.  

left  without 

4.3.4.  Complaint handling and enforcement 

In order to be responsive to passengers’ complaints, each carrier should designate a point for 
lodging complaints. All customer service contact information will be provided, if possible on 
timetables, on a website, and any other public information sources, as well as at all accredited 
travel agencies. Even with these improvements, operators and passengers could still disagree 
on  settlement.  Both  sides  have  an  interest  in  a  mechanism  for  settling  disagreements  out  of 
court, for example through alternative dispute resolution (ADR).  

Member  States  should  provide  for  appropriate  penalties  and  clearly  define  the  treatment  of 
complaints  so  that  passengers  know  to  whom  they  can  turn.  Each  MS  should  designate  a 
competent  body  for  dealing  with  complaints,  as  already  exists  in  the  aviation  and  railway 
sector; this will help passengers to enforce their rights. 

4.4. 

Option 4 - Self-regulation scenario 

In  this  scenario,  the  EU  regulator  could  simply  promote  a  common  "soft-law"  framework 
based  on  best  practices  and  provide  an  improved,  alternative,  dispute  resolution  system 
backed up by mediation facilities. The bus and coach carriers, for their part, could undertake 
to adopt quality and efficiency standards, so as to: 

•  Provide services of a specified quality (improve punctuality, avoid cancellation and denied 

boarding, etc.) 

•  Provide care and assistance in the event of an interruption of a journey 

•  Provide, without surcharges, accessible transport services for persons with disabilities and 

reduced mobility. 

Bus  and  coach  carriers  should  develop  a  Passenger  Service  Commitment,  following 
consultation with representatives of stakeholders and authorities. This code of conduct should 
contain commitments to deliver defined standards of services to bus and coach travellers, to 
describe the level of service consumers may expect from signatory carriers and to make them 
better informed about choices when planning their travel arrangements. Signatory carriers will 
in turn develop their own code of  conduct, incorporating the agreed rules, establishing  staff 
training  programmes  and  introducing  charges  to  implement  the  commitments.  Under  a 
voluntary  code,  carriers  could  undertake  to  adopt  simple,  standardised  procedures  for  the 
lodging  of  complaints,  to  create  effective  systems  for  dealing  with  them,  and  to  respond 
within  a  short  time.  They  could  also  give  passengers  clear  information  as  to  where  they 
should send their complaints. 

EN 

23 

   EN 

 
5. 

ANALYSIS OF THE IMPACTS 

In order to assess the economic, environmental and social impact of the proposed measures on 
enforcing  passengers’  rights,  an  evaluation  of  the  impact  resulting  from  each  proposed 
measure will be carried out. 

5.1. 

Economic impacts 

5.1.1.  Option 1 – No policy option 

The analysis of available Member States' national legislation confirms the variable degree of 
protection  offered  to  bus  and  coach  passengers  across  the  EU.  This  sector  is  not  covered 
either by Community legislation or by international agreements.  

This  option  basically  maintains  the  status  quo  in  the  sector,  and  therefore  will  have  no 
additional  impact  on  it.  Thus,  no  new  economic,  social  or  environmental  impacts  can  be 
identified at this stage. Passengers would have to continue to rely on national legislation and 
voluntary  schemes  developed  by  the  operators.  Placing  the  protection  of  passengers  on  a 
comparable level across the European Union might prove to be a lengthy process. 

However, it should be noted that this option does not correspond to the general and specific 
objectives  pursued  by  the  Commission  in  terms  of  ensuring  a  high  level  of  protection  of 
passengers that is comparable with other modes of transport. In the light of this consideration, 
the Commission has already recognised the need to extend passenger protection measures to 
modes of transport other than air transport24. The outcome of the public consultation clearly 
proved that there was room for substantial improvement in the situation currently facing bus 
and coach passengers. 

5.1.2.  Option 2 – Standard protection scenario 

5.1.2.1.  Liability of operators in the event of personal injury or damage to baggage 

Additional  costs  that  carriers  may  incur  relate  to:  minimum  indemnity  amounts,  minimum 
insurance cover amounts, advance payments and legal procedures.  

The following table shows the number of fatalities for road transport, specifically for bus and 
coach  transport  in  urban  and  non-urban  areas  of  selected  European  countries.  There  are  no 
specific statistics on fatalities with regard to long distance bus and coach services; however, 
these  are  likely  to  compare  to  the  number  of  fatalities  registered  outside  urban  areas.  As 
indicated  in  the  table  the  number  of  fatalities  in  2004  when  travelling  by  bus  and  coach 
outside  urban  areas  was  only  99  (including  drivers),  whereas  the  total  number  of  fatalities 
among  travellers  by  all  modes  of  transport  by  road  was  26.919  in  EU1425.  In  2005,  road 
fatalities  for  EU  25  were  41  27426;  it  can  therefore  be  assumed  that  there  will  also  be  an 
increase in the number of fatalities in bus and coach transport. 

24 

25 
26 

White  Paper  “European  Policy  for  2010:  Time  to  decide”  COM(2001)  370  final;  “Strengthening 
passenger rights within the European Union” COM(2005) 46 final. 
Source: CARE Database / EC (2006) data available for UE-14 without Germany 
EU Energy and Transport in Figures. Statistical pocketbook 2006. 

EN 

24 

   EN 

 
                                                 
Table 4 – Number of fatalities in transport by road and specifically by bus or coach transport 
(in which the fatality was travelling) and type of area by country, 2004 

Bus and Coach 

inside urban area 

outside urban area 

All modes of transport by 
road 

BE 

DK 

EL 

ES 

FR 

IE 

IT 

LU 

NL 

AT 

PT 

FI 

SE 

UK 

EU-14 

% by area 

1 

0 

0 

1 

0 

0 

9 

0 

0 

1 

0 

0 

1 

18 

31 

4 

1 

8 

4 

21 

0 

15 

0 

0 

8 

3 

24 

0 

10 

99 

23,8% 

76,2% 

1.162 

369 

1.670 

4.741 

5.530 

337 

5.625 

62 

1.028 

878 

1.294 

375 

480 

3.368 

26.919 

Source: CARE Database / EC (2006) 

The following table shows the number of fatalities in the EU-15 Member States in 2004 per 
one  billion  passenger-kilometres,  broken  down  by  mode  of  transport.  Both  rail  and  bus  and 
coach have proved themselves to be very safe modes of transport. Furthermore, it should be 
noted that the probability of fatalities in bus and coach transport is considerably lower than in 
passenger cars. 

Table  5  –  Number  of  fatalities  by  transport  mode  per  1000  million  passenger-kilometres 
(2004 or previous year when data not available) 

Bus or Coach 

Passenger car 

Rail 

BE 

DK 

DE 

EL 

ES 

EN 

0,3 

0,1 

0,2 

0,4 

0,1 

5,6 

3,6 

3,7 

11,4 

7,6 

25 

0,1 

0,0 

0,3 

0,0 

0,0 

   EN 

 
 
 
 
  
FR 

IE 

IT 

LU 

NL 

AT 

PT 

FI 

SE 

UK 

0,5 

0,0 

0,2 

0,0 

0,0 

0,6 

0,3 

3,2 

0,4 

0,2 

4,6 

7,0 

3,9 

8,5 

3,3 

5,8 

8,0 

3,6 

3,0 

2,6 

0,1 

0,0 

0,2 

0,0 

0,0 

0,2 

2,2 

0,6 

0,2 

0,4 

UE -15 

0,31 

4,35 

0,24 

Source: PwC elaboration on Eurostat and CARE Database / EC (2006) 

The responsibility for calculating the amount of compensation falls to the national courts of 
the Member States who are responsible for settling case by case, and according to domestic 
law. National courts are also responsible for identifying the provider obliged to pay and the 
passenger  entitled  to  damages.  In  this  respect,  the  Member  States  are  in  principle  free  to 
choose the type of liability system, the mechanism of the transfer of rights and for calculating 
the  amount  of  compensation.  Under  these  circumstances,  levels  of  compensation  per  se  are 
not expected to rise significantly, even if action by the EU might set a minimum amount for 
indemnities and compensation27. For higher amounts, it would simply be a matter of setting a 
common economic threshold, on the basis of national experience.. 

5.1.2.2.  Disabled persons and persons with reduced mobility 

Training  of  drivers  and  other  staff,  the  provision  of  information  and  similar  issues  will 
represent other additional costs. It is difficult to provide an estimate of costs for such matters. 
However, it should be noted that all passengers have a need for information and for trained 
staff. It is therefore unlikely that there is a greater cost in providing for the needs of disabled 
passengers than there is for other passengers. Further additional costs for the coach operators 
may arise from providing care and assistance to persons with reduced mobility. It is expected 
that the cost will be moderate; in some cases it is difficult to give estimation of costs. Services 
such  as  assistance  with  boarding  and  de-boarding  buses,  luggage,  stowage  and  retrieval  of 
mobility  devices  can  be  provided  during  transfers,  meal  and  rest  stops  and  other  times  as 
reasonably requested. However, it has to be noted that these services can be provided directly 
by the driver or, in some cases, the second driver.  

Similarly, the body managing the terminal should expect extra costs for providing assistance 
to  disabled  persons  and  those  with  reduced  mobility  when  proceeding  from  check-in  to  the 
boarding  point  or  during  transfer.  The  impact  on  costs  is  likely  to  be  reasonably  moderate, 

27 

Damages and compensations can be similar to those provided for in the Regulation 1371/2007 on rail 
passengers' rights ande obligations e.i 220 000 euro in the event of death or injury of a passenger and 
1800 euro in the event of loss of or damage to the luggage. 

EN 

26 

   EN 

 
                                                 
since  assistance  can  be  provided  directly  by  terminal  staff  once  they  have  been  properly 
trained. 

5.1.2.3.  Quality standard and obligation to inform 

It does not appear that the new measures will give rise to any particular significant increase of 
costs to the operators. The bulk of the additional activities charged to the operators could be 
covered by short training programmes for counter staff whose skills need to be brought up to 
date, and by the operator making available an internal circular at its customer contact points, 
or  alternatively  by  posting  up  a  document  on  the  bus  or  coach  that  explains  the  rights  of 
passengers under the new rules. 

The table below summarizes the economic impact of the measures under option 2. 

Liability issues 

Costs to coach operators 

Disabled  persons 
persons  with 
mobility  

and 
reduced 

Costs to coach operators 

Qualitative Description 

Quantitative 
Description 

Economic Impacts 

Additional 
insurance 
costs  for  compensations 
in event of death or injury 
of passengers  

Moderate  additional  cost. 
Member  States  already 
have  compulsory  liability 
schemes  in  case  of  death 
or injury of passengers. 

insurance 
Additional 
costs  for  loss/damage  of 
luggage  or  other  personal 
effects,  such  as  assistive 
devices like wheelchairs 

Moderate additional cost.  

Increase 
operating 
in 
costs  for  providing  care 
and assistance to disabled 
persons  and  persons  with 
reduced mobility 

Little or no impact. These 
services  can  be  provided 
the 
directly  by  either 
driver,  or 
the  second 
driver . 

Increase 
costs for staff training  

in 

operating 

to 
Costs 
managers 

infrastructure 

Additional  costs  for  the 
provision  of  appropriate 
infrastructure 
and 
facilities  for  the  needs  of 
and 
disabled 
persons  with 
reduced 
mobility 

persons 

additional 
Moderate 
costs.  Providing  training 
to  staff  for  the  needs  of 
disabled 
and 
persons  with 
reduced 
is  unlikely  to 
mobility 
cost  more  than  for  other 
passengers. 

persons 

very 
vary 
Costs 
considerably  from  simple 
stops  to  large  terminals. 
Cost will be lower if work 
is  carried  out  as  part  of 
routine  refurbishment  or 
maintenance.  

Cost 
estimate 

impossible 

to 

EN 

27 

   EN 

 
 
 
 
 
 
 
 
 
Additional 
coach operators 

revenue 

for 

Modest  increase  in  travel 
due  to  wheelchair  users 
alone 

Increase  of  0.5%  of  total 
coach passengers  

Additional 
EUR1.63 mln per year  

revenue 

Modest  increase  in  travel 
by  other  disabled  persons 
and  persons  with  reduced 
mobility categories 

Difficult 
estimate. 
to 
Travel may increase up to 
2 or 3 % 

Additional 
tourism industry 

revenue 

for 

Accessible 
international 
scheduled  services  will 
boost demand for tourism 
services 
disabled 
by 
persons  and  persons  with 
reduced mobility. 

Costs to coach operators 

Increase in costs 

demand 

for 
Potential 
tourism 
accessible 
400 000 
for 
accounts 
journeys  per  year.  (incl. 
accompanying persons) 

revenues 

Additional 
to 
the industry of EUR264m 
. per year 

Low costs. Slight increase 
training  costs  and 
in 
printing information. 

Moderate  administrative 
costs for operators related 
to  information  obligation 
and handling complaints. 

on 

Impact 
occasional 
services  industry  will  be 
limited  because  there  are 
already  specific  rules  for 
bus  and  coach  journeys 
which are part of package 
travel 

Quality 
information obligation 

standard 

and 

5.1.3.  Option 3.I - Enhanced protection scenario (international only) 

5.1.3.1.  Liability of operators in the event of personal injury or damage to baggage 

The  effects  are  the  same  as  those  analysed  in  option  2.  Additional  effects  in  the  area  of 
advance  payments  have  been  analysed.  A  compulsory  system  that  provides  for  advance 
payments in the event of physical or fatal injuries to passengers traveling by bus or coach is 
neither established by European rules nor provided by the relevant national law, at least not 
with general application in all circumstances. On the one hand, there is no reason to exclude 
this kind of disbursements from the insurance schemes and, on the other hand, any advance 
payment  to  be  included  in  an  indemnity  framework  is  not  to  be  considered  a  preventive 
declaration  of  liability.  In  this  last  respect,  within  the  common  liability  system,  which  is 
traditionally based on some kind of intentional or negligent conduct, any advance payments, 
on  behalf  of  carriers  or  insurer,  are  supposed  to  represent  only  a  portion  of  overall  final 
amount  to  be  disbursed  in  the  event  of  fault  by  the  carrier  or  auxiliaries.  However,  if  the 
liabilities  of  the  carrier  or  auxiliaries  are  excluded,  reimbursement  can  be  claimed  from  the 

EN 

28 

   EN 

 
 
 
 
 
person  entitled  to  the  advance  payment.  This  kind  of  advance  payment  scheme  involves  no 
significant additional costs to transport providers. An advance payment mechanism could also 
work  under  a  strict  liability  system,  where  the  carrier,  even  when  not  at  fault,  should  be 
always deemed responsible by law, at least up to certain legal thresholds, which correspond to 
advance payment amounts. In this case the provider is not entitled, even afterwards, to dispute 
the sum or to claim reimbursement. The advance payment, which has to be paid whatever the 
circumstances  but  can  never  be  reimbursed,  could  create  additional  costs  for  transport 
providers, if it also covers situations where the carriers' or auxiliaries' conduct was not in any 
way intentional or negligent. Within both liability schemes the effects of an advance payment 
system are the same as under force majeure. In the case of common liability it would not be 
for  the  passenger  to  establish  fault,  while  in  the  case  of  strict  liability  there  would  be  a 
carrier's liability established by law; in any situation of force majeure, once the fixed sum has 
been  paid,  the  provider  is  never  entitled  to  any  reimbursement.  Statistically,  the  practical 
impact of these circumstances, such as natural disasters or legal impediments, can be regarded 
as insignificant. Furthermore, the economic impact of the provision also depends on the actual 
scope of the rule, i.e. whether an advance payment is limited to the case of the most severe 
personal injuries, as commonly experienced, or applies broadly to all serious wounding, with 
the  aim  of  making  the  initial  medical  expenses  affordable  to  the  passenger.  Under  these 
circumstances,  transport  operators  are  likely  to  look  for  appropriate  insurance  schemes  to 
cover the risk related to events for which advance payment is due. However, given the limited 
number of such events and the supposed value of these advance payments28, the premiums are 
expected to be very low. 

5.1.3.2.  Disabled persons and persons with reduced mobility 

Estimation of additional costs for operators 

Many  of  the  features  intended  to  improve  accessibility  on  coaches  cost  very  little  and  can 
provide  benefits  for  disabled  persons  and  those  with  reduced  mobility.  Items  such  as  the 
provision of colour-contrasted handrails, clear marking of steps, signage and communications, 
and having at least some seats with more suitable dimensions, can be of great help to persons 
with sensory or mobility impairments. It is estimated that such features will generally cost no 
more than EUR1 000 per vehicle, which is a moderate expense in relation to the total cost of a 
coach, but could help to significantly increase capacity in terms of the number of passengers. 
There  are  two  main  areas  of  cost  in  making  coaches  fully  accessible,  including  wheelchair 
access: these are the loss of seats (a revenue cost) and the costs of lifts for wheelchair users (a 
capital  cost).  There  are  some  further  costs  associated  with  maintenance  of  the  lift  and  the 
removal  and  replacement  of  seats  in  the  wheelchair  space,  but  these  are  smaller  and  can  be 
left out of consideration. Providing one wheelchair space means losing at least four passenger 
seats. On scheduled coach services it is assumed that, for practical reasons, the vehicles will 
always operate with the wheelchair space available, so the loss of seats  is “permanent”. On 
the basis of the outcome of the study Cost 349 it can be assumed that the additional costs may 
amount to 2.7 % of total industry revenue. 

On  non-scheduled  services,  such  as  holidays  and  tours,  passengers  usually  book  well  in 
advance. This  gives the operator time to fit seats in the wheelchair  space if  no booking has 
been made to use it. Thus, the loss of revenue is likely to be less than for scheduled service 

28 

In the case of rail transport the advance payment in the in the event of death is never less than 21.000 
EUR.  

EN 

29 

   EN 

 
                                                 
operators. As mentioned earlier, since advance booking is normal in this sector, the dedicated 
wheelchair  space  -  when  not  used  -  can  be  replaced  by  four  seats;  therefore,  the  loss  of 
revenue would be less, and has been estimated at approximately 0.2%. 

Cost to coach terminals 

The  measures  under  consideration  do  not  involve  major  modifications  of  existing  coach 
terminals  and  associated  infrastructure,  except  for  the  designation  of  arrival  points  at 
terminals where passengers can notify their arrival and the need for assistance. Furthermore, 
accessibility requirements for the built environment are enshrined in Member States' national 
legislation. Thus, the managing body of the terminal should expect extra costs for providing 
assistance  to  disabled  persons  and  persons  with  reduced  mobility  when  proceeding  from 
check-in to the boarding point, or during transfer. The impact on costs should be reasonably 
modest,  since  assistance  can  be  provided  directly  by  terminal  staff  once  they  have  been 
properly  trained.  Further  costs  may  be  incurred  in  training  of  the  staff  and  the  provision  of 
information.  However,  all  passengers  need  and  will  benefit  from  well  trained  staff  and 
accessible  information.  It  is  unlikely  that  the  cost  of  training  in  providing  assistance  for 
disabled persons will be higher than for other passengers. The COST 349 study concludes that 
it is impossible to give an indication of representative costs for such matters. 

A growing number of disabled persons are travelling 

The provision of fully accessible coaches can be expected to lead to an increase in the number 
of disabled persons, including wheelchair passengers, using coach services. In the EU, some 
44.6 million persons – or one in six persons aged between 16 and 64 - have a longstanding 
health problem or disability29. Persons with disabilities represent at least 16% of the overall 
EU  population  of  working  age.  In  the  case  of  the  UK,  wheelchair  users  account  for  about 
1.4% of the population as a whole; previous research has indicated that, even when transport 
is  fully  accessible,  wheelchair  users  travel  only  about  40%  as  much  as  their  non-disabled 
peers30. There are no official statistics available on the number of wheelchair users in EU27; 
however,  it  can  be  assumed  that  in  the  EU27  -  as  in  the  UK  -  wheelchair  users  make  up 
around 1.4% of the whole population (about 6.87 million persons). This logic suggests that a 
modest  increase  in  journeys,  attributable  to  wheelchair  users  alone,  could  amount  to 
approximately 0.5%  of  total  coach  passengers. Making coaches  fully  accessible will benefit 
far more potential passengers than just wheelchair users; however it is impossible to make any 
meaningful estimates of the increase, although a increase of at least 2-3% is likely. 

The additional revenue for domestic and international services due to the increase in travel by 
wheelchair users alone is expected to be 0.5%, which represents about EUR55.72 million per 
year.  The  additional  revenues  for  international  services  alone  are  estimated  at  EUR8.14 
million per year. 

Summary of additional costs and revenues 

The following table summarises the costs and benefits deriving from the introduction of fully 
accessible coaches in the domestic and international long distance scheduled and unscheduled 
bus and coach industry in EU27. 

29 

30 

Situation of People with disabilities in the EU: Key figures (European Commission C, DG Empl, Unit 
G3) 
COST 349 Report 

EN 

30 

   EN 

 
                                                 
The estimated additional costs are expressed in EURm per year and as a percentage of total 
industry revenue for the two sectors under review: 

Table  6  –  Summary  of  additional  costs  and  revenues  from  the  provision  of  fully  accessible 
coaches 

and 

Domestic 
International 
(Euro million) 

Only 
international 
(Euro million) 

on 

% 
total 
industry revenue 

Total additional costs 

 Loss of revenue from removal of seats 

297,6 

30,1 

Annualised  costs  of  provision  of  lift  and  other 
related costs 

267,4 

Additional revenue due to increase in travel 

55,7 

44,92 

5,87 

39,1 

8,1 

2,7% 

0,3% 

2,4% 

0,5% 

Net revenue loss 

241,8 

36,8 

2,2% 

Source: PwC elaboration on COST 349, Eurostat and other sources (2004) 

Additional costs to be borne by the coach operators are estimated to amount to 2.7% of the 
total industry revenue for the two sectors in question. The additional revenue (0.5% based on 
wheelchair  users  alone)  would  reduce  this  shortfall  to  approximately  2.2%.  This  is  the 
measure of the net cost to the industry of providing fully accessible coach services, and may 
prove in time to be an underestimate of the increased travelling, because it does not take into 
account the likelihood of an increase in travelling among older persons and other categories of 
persons with reduced mobility. Furthermore, it should be noted that, during the initial period, 
real costs for the operators will be slightly lower since the process of replacing old vehicles 
with  new,  fully  accessible  vehicles  will  take  several  years.  It  seems  certain  that  the 
introduction  of  full  accessibility  of  vehicles  will  result  either  in  an  increase  of  costs,  and 
therefore a reduction in operating margins for the coach operating industry, or in an increase 
in passenger fares, unless this is offset by other measures taken by the EU. In the worst case 
scenario, carriers will choose to fully cover additional cost with an average increase in fares 
of 2.2%, which will allow them to balance the estimated revenue loss. There are no official 
statistics  available  at  European  level  on  ticket  prices  for  long  distance  services.  It  has  been 
estimated that, in 2006, the average fare for a long distance scheduled trip by coach in the UK 
was EUR15.7931. Assuming the abovementioned fare increase of 2.2%, the average expected 
rise in the ticket price is EUR0.35. It is worth remembering that, initially, the loss of revenue 
to the industry will be less than 2.2%. 

Impacts on the coach manufacturing industry 

31 

This  figure  was  estimated  on  the  basis  of  Annual  Review  and  Financial  Statement  Document  for  the 
year  2006  of  National  Express  Group  Plc.  National  Express  is  the  largest  scheduled  coach  service 
provider  in  Europe.  The  Company  operates  a  network  of  scheduled  coach  services  to  almost  1.000 
destinations within the UK, including all of the major UK airports. It carries over 19 million passengers 
each year and operates 500 distinctive coaches in the UK and Europe. In 2006 the Grop revenue for this 
market  segment  were  207,3  £mln.  (300  EURmln.).  The  estimation  of  the  average  ticket  price  was 
obtained dividing total company revenue by passenger number.  

EN 

31 

   EN 

 
 
  
  
 
 
                                                 
Developing  internal  demand  for  new  coaches  that  provide  full  access  for  wheelchairs  will 
have a direct impact on the European coachwork manufacture industry. Additional costs for 
typical wheelchair-accessible vehicles with a seating capacity and specification comparable to 
that of an equivalent non-wheelchair accessible vehicle are estimated to be EUR19 15032.  

In EU27, the average industry turnover in coachwork manufacturing per person employed33 is 
estimated to be roughly EUR178 70034. It can therefore be assumed that, for every nine fully 
accessible  coaches  produced,  one  additional  full  time  employee  equivalent  unit  will  be 
created. 

Table  7  –  Impacts  on  coach  manufacture  industry  in  terms  of  additional  revenue  and 
employment  

Stock of vehicles 
(2005) 

New registration 

Manufacture  ind. 
additional 
revenue 

Additional 
employment 

no. 

Scheduled Long Distance 

9.653 

Domestic 

International 

6.465 

3.188 

Holidays and tours 

99.563 

Domestic 

International 

Total 

Domestic 

 International 

86.942 

12.621 

109.216 

93.406 

15.809 

no. 

643 

431 

212 

6.634 

5.793 

841 

7.277 

6.223 

1.053 

thousand Euro 

FTE unit 

12.316 

8.248 

4.068 

127.032 

110.929 

16.103 

139.349 

119.178 

20.171 

69 

46 

23 

711 

621 

90 

780 

667 

113 

Source: PwC elaboration on Eurostat and other sources (2007) 

The gradual replacement of old vehicles by fully accessible vehicles will generate an annual 
increase in revenue of EUR139.3 million in the coachwork manufacture industry revenue. 

Impacts on the tourism industry 

The size of the market for accessible tourism has been estimated at 127.5 million persons in 
Europe35.  This  figure  takes  into  consideration  not  only  disabled  persons,  but  also  older 
persons,  families  with  small  children,  and  persons  with  short-term  or  chronic  ailments. 
However,  not  all  these  citizens  have  either  the  economic  and/or  physical  ability  to  travel. 

32 

33 
34 

35 

COST 349 Report: Annex 20 “Investment plan for local transport in the Piemonte Region, Italy, for the 
period 01/01/03 to 31/12/06”. 
Number of employee in full time equivalent. 
This figure refers to NACE DM342 sector that include manufacture of bodies (coachwork) for motor 
vehicles and manufacture of trailers and semi-trailers (Annex I Market Analysis).  
One-Stop-Shop for Accessible Tourism in Europe (OSSATE): “Accessibility Market  and Stakeholder 
Analysis” (20th of October 2005). 

EN 

32 

   EN 

 
 
 
                                                 
Thus,  in  estimating  the  potential  size  of  the  market,  it  is  assumed  that  70  %  of  disabled 
persons  are  physically  and  financially  able  to  travel36.  On  average,  coach  travel  represents 
7.6%  of  all  trips  of  four  nights  or  more  made  by  European  tourists37.  Thus,  we  can  assume 
that  the  potential  demand  for  accessible  tourism  by  coach  accounts  for  6.8  million  trips  per 
year.  In  addition  to  this,  persons  with  disabilities  seldom  travel  alone.  On  average,  59%  of 
European  families  have  a  family  member  who  is  disabled  and  38%  of  the  European 
population have a friend with a disability38. 

Assuming  a  multiplier  effect  of  0.539,  which  means  that  half  of  the  population  with 
accessibility requirements will have at least one person travelling with them once a year, the 
total  potential  travel  market  is  10.2  million.  Considering  that  the  average  expenditure  per 
holiday  in  Europe  in  2005  was  EUR62040,  the  expected  additional  revenues  will  amount  to 
EUR 6.308 million. 

Assuming that, on average, disabled persons take more than one holiday per year, travel with 
other  family  members  or  friends  and  would  travel  even  more  if  they  could  find  more 
information and more accessible sites, a multiplier effect of around two can be factored in41. If 
a multiplier effect of 2 is accurate, the potential travel market would rise to over 260 million. 
The following table shows the calculations for both multiplier effects. 

Table 8 – Potential market for accessible coach tourism 

General 
demand  for 
accessible 
tourism 

70% that have 
the 
economical 
and  physical 
ability 
to 
travel 

7.6%  will 
a 
use 
coach  to 
travel 

127.5 million 

89.3 million 

6.8 
million 

for 

Multiplier 
effect 
accompanyi
ng 
and family  

friends 

Accompan
ying 
friends 
and family 

Total  potential 
accessible 
tourism 
travelling 
coach 

by 

Average 
expenditure 
per  person 
per holiday 

Potential 
additional 
tourism 
revenues 

0,5 

2 

3.4 million 

10.2 million 

13.6 million 

20.3 million 

620 EUR 

EUR6.308 
EURm 

EUR12.616 
EURm 

Source: PwC elaboration on OSSATE and Eurostat (2005) 

Depending  on  the  multiplier  used,  the  estimates  of  additional  tourism  revenues  range  from 
EUR6.308  million  to  EUR12.616  million.  Potentially,  this  is  a  huge  market  and  one  which 
will continue to grow due to the ageing of the population. 

5.1.3.3.  Compensation and assistance in case of cancellations, delays and denied boarding 

The cost of compensating and assisting passengers is unlikely to be excessive. Nevertheless, 
the  effects  on  revenue  and  profits  are  unlikely  to  be  significant,  and  also  the  impact  on  the 

36 
37 
38 
39 

40 
41 

Deloitte Touche “Tourism for All in Europe” (1993) 
Eurostat: “Statistics in focus - How Europeans go on holiday” (2006) 
Eurobarometer (2001) Attitudes of Europeans to Disability. 
This  multiplier  is  consistent  with  assumption  made  by  Deloitte  Touche  “Tourism  for  All  in  Europe” 
(1993). 
Eurostat: “Statistics in focus - Tourism in the Enlarged European Union” (2005). 
This  multiplier  is  consistent  with  assumption  made  by  OSSATE:  “Accessibility  Market  and  Potential 
tourism revenues ranging between 83 billion Euro and 166 billion Euro Stakeholder Analysis” (20th of 
October 2005). 

EN 

33 

   EN 

 
                                                 
competitiveness  of  Community  companies  should  be  slight,  as  all  operators  involved  in  the 
sector would be covered. 

As has been explained in more detail earlier in the text, the phenomenon of denied boarding 
for  overbooking  does  not  seem  to  be  especially  significant  in  the  context  of  passenger 
transport by bus and coach.  

Cancellations seem to occur more frequently. However considering that the average cost of a 
ticket can be between EUR10 and EUR70 according to the distance travelled, and considering 
that the possible compensation amounts to 100% of the price paid for the ticket, this suggests 
that  this  type  of  case  does  not  have  a  significant  economic  impact.  Additionally,  increased 
level of compensation will provide operators with incentives to offer better quality of service 
and  assistance  to  passengers.  Thus  the  number  of  passengers  claiming  compensation  will 
decrease.  The  same  has  proven  true  in  the  aviation  sector  in  relation  to  compensations  for 
denied boarding. The economic impact of the application of the new measures - even in this 
case - should be quite slight. The circumstances in which operators are excluded from liability 
in the case of delays and cancellations may effectively reduce the economic impact of these 
measures. 

Therefore, there should be no significant effect on employment, investment or the creation of 
new business. 

Nevertheless,  operators  can  expect  an  increase  in  staff  and  training  costs,  along  with  a 
possible slight increase in ticket price without any decrease in passenger demand. 

5.1.3.4.  Quality of service and information obligation 

The effects are the same as those analysed in option 2. 

5.1.3.5.  Complaint handling service and monitoring 

The  process  of  managing  the  settlement  of  disputes  is  not  expected  to  lead  to  any  major 
additional economic burdens for the operators. The approach should provide for a review of 
internal procedure so as to guarantee that written feedback is provided quickly and efficiently 
to the traveller submitting the complaint.  

The table below summarizes the economic impact of option 3.I 

Liability issues 

Costs to coach operators 

Qualitative Description 

Quantitative 
Description 

Economic Impacts 

insurance 
Additional 
costs  for  compensations 
in event of death or injury 
of passengers  

As with option 2 above 

Advance  payments 
for 
death  or  personal  injury 
of passengers 

Significant additional cost 
(but  easily  affordable  by 
means of insurance forms 
or guarantee systems) 

EN 

34 

   EN 

 
 
 
 
 
 
 
Disabled  persons 
persons  with 
mobility  

and 
reduced 

Costs to coach operators 

Costs 
to 
managers 

infrastructure 

Additional 
coach operators 

revenue 

for 

Additional 
insurance 
costs  for  loss/damage  of 
luggage  or  other  personal 
effects  such  as  assistive 
devices like wheelchairs 

Increase 
operating 
in 
costs  for  providing  care 
and assistance to disabled 
persons  and  persons  with 
reduced mobility 

Increase 
operating 
in 
costs for training the staff 

Additional  costs  for  the 
provision  of  appropriate 
infrastructure 
and 
facilities  for  the  needs  of 
and 
disabled 
persons  with 
reduced 
mobility 

persons 

Additional  costs  for  the 
provision  of  appropriate 
infrastructure 
and 
facilities  for  the  needs  of 
and 
disabled 
persons  with 
reduced 
mobility 

persons 

Modest  increase  in  travel 
due  to  wheelchair  users 
alone 

As with option 2 above. 

Small 
impact.  These 
services  can  be  provided 
directly  by  either 
the 
driver or second driver. 

Moderate 
additional 
costs.  It  is  unlikely  that 
the  cost  of  providing 
training  to  staff  for  the 
needs of disabled persons 
and  persons  with  reduced 
mobility  is  greater  than 
for other passengers. 

Costs 
very 
vary 
considerably  from  simple 
stops  to  large  terminals. 
Cost will be lower if work 
is  carried  out  as  part  of 
routine  refurbishment  or 
maintenance.  

Impossible to estimate. 

As with option 2 above. 

As  with  option  2,  but  the 
same  increase  in  travel 
(+0.5%)  is  also  expected 
with occasional services. 

As with option 2, but with 
additional  revenue  due  to 
occasional 
services 
(EUR6.50m).  

Total  additional  revenue 
= EUR8.14m per year  

Additional 
tourism industry 

revenue 

for 

Modest  increase  in  travel 
by  other  disabled  persons 
and  persons  with  reduced 
mobility  

As  with  option  2  above, 
but travel is also likely to 
increase  with  occasional 
services. 

Additional 
for 
coachwork  manufacture 

revenue 

Developing  of 
internal 
demand  for  new  coaches 

As with option 2, but with 
for 
additional  demand 

EN 

35 

   EN 

 
 
 
 
 
 
 
 
 
industry 

that  provide  full  access 
for wheelchairs  

fully 

841 
accessible 
vehicles  per  year  to  be 
used 
occasional 
services.  Total  demand  = 
1.053 vehicles per year 

on 

As with option 2, but with 
additional revenues due to 
vehicle  to  be  used  on 
occasional 
services 
(EUR16.10m per year). 

Total  additional  revenue 
= EUR20.17m per year 

Assistance 
and 
compensation in the event 
of delays, cancellations 

Costs to coach operators 

for 
Increase  of  costs 
and 
compensation 
assistance 
in  case  of 
cancellations,  delays  and 
denied boarding 

Costs slightly higher than 
option  2  above,  because 
of 
precise 
definition of rules. 

a  more 

Quality 
information obligation 

standard 

and 

Costs to coach operators 

Increase of costs 

Complaint handling 

Costs to coach operators 

Complaint 
service and monitoring 

handling 

Low costs. Slight increase 
in  costs  for  training  and 
printing of information. 

Moderate  administrative 
cost 
to 
related 
information obligation. 

on 

Impact 
occasional 
services  industry  will  be 
limited  because  there  are 
already  specific  rules  for 
bus  and  coach  journeys 
that  are  part  of  package 
travel 

Low costs. Slight increase 
in  operating  costs  due  to 
the 
implementation  of 
new procedures 

5.2. 

Option 3.II - Enhanced protection scenario (both international and domestic) 

Although  option  3.II  covers  the  same  subject  matter  as  option  3.I,  its  scope  extends  to 
domestic long distance services; in this way, more operators/routes will be covered. Therefore 
the description of the the sub-option 3.I holds true for this sub-option. 

Qualitative Description 

Quantitative 
Description 

Economic Impacts 

Liability issues 

Costs to coach operators 

EN 

Additional 
insurance 
costs  for  compensations 
in event of death or injury 

As with option 3.I above, 
but  a  larger  number  of 
operators will be affected. 

36 

   EN 

 
 
 
 
 
 
 
of passengers  

Advance  payments 
for 
death  or  personal  injury 
of passengers 

As with option 3.I above, 
but  a  larger  number  of 
operators will be affected. 

Additional 
insurance 
costs  for  loss/damage  of 
luggage  or  other  personal 
effects  such  as  assistive 
devices like wheelchairs 

As with option 3.I above, 
but  a  larger  number  of 
operators will be affected. 

For  scheduled  services: 
loss  of  up  to  4  seats  per 
trip  (-1% on  revenues)  as 
in option 2. 

Disabled  persons 
persons  with 
mobility  

and 
reduced 

Costs to coach operators 

seats  per 

In addition a loss of up to 
trip  on 
4 
occasional  services  when 
the  need  for  wheelchair 
is 
accommodation 
notified 
on 
revenues). 

(-0.2% 

Increase 
in  operator’s 
costs  for  providing  fully 
accessible  vehicle  to  be 
used 
international 
scheduled  and  occasional 
services. 

on 

Increase 
operator's 
in 
costs  for  providing  care 
and assistance to disabled 
persons  and  persons  with 
reduced mobility 

Additional  costs  for  the 
provision  of  appropriate 
infrastructure 
and 
facilities  for  the  needs  of 
and 
disabled 
reduced 
persons  with 

persons 

Costs 
to 
managers 

infrastructure 

As  with  option  3.I  with 
additional loss of revenue 
to  EUR24.26m  per 
up 
year  due 
to  domestic 
services.  Total  revenue 
loss  =  EUR30.13m  per 
year) 

As  with  option  3.I,  but 
with  increase  on  capital 
to 
costs 
operators  on  domestic 
market 

extended 

As  with  option  3.I  with 
additional revenue loss up 
to  EUR228.38m  per  year 
due to domestic services.  

Total  additional  capital 
costs EUR267.38m year 

As with option 3.I above, 
but  a  larger  number  of 
operators will be affected. 

As with options 2 and 3.I, 
but  terminals  and  stops 
used  only  for  domestic 
services  will  also  need  to 
be adapted/refurnished  

EN 

37 

   EN 

 
 
 
 
 
 
 
 
mobility 

Modest  increase  in  travel 
due  to  wheelchair  users 
alone 

Additional 
coach operators 

revenue 

for 

As  with  option  3.I,  but 
same  increase  in  travel 
(+0.5%)  is  also  expected 
with domestic services. 

As  with  option  3.I,  but 
with  additional  revenue 
due  to  increase  in  travel 
services 
domestic 
in 
(EUR47.58m).  

Total  additional  revenue 
= EUR55.72m per year  

Modest  increase  in  travel 
by  other  disabled  persons 
and  persons  with  reduced 
mobility categories 

international 
Accessible 
and  domestic 
services 
will  boost  demand  for 
by 
tourism 
and 
disabled 
persons  with 
reduced 
mobility. 

services 
persons 

Additional  costs  for  the 
provision  of  appropriate 
infrastructure 
and 
facilities  for  the  needs  of 
and 
disabled 
persons  with 
reduced 
mobility 

persons 

for 
Increase  of  costs 
and 
compensation 
assistance 
in  case  of 
cancellations,  delays  and 
denied boarding 

Additional 
tourism industry 

revenue 

for 

revenue 

Additional 
for 
coachwork  manufacture 
industry 

and 
Assistance 
compensation in the event 
of delays, cancellations 

Costs to coach operators 

Quality 
information obligation 

standard 

and 

Costs to coach operators 

Additional costs 

Complaint handling 

Costs to coach operators 

Additional costs 

travel 

As with option 3.I above, 
to 
is 
but 
with 
also 
increase 
domestic services. 

likely 

demand 
tourism 

Compared  to  option  3.I, 
potential 
for 
is 
accessible 
significantly  higher  = 
10.2  million  journeys  per 
year  (with  accompanying 
persons).  

Total  additional  revenue 
EUR6.308 mln per year 

As with options 2 and 3.I, 
but  terminals  and  stops 
used  only  for  domestic 
services  will  also  need  to 
be adapted/refurnished  

As with option 3.I above, 
but  a  larger  number  of 
operators will be affected. 

As with option 3.I above, 
but  a  larger  number  of 
operators will be affected. 

As with option 3.I above, 
but  a  larger  number  of 
operators will be affected. 

EN 

38 

   EN 

 
 
 
 
 
 
 
5.2.1.  Option 4 - Self-regulation scenario 

Under  this  option,  the  EU  will  promote  a  common  "soft  law"  framework,  based  on  best 
practices,  to  persuade  bus  and  coach  operators  to  develop  and  adopt  voluntary  EU-
wide/domestic self-regulatory measures with regard to the rights of bus and coach passengers. 
At  this  stage,  it  is  difficult  to  compare  this  option  against  the  others  in  terms  of  expected 
economic impact, since the available literature does not allow a reliable quantified estimate of 
how  far  operators  are  complying  with  voluntary  agreements..Generally,  it  may  be  assumed 
that  the  possible  economic  impact  of  these  voluntary  commitments  will  be  counterbalanced 
by increase of confidence of passengers and attractiveness of this mode of transport. 

Some idea of whether this policy option is likely to honour the commitment by bus and coach 
operators to a voluntary agreement can be gained from the EUSG Report on “Evaluation and 
monitoring of trends with regard to passenger needs on the level of service and treatment of 
passengers”. The report provides a table showing the perception of passenger rights' charters 
and guarantees, and their implementation by consumers and industry. The results are set out 
below: 

Table 9 Country comparison: Evaluation of charters and guarantees 

Country 

Points  Country 

points  Country 

points 

Austria 

Belgium 

Cyprus 

Czech Republic 

Denmark 

Estonia 

Finland 

France 

Germany 

0.5 

1.0 

Greece 

Hungary 

1.5 (x) 

Ireland 

Italy 

Latvia 

1.5 

2.0 

1.0 

1.5 

2.0 

2.0 

1.0 

0.5 

2.0 

0.5 

1.0 

Poland 

Portugal 

Slovakia 

Slovenia 

Spain 

0.5 

1.0 

1.0 

1.0 

1.0 

2.5 

2.5 

Lithuania 

1.5 (x) 

Sweden 

Luxembourg 

Malta 

Netherlands 

0.5 

1.0 

1.5 

United Kingdom 

(x) = no information available to evaluate this criterion 

Source: EUSG – Evaluation and monitoring of the impact of trends with regard to passengers' 
needs on the level of service and treatment of passengers 

The statements collected are influenced by the interviewer’s general expectations, perceptions 
of  the  situation  and  the  standard  in  the  country  itself.  All  respondents  had  an  opinion  on 
charters and guarantees, although the number and quality of schemes in each country varies 
considerably.  

The trade associations have conceded that so far implementation has been somewhat difficult. 
This  state  of  affairs  is  particularly  striking  when  one  considers  the  great  effort  that 
governments  have  put  into  these  documents,  both  formally  (obligation  to  produce,  update 

EN 

39 

   EN 

 
 
 
 
 
them  and  submit  copies  to  the  Ministry)  and  in  terms  of  their  design  (detailed  template  for 
each public sector and each mode of transport)42. 

Finally,  with  regard  to  voluntary  agreements,  lessons  learned  from  previous  experience  in 
regulating  the  air  transport  sector  should  provide  valuable  information  on  the  chances  of 
success of such types of agreement. In the case of air transport, the development of voluntary 
commitments  and  their  correct  application  eventually  turned  out  to  be  quite  limited.  This 
prompted the EU to introduce compulsory rules in order to oblige the operators to ensure air 
passengers’ rights. 

5.3. 

Social impacts 

5.3.1.  Option 1 

No new social impacts are expected with option 1. 

5.3.2.  Option 2 

Passengers making bus and coach journeys will benefit if the quality of service is improved. 
They  will  also  have  the  benefit  of  assistance  if  they  experience  inconvenience  during  the 
journey.  Disabled  passengers  will  also  receive  more  assistance  than  is  currently  the  case. 
Their mobility will increase significantly. Thanks to the proposed measures it will be possible 
to  achieve  an  important  social  objective,  namely  for  people  with  reduced  mobility  to  enjoy 
comparable opportunities for road transport. Without such opportunities, they would lose not 
only direct travel benefits, but also the indirect benefit of full inclusion in economic and social 
life; for example, they would not be able to travel for work, visit family and friends or go on 
holiday  like  other  citizens.  In  this  context,  the  problem  of  ageing  of  the  population  will  be 
addressed,  whereby  a  increased  demand  from  services  from  elderly  persons  should  be 
matched by an appropriate provision of services.43 

Social Impacts 

Employment  

tourism 

industry  due 

Positive  impact  on  employment  in 
the 
to  an 
increase 
travel  by 
disabled  persons  and  persons  with 
reduced mobility 

in  holiday 

Creation  of  up 
employment per year in hotels and restaurants 

to  5 900  FTE  additional 

Social Inclusion 

Increased  accessibility  to  transport 
services  for  disabled  persons  and 
persons with reduced mobility 

10% of EU population could benefit 

42 

43 

EUSG – Evaluation and monitoring of trends with regard to passenger needs on the level of service and 
treatment of passengers 
See OECD Demographic and Labour Data Base: OECD Social Indicators 2006: GE2 Age dependency 
ratio 

EN 

40 

   EN 

 
 
 
                                                 
Better  protection  of  passengers' 
rights in case of death, injury, etc.  

Passengers will benefit from better legal protection 
(see  liability)  and  greater  economic  security  (see 
insurance).  This  will  implement  the  right  of  EU 
citizens to move freely 

Reimbursement in the case of lost or 
damaged luggage 

It will be made easier for passengers to be refunded 
when their luggage is lost or damaged  

Compensation for passengers in case 
of cancellation, delay, etc. 

Passengers might be eligible for compensation.  

This  will  give  operators  an  incentive  to  meet 
quality standards 

Higher fares 

Costs of compliance are likely to be 
passed on to passengers in the form 
of higher fares 

Travel would be more difficult for social groups on 
low  incomes.  However,  the  impact  on  fares  is  not 
expected to be high. 

5.3.3.  Option 3.I 

Employment impacts 

The  provision  of  fully  accessible  coaches  can  be  expected  to  result  in  an  increase  in  the 
number  of  disabled  persons,  including  wheelchair  passengers,  that  use  coach  services. 
However, the modest increase in the number of trips by wheelchair users alone is unlikely to 
lead to an increase in the number of services provided by the operators. Therefore, impacts on 
the level of employment in the coach industry are not expected. 

Tourism industry 

Better  accessibility  of  bus  and  coach  services  will  have  a  positive  impact  on  the  tourism 
industry,  including  in  terms  of  the  number  of  persons  employed.  The  following  estimates 
were  based  on  the  average  turnover  of  EUR44  60044  per  person  employed  in  hotels  and 
restaurants in 2004: 

Table 10 – Potential additional employment in the tourism industry (thousand FTE) 

Additional Employment  

(thousand FTE) 

A. Scheduled Long Distance 

12,4 

Domestic 

International 

B. Holidays and tours sector 

Domestic 

6,5 

5,9 

129,0 

67,6 

44 

Eurostat Database: NACE H Hotels and Restaurants, year 2004, EU27 

EN 

41 

   EN 

 
 
 
  
                                                 
International 

Total A. + B. 

Domestic 

International 

61,4 

141,4 

74,1 

67,3 

Source: PwC elaboration on OSSATE (2005) and Eurostat (2006) 

Coach manufacture industry 

Gradually replacing old vehicles with fully accessible vehicles will increase the revenue of the 
coachwork manufacture industry by EUR139.3 million per year. Increasing production in this 
manufacturing sector in EU27 will generate extra jobs, which we have quantified at 780 FTE 
per year 

The table below summarizes the social impact of this option. 

Social Impacts 

Employment  

Positive  impact  on  employment  in 
tourism  industry  due  to  an  increase 
in  holiday  trips  by  disabled  persons 
and persons with reduced mobility 

As  with  option  2  above,  but  further  increases  in 
holiday  trips  due  to  accessible  occasional  coach 
services will create 61 400 FTE.  

Total additional FTE = 67 300 FTE.  

Growth  of  internal  demand  for  new 
coaches  that  provide  full  access  for 
wheelchairs 

As  with  option  2,  but  further  creation  of  up  to  90 
FTE  additional  jobs  per  year  in  the  coachwork 
manufacture industry.  

Total additional FTE employment = 113 per year 

Increased  accessibility  to  transport 
services  for  disabled  persons  and 
persons with reduced mobility 

As with option 2, but 10% of EU population might 
also make use of occasional services 

Better protection of passenger rights 
in case of death, injury, etc.  

As  with  option  2,  but  passenger  will  also  benefit 
legal 
from  advanced  payments  and  better 
protection. 

Social Inclusion 

Reimbursements  in  case  of  luggage 
loss or damaged  

As with option 2 above 

Compensation for passengers in case 
of cancellation, delay, etc. 

As  with  option  2,  but  rules  of  protection  will  be 
better defined. 

Higher fares 

Costs of compliance are likely to be 
passed on to passengers in the form 
of higher fares 

As with option 2 or slightly worse  

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5.3.4.  Option 3.II 

The impact  of  the  measures under option 3.II may be greater than under  option  3.I because 
these measures could also be extended to long-distance domestic bus and coach services. The 
table below summarizes the social impact of this option. 

Social Impacts 

Employment  

Social Inclusion 

Positive  impact  on  employment  in 
tourism  industry  due  to  an  increase 
in  holiday  trips  by  disabled  persons 
and persons with reduced mobility  

As  with  option  3.I  above,  but  further  increases  in 
holiday  trips  because  domestic  bus  and  coach 
services will create 74 100 FTE.  

Total additional FTE = 141 400 FTE. 

Developing  of  internal  demand  for 
new coaches that provide full access 
for wheelchairs 

As with option 3.I, but further creation of up to 667 
FTE additional employment per year in coachwork 
manufacture industry.  

Total additional FTE employment = 780 per year 

Increased  accessibility  to  transport 
services  for  disabled  persons  and 
persons with reduced mobility 

As  with  option  3.I,  but  10%  of  EU  population 
might benefit also of domestic services 

Better protection of passenger rights 
in case of death, injury, etc.  

As  with  option  3.I,  but  passengers  on  domestic 
journeys will also benefit 

Reimbursements  in  case  of  luggage 
lost or damaged  

As  with  option  2  and  3.I,  but  passengers  on 
domestic journeys will also benefit 

Compensation for passengers in case 
of cancellation, delay, etc. 

As with option 3.I, but also passengers on domestic 
journeys will benefit 

Higher fares 

Costs of compliance are likely to be 
passed on to passengers in the form 
of higher fares 

As with option 3.I, but also passengers on domestic 
journeys will be affected. 

5.3.5.  Option 4 

Under  this  option  the  EU  will  promote  a  common  "soft-law"  framework  based  on  best 
practices  to  get  bus  and  coach  operators  to  develop  and  adopt  voluntary  EU-wide/domestic 
self-regulatory measures with regard to the rights of bus and coach passengers. At this stage it 
is difficult to compare this option against the others in terms of expected social impact, since 
it is not possible on the basis of the available literature to make a reliable quantified estimate 
of the degree to which operators comply with voluntary agreements. 

5.4. 

Environmental impacts 

Not  all  options  under  consideration  are  directly  related  to  environmental  issues.  However, 
these  measures  may  involve  increases  or  decreases  in  passenger  transport  demand,  and 
therefore a possible modal shift that could have some environmental impacts. 

Environmental Impacts 

EN 

43 

   EN 

 
Possible 
increase  in 
pollution 

Higher fares for coach services may 
cause  a  modal  shift  to  low  cost 
airlines, cars and railways. 

Difficult  to  estimate,  since  modal  shift  can  both 
have both positive and negative impact on pollution 

Possible 
decrease  in 
pollution 

Better  protection  of  passengers' 
encourage  more 
rights  might 
European 
take 
to 
international coach journeys 

citizens 

Difficult  to  estimate.  Possible  increase  in  travel 
might  be  outweighed  by  increase  in  fares.  Modal 
shift is likely to be slight. Therefore environmental 
impacts are not expected. 

The  proposed  measures  might  encourage  more  European  citizens  to  take  long  distance 
journeys by bus and coach in Europe if there is no increase in ticket price. This might bring 
associated environmental benefits when compared against journeys by car. However, it is not 
certain  that  there  would  be  net  benefits  in  this  area.  There  is  possibly  a  general  expectation 
that  the  costs  of  compliance  would  be  passed  on  to  passengers  in  the  form  of  higher  fares, 
making international and or long distance services less attractive overall. 

The following table gives an overview of the results of a survey conducted on a small number 
of  European  bus  and  coach  operators,  mostly  offering  scheduled  services.  Operators  were 
asked to indicate the competitive strengths of other modes of transport compared to their own 
sector. Each mode of transport was rated on a competition scale from 1 (no competition) to 10 
(extremely strong competition) . 

Table 11- Coach Competitor Rating 

Modal Competitor 

Private cars 

Railways 

Low cost airlines 

Coach operators from EU15 countries 

Coach operators from EU10 countries 

Coach operators from Non-EU countries 

Source: NEA survey of IRU members (2006) 

Rate 

6.50 

6.00 

8.25 

5.25 

5.00 

3.25 

The table shows that low cost airlines are regarded as the most important competitor to bus 
and coach transport. Competition from private cars and railways is considered to be a minor 
threat compared to competition by low cost airlines. 

Better  protection  of  passenger  rights  is  likely  to  lead  to  an  increase  in  demand  for  bus  and 
coach transport that will mainly impact on low cost airlines and, to a lesser extent, on private 
cars and railways. 

On  the  other  hand,  if  costs  of  compliance  with  the  new  measures  are  passed  on  to  coach 
passengers in the form of higher fares, this will favour a modal shift from bus and coach to 
low cost airlines and, to a lesser extent, to private cars and railways. 

EN 

44 

   EN 

 
 
Table 12 - Average environmental costs in EU15, Norway and Switzerland by cost category 
and type of transport (Euro / 1000 pkm) 

Noise 

Air Pollution 

Climate change* 

Nature & Landscape 

Up-/Down stream 

Total EU15+NO & SW 

Car 

5,2 

12,7 

10,1 

2,9 

5,2 

36,1 

Bus & Coach 

Railway 

Aviation 

1,3 

20,7 

4,8 

0,7 

3,9 

31,4 

3,9 

6,9 

3,6 

0,6 

3,4 

18,4 

1,8 

2,4 

26,4 

0,8 

1,0 

32,4 

Note: * Average of the outcomes of the high and low scenarios 

Source: PwC elaboration on IWW & INFRAS “External costs of transport” (2004) 

The cost for bus and coach is EUR31.4 per 1000 pkm. Passenger cars are worse polluters than 
bus  and  coach,  at  EUR36.1  per  1000  pkm.  Railways,  with  external  costs  of  EUR18.41000 
pkm,  can  be  considered  the  most  environmentally  friendly  mode  of  transport.  Aviation  and 
low cost airlines record similar environmental costs to bus and coach transport. 

In  conclusion,  any  modal  shift  that  occurs  will lead  to  an  increase  or  a  decrease  in  demand 
respectively for modes of transport that are high polluting (private cars) and those which are 
low  polluting  (rail)  or  equally  polluting  (low  cost  airlines),  Therefore,  it  is  not  advisable  to 
pronounce on negative or positive environmental impacts in this context. 

5.5. 

Value added of the EU action 

This  paragraph  analyses  the  added  value  of  EU  action  for  each  option. On  this  basis  it  will 
draw conclusions on the added value and necessity of each identified measure. 

5.5.1.  Options 1 and 4 

In  principle,  option  1  will  not  alter  the  existing  situation,  and  therefore  represents  no  value 
added  for  EU  citizens.  While  the  implementation  of  option  4  may  reflect  current 
developments in the bus and coach market, it is not possible to fully ascertain the value added 
of this approach, since the number of voluntary agreements is quite limited and they are not 
applied  consistently  across  the  EU.  The  involvement  of  EU  institutions  in  encouraging 
economic  operators  to  adopt  self-regulatory  schemes  may  bring  positive  results  in  the  long 
term. 

5.5.2.  Option 2 

Measures 

Value added to the EU 

Rights  of  persons  with 
reduced mobility 

Disabled  persons  and  persons  with  reduced  mobility  (over  10%  of  EU 
population)  can  benefit  from  increased  accessibility  of  vehicles  operating 
international  services.  Furthermore,  it  is  easier  for  them  to  access  the  main 
terminals and, lastly, they enjoy the benefit of assistance and information before 
and during the trip.  

EN 

45 

   EN 

 
 
These  measures  are  expected  to  have positive  impacts  on the  tourism  industry, 
since  more  people  (sometimes  accompanied)  will  have  the  opportunity  for 
leisure  travel  (Estimated  impacts:  0.4  million  of  additional  trips  per  year 
corresponding to EUR 264m of additional revenue and 5 900 additional jobs in 
FTE). 

The EU does not have to bear major costs. On the contrary, Member States are 
expected  to  incur  the  costs  for  the  provision  of  facilities  and  infrastructures 
adapted to the needs of disabled persons and persons with reduced mobility.  

Liability  of  operators 
in 
event of death or injury, etc.  

Rights of passengers in international travel are enforced. Passengers will enjoy 
better  legal  protection  (see  liability)  and  greater  economic  security  (see 
insurance). These measures comply with the right of EU citizens to freedom of 
movement.  

Furthermore,  passengers  can  easily  obtain  a  refund  if  their  luggage  (as  well  as 
mobility equipment) is lost or damaged. 

The cost to the EU and Member States is insignificant.  

service  and 
Quality  of 
assistance 
of 
case 
and 
cancellation,  delays 
denied boarding, etc. 

in 

It will be mandatory to give passengers information in the event of cancellation, 
delays, etc. Furthermore, passengers will be given information about their rights. 

National enforcement bodies (NEBs) generate extra costs to Member States 

5.5.3.  Option 3.I 

Measures 

Value added to the EU 

Rights  of  persons  with 
reduced mobility 

As  with  option  2,  disabled  persons  and  persons  with  reduced  mobility  are 
afforded  increased  accessibility  and  assistance.  This  option  assumes  that  buses 
and  coaches  are  physically  accessible.  In  addition  to  option  2,  the  protection 
measures are extended to occasional international services. 

Impact on the tourism industry is significantly higher than with option 2 (Total 
impacts: 4.4 million additional journeys per year corresponding to EUR 3.000 M 
of additional revenue and to 67,300 additional jobs in terms of FTE). 

There  are  still  likely  to  be  impacts  on  the  coachwork  manufacturing  industry 
(higher than with option 2, but still moderate). 

As with option 2, the EU does not have to bear major costs.  

Liability  of  operators 
in 
event of death or injury, etc.  

As with option 2, the rights of passengers undertaking an international journey 
are  enforced  in  terms  of  better  legal  protection  (see  "liability")  and  greater 
economic security (see "insurance"). In addition, passengers can receive advance 
payments.  

As  with  option  2,  passengers  can  easily  obtain  a  refund  when  luggage  (and 
mobility equipment) is lost or damaged. 

Costs to the EU and Member States are insignificant. 

Quality  of 
service  and 
of 
in 
assistance 
case 
cancellation,  delays,  denied 

As  with  option  2,  passengers  can  enjoy  better  protection  in  terms  of 
compensation  and  assistance  in  the  event  of  cancellation,  delays,  denied 
boarding, etc. 

EN 

46 

   EN 

 
 
boarding, etc. 

Furthermore,  the  EU  intervening  by  means  of  a  Regulation  directly  ensures 
maximum  protection  of  passengers’  rights,  since  the  Regulation  is  compulsory 
and directly and immediately applicable. 

As  with  option  2,  implementing  NEBs  generates  additional,  though  moderate 
costs. 

5.5.4.  Option 3.II 

Measures 

Value added to the EU 

Rights  of  persons  with 
reduced mobility 

As with option 3.I, disabled persons and persons with reduced mobility benefit 
from  increased  accessibility,  assistance  and  information.  In  addition  to  option 
3.I, the protection measures are extended to domestic services. 

Impact  on  the  tourism  industry  is  twice  as  high  as  with  option  3.I  because  of 
inbound  demand  (Total  impacts:  10.2  million  additional  journeys  per  year 
corresponding  to  EUR  6.300  M.  EUR  of  additional  revenues  and  to  141 400 
additional jobs in terms of FTE). 

Impacts on the coachwork manufacturing industry are still expected (higher than 
with option 3.I). 

As  with  options  2  and  3.I,  the  EU  does  not  have  to  bear  major  costs.  Member 
States  are  expected  to  incur  the  same  costs  as  with  options  2  and  3.I  for  the 
provision  of  facilities  and  infrastructures  adapted  to  the  needs  of  disabled 
persons  and  persons  with  reduced  mobility,  but  in  this  case  the  number  of 
terminals and stops needing to be renewed and adapted will be higher. 

Liability  of  operators  in  the 
event of death or injury, etc.  

As  with  option  3.I,  rights  of  passengers  are  enforced  as  regards  better  legal 
protection  (see  liability)  and  greater  economic  security  (see  insurance),  but 
protection is also extended to passengers on a domestic journey. 

It will be easy for both domestic and international passengers to obtain a refund 
when their luggage (and mobility equipment) is lost or damaged. 

Costs to the EU and Member States are insignificant. 

Quality  of 
service  and 
assistance  in  the  event  of 
cancellation,  delays 
and 
denied boarding, etc. 

The  same  as  option  3.I,  except  that  passengers  using  long  distance  domestic 
services can also enjoy the same protection of their rights.  

Implementing NEBs generate slightly higher costs than under the other options, 
but costs are still moderate. 

5.6. 

Subsidiary and proportionality of options 

In fact there is no reason to expect costs or benefits for companies to differ according to the 
nature of the trip (whether it is intra-Community or domestic). Costs related to long distance 
trips are mostly the same, whether the trip covers the 900 km between Granada and Barcelona 
(domestic) or between Dijon and Barcelona (international).  

Passenger protection, as part of the internal market and common transport policies, is an issue 
of  European  scale  which  requires  a  solution  at  Community  level.  The  liberalisation  of  a 
market  is  only  one  side  of  the  internal  market;  the  other  side  has  to  take  into  account 
consumer  interests,  especially  those  not  covered  by  market  forces.  Given  the  increasing 

EN 

47 

   EN 

 
 
number  of  consumers  travelling  for  leisure  or  work  within  the  European  Union,  it  becomes 
more and more important to ensure that they can count on a similar set of rights wherever they 
are. This can be achieved by an action on Community level. 

Member  States  are  imposing  public  service  obligation  on  bus  operators,  including  quality 
standards  of  the  services.  These  standards  should  provide  passengers  with  a  high  level  of 
protection.  Member  States  should  be  free  to  further  regulate  these  services  with  regard  to 
passenger  rights  provided  that  they  can  ensure  a  comparable  amount  of  rights  to  that 
established on Community level. 

Other domestic services not covered by public service obligation may not be subject to such 
obligations. Therefore they may be regulated on uniform way in all Member States. This can 
be achieved by Community legal instrument. 

From  the  passenger's  point  of  view,  on  the  other  hand,  the  benefits  are  far  greater  if  a 
regulation  covers  both  international  and  domestic  trips.  For  example,  should  an  accident 
happen to a coach covering the trip Madrid-Paris, those passengers on the coach who intended 
to  cross  the  border  would  be  protected  and  would  have  rights  under  the  new  proposal  for  a 
Regulation, whereas those who intended to get off the coach at Gerona, just before the border, 
or those who embark at Montpellier would not be protected and would have no rights.  

Situations of this kind would be very common. Taking the example of a coach travelling from 
Madrid  to  Lisbon  with  a  stop  in  Badajoz,  the  passengers  crossing  the  border  would  have 
rights that those disembarking just a few kilometres before would not have. A disabled person 
would be protected by the regulation if travelling from Krakow to Berlin, but another disabled 
person, sitting on the same coach, but travelling only from Krakow to Poznan, i.e. before the 
border,  would  not  be  protected.  Community  citizens  would  not  understand  their  rights  and 
their protection would differ according to the nature of the trip in Europe. 

The same problem arises with railway passenger rights. Originally the Commission proposed 
to  cover  only  international  cross-border  services  and  no  domestic  services.  The  European 
Parliament  rejected  this  approach,  as  the  Commission  proposal  would  have  created  two 
classes  of  passengers.  Those  who  could  afford  to  travel  on  Thalys  would  be  protected, 
whereas domestic passengers on regional services would be without rights. Even worse, there 
would be different legal  regimes  on  the same train:  a passenger  leaving the train before the 
border would be unprotected whereas a passenger leaving after the border would be protected. 
Council  has  finally  accepted  this  point  of  view,  and  the  adopted  regulation  will  cover  both 
international and domestic rail trips. 

5.7. 

Impact on SMEs 

Given the structure of the bus and coach industry, the measures proposed will have an impact 
on small and medium-sized enterprises. Depending on the option chosen the impact on SMEs 
may range from: none (option 1), very limited (option 4), modest (option 2) to large (option 
3). 

The  sector  is  characterised  by  the  dominance  of  small  and  medium-sized  enterprises.  In 
general,  some  26%  of  the  companies  providing  international  services  have  only  one  bus  or 
coach, 50% of the companies have 2 to 10 vehicles, 20% have 11 to 50 vehicles and 4% have 

EN 

48 

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more  than  50  vehicles.  This  size  distribution  is  quite  similar  to  the  size  distribution  in 
domestic transport45 

A survey46 carried out by IRU on profitability in international bus and coach transport showed 
that, in the EU25, profit levels range between 0% and 5%.  

The  main  reason  for  this  is  the  relatively  easy  access  to  the  profession  and  to  the  market, 
which encourages firms to expand fleets immediately when they see a market upturn. Such an 
expansion of fleets then contributes to overcapacity, leading to a drop in price levels. 

Furthermore,  although  large  firms  do  achieve  economies  of  scale,  they  lack  flexibility  as 
regards  the  utilisation  of  their  fleets,  and  a  negative  development  in  one  or  two  market 
segments could easily put large firms in trouble. Smaller firms are more flexible, and are able 
to switch more easily between different markets segments.  

Options  1  and  2  would  not  create  any  new  burden  for  small  and  medium-sized  enterprises. 
Whereas the costs generated by option 2 would be moderate (liability issues, assistance), the 
impact of option 3 would be significant in terms of the cost of a fleet of vehicles available to 
disabled persons and persons with reduced mobility. 

5.8. 

Administrative costs 

Options  1  and  4  would  not  generate  any  additional  administrative  cost,  but  options  2  and  3 
may  have  some  financial  implications.  However,  at  this  stage,  the  administrative  costs  of 
implementing  the  provisions  on  enforcement  of  passenger  rights  can  be  quantified  on  the 
basis  of  the  work  of  national  enforcement  bodies  under  Regulation  (EC)  No  261/2004.  A 
legislative  initiative  will  clearly  involve  an  administrative  cost  for  the  Member  States.  The 
national  enforcement  body  (referred  to  hereinafter  as  "NEB"),  designated  by  each  MS,  will 
have  to  process  an  increasing  number  of  complaints  from  passengers.  According  to  the 
“Review  of  Regulation  261/2004”47  on  air  transport,  the  25  NEBs  reported  that  they  had 
received  around  32 000  complaints  under  the  Regulation  since  it  came  into  force,  which  is 
equivalent  to  44  complaints  per  million  passengers  departing  from  EU  airports.  There  are 
significant  differences  in  the  resources  available  to  NEBs  to  handle  these  complaints. 
However, the average number of staff working on enforcement of the Regulation, by Member 
State,  expressed  in  terms  of  full  time  equivalents  (FTEs)  is  0.09  per  million  departing 
passengers. 

Assuming that the rate of complaints per passenger in bus and coach transport will be similar 
to  that  reported  for  air  transport,  and  given  that  the  number  of  international  passengers 
transported by bus and coach in 2004 was estimated at approximately 72.8 million48, it can be 
assumed  at  this  stage  that  the  number  of  complaints  to  be  handled  per  year  will  amount  to 
around  3 200.  If  the  proposed  regulation  is  also  extended  to  include  long-distance  domestic 
services, the above figure can reasonably be expected to triple; consequently, the number of 
complaints to be handled in a year could be around 10.000. However, this number may prove 
to be an overestimate if a "lighter" regulatory regime is chosen for buses and coaches. 

45 
46 
47 

48 

IRU, NEA "A study to update road transport statistics in Europe", May 2006 
See footnote 49 
European Commission DG TREN: “REVIEW OF REGULATION 261/2004”. Report was prepared by 
Steer Davies Gleave (February 2007) 
see Chapter I. 

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49 

   EN 

 
                                                 
It  is  estimated  that  the  designated  NEBs  will  have  to  employ  7  FTEs  to  handle  complaints 
related to international bus and coach services. If the forthcoming regulation is also to apply 
to domestic services, then the number of FTEs to be employed by the NEBs might be as high 
as 20. Therefore, the number of persons to be employed to enforce the forthcoming regulation 
is expected to be less than one unit per MS. Given that the average labour cost for one FTE in 
public administration in EU27 was EUR32 600 per year in 200449, the total cost of employing 
seven extra FTEs will be EUR 214 000 and the total cost of employing 20 extra staff will be 
roughly  EUR 640 000.  It  is  possible  that  these  labour  costs  might  be  overestimated;  in  fact, 
considering the small number of staff required, it is likely that the complaints will initially be 
handled by the existing staff.  

6. 

KEY CONCLUSIONS OF THE IMPACT ASSESSMENT 

This chapter sets out the optimal policy options with a view to achieving the objectives of the 
legislative act. It contains a succinct comparison of available options with regard to the main 
policy objectives as defined in Chapter 2 of the document. The scoring reflects the cost and 
associated benefits of each option for every measure considered under this impact assessment. 
The  benefits  are  measured  against  the  objectives  of  an  EU  action  and  the  ability  of  the 
measure considered to address effectively the problems identified. The option preferred is the 
one that represents the best ratio. 

6.1. 

Principle of non-discrimination and assistance to disabled people and those with 
reduced mobility 

The  optimum  policy  option  is  the  standard  protection  scenario  (which  also  covers  domestic 
services). 

The choice of the best option has been influenced by two main issues: 

•  Trade-off  between  the  asserting  of  passenger  rights  and  increasing  costs.  The  additional 
costs to the operators are likely to be passed on to passengers in the form of higher fares. 
An increase in ticket price might result in less social inclusion for disadvantaged categories 
of persons; 

•  Bus  and  coach  passengers  are  "price-sensitive"  customers  and  an  increase  in  fares  may 

cause a modal shift to low cost airlines, cars and railways; 

•  Bus and coach passengers are often those on low incomes. 

Therefore,  in  order  to  assert  the  principle  of  non-discrimination  and  assistance  to  disabled 
persons and persons with reduced mobility, the proposed policy has to guarantee an optimum 
level  of  accessibility  which  compels  the  operators  and  the  terminals  to  install  adequate 
features and, at the same time, to avoid any attendant increase in ticket prices. 

Therefore, taking the best available option, an EU legislative act should include at least the 
following elements: 

49 

Eurostat Labour Market Survey (2004). 

EN 

50 

   EN 

 
                                                 
•  Assistance at the terminal. The terminal manager shall be responsible for the provision of 

the assistance to disabled persons and persons with reduced mobility.  

•  Assistance  on  board.  A  coach  or  bus  operator  and/or  a  tour  operator  shall  provide 
assistance to disabled persons and persons with reduced mobility both on board and during 
boarding and disembarking from a vehicle. 

•  Non-discrimination with regard to making a reservation  

Table 13 – Costs-Benefit analysis: Principle of non-discrimination and assistance to disabled 
persons and persons with reduced mobility 

Principle  of  non-discrimination  and  assistance  to  disabled  persons 
and persons with reduced mobility50 

Policies 

Costs 

1) No Policies option 

- 

X X 

Training costs  

Standard 

2) 
scenario 

protection 

The  assistance  can  be  provided  directly 
from either the driver, the second driver, on 
board attendant and terminal staff). 

Capital costs for adapting l terminals; 

Benefits 

(cid:51) 

Some  country  have  already  adopted  a 
regulation (i.e. UK, Sweden, Ireland et al.) 

(cid:51) (cid:51)(cid:51) 

Disabled persons and persons with reduced 
mobility (10% of EU population) will have 
international  scheduled 
full  access 
services 

to 

3.I)  Enhanced  protection 
scenario  (only  international 
transport) 

3.II)  Enhanced  protection 
scenario  (both  domestic  and 
international transport) 

X X X X X 

As with Option 2 

(cid:51) (cid:51) (cid:51) 

Accessibility  of  bus  and  coaches  will 
generate significant costs 

As  with  Option  2  +  Accessibility  extended 
to international occasional services 

Carriers  offering  occasional  international 
services will be affected 

X X X X X 

(cid:51) (cid:51) (cid:51) (cid:51) 

As  with  Option  3.I,  but  also  carriers  and 
terminals domestic services will be affected 

As with Option 3.I + Accessibility extended 
to domestic services 

50 

The  evaluation  criteria  used  to  assess  costs  are  as  follows:  none  (-),  very  modest  (X),  modest  (XX), 
significant (XXX), high (XXXX), very high (XXXXX).The evaluation criteria used to assess benefits 
are:  as  follows:  none  (-),  very  modest  (√),  modest  (√√),  significant  (√√√),  high  (√√√√),  very  high 
(√√√√√). 

EN 

51 

   EN 

 
 
                                                 
4) Self-regulatory scenario 

- 

(cid:51) 

to  disabled  persons  and 
Accessibility 
persons  with  reduced  mobility 
is  not 
expected  to  increase  compared  to  the  no 
policy option 

6.2. 

Principle of liability of operators in the event of death or injury of passengers 

The  optimum  policy  option  is  the  enhanced  protection  scenario  (both  domestic  and 
international transport). 

Option 3.II is seen as the best option because it will increase protection of passengers’ rights 
(both domestic and international) and will establish the responsibility of the operators at EU 
level, with only a moderate impact on the costs to the operators. 

Option 3.I would solve all problems of legal differences between Member States on the issue 
of  international  services,  but  it  could  also  open  up  some  issues  regarding  discrimination 
between  domestic  and  international  passengers.  In  fact,  since  there  are  few  if  any  national 
laws at the present time, the EU provisions would mean that national journeys would benefit 
from  less  protection  than  European  journeys:  this  difficulty  might  be  overcome  simply  by 
including domestic transport in the scope of the provisions (Option 3.II). 

Table 14 – Costs-Benefit analysis. Principle of liability of operators in the event of death or 
injury of passengers 

Principle of liability of operators in the event of 

death or injury of passengers51 

Policies 

Additional Costs 

Benefits 

(cid:51) (cid:51) 

1) No Policies option 

- 

X 

Some  benefits  are  already  granted  by 
Directive 
national 
legislation. 

2005/14/CE 

and 

(cid:51) (cid:51) 

Standard 

2) 
scenario 

protection 

Additional  insurance  costs  to  the  operators 
of  Member  States  whose 
national 
legislation  is  not  already  compliant  to  the 
proposed regulation. 

The  benefits  are  not  expected  to  increase 
significantly  compare  to  the  no  policy 
option. 

51 

The  evaluation  criteria  used  to  assess  costs  are  as  follows:  none  (-),  very  modest  (X),  modest  (XX), 
significant (XXX), high (XXXX), very high (XXXXX).The evaluation criteria used to assess benefits 
are:  as  follows:  none  (-),  very  modest  (√),  modest  (√√),  significant  (√√√),  high  (√√√√),  very  high 
(√√√√√). 

EN 

52 

   EN 

 
                                                 
3.I)  Enhanced  protection 
scenario  (only  international 
transport) 

X X X 

(cid:51) (cid:51) (cid:51) 

As with option 2, but operators will have to 
borne extra costs due to advanced payment 
and more expensive legal procedures. 

Passenger  will  benefit  of  better  legal  and 
economic protection. 

3.II)  Enhanced  protection 
scenario  (both  domestic  and 
international transport) 

X X X X 

(cid:51) (cid:51) (cid:51) (cid:51) (cid:51) 

As  with  option  3.I,  but  also  carriers 
operating  only  on  domestic  market  will  be 
affected. 

As  with  option  3.I  but  benefits  will  be 
extended to domestic journeys. 

4) Self-regulatory scenario 

- 

(cid:51) (cid:51) 

Benefits  are  likely  to  be  limited  compared 
to the no policy option. 

6.3. 

Quality  standards  /  information  obligations  /  compensation  and  assistance  in 
case of cancellations, delays and denied boarding 

The  optimal  policy  option  is  the  standard  protection  scenario  combined  with  aspects  of  the 
self-regulatory option. 

Option 2 (standard protection scenario) would be preferable because sufficient protection of 
passengers guaranteed by legislation will also encourage bus and coach transport operators to 
offer better services without raising fares. They will have a greater incentive to pay attention 
to passengers’ demands, maintain consistently high standards and avoid any failure in service 
that  could  create  dissatisfaction  among  passengers.  This  should  improve  their  position  on  a 
market  in  which  companies  compete  on  both  price  and  quality  of  service.  Therefore,  a 
legislative  initiative  on  passenger  protection  can  be  expected  to  contribute  positively  to  the 
competitiveness of Community operators.  

Lastly,  it  should  be  noted  that  introducing  an  obligation  of  “compensation  in  the  event  of 
delay”  may  not  be  recomended,  since  it  might  prove  impossible  to  regulate  this  area 
effectively  because  of  difficulties  in  apportioning  responsibility  for  the  delay  which  are 
directly related to the definition of cause of “force majeure”. This may also have an adverse 
effect  on  road  safety,  as  carriers  may  be  tempted  to  disregard  other  relevant  provisions  in 
order  to  avoid  the  financial  consequences  of  a  mandatory  compensation  scheme.  Therefore 
any compensation scheme for delays should take into consideration these circumstances. The 
Commission  should  encourage  European  bus  and  coach  companies  to  draw  up  appropriate 
quality standards and develop good practices. 

Table 15 – Costs-Benefit analysis with regard to Quality standards / information obligations / 
compensation and assistance in case of cancellations, delays and denied boarding 

Quality  standards  /  information  obligations  /  compensation  and 
assistance in case of cancellations, delays and denied boarding52 

52 

The  evaluation  criteria  used  to  assess  costs  are  as  follows:  none  (-),  very  modest  (X),  modest  (XX), 
significant (XXX), high (XXXX), very high (XXXXX).The evaluation criteria used to assess benefits 
are:  as  follows:  none  (-),  very  modest  (√),  modest  (√√),  significant  (√√√),  high  (√√√√),  very  high 
(√√√√√). 

EN 

53 

   EN 

 
                                                 
Policies 

Additional Costs 

Benefits 

1) No Policies option 

- 

Standard 

2) 
scenario 

protection 

X 

Additional costs for operators.  

(cid:51) 

Passenger can already benefit from Charters 
and  guarantees  adopted  by  some  European 
carriers, even if not fully comprehensive.  

(cid:51) (cid:51) (cid:51) (cid:51) 

Minimum  standard  of  quality/information 
obligation  /  compensation  and  assistance 
defined at EU level. 

3.I)  Enhanced  protection 
scenario  (only  international 
transport) 

X X X 

(cid:51) (cid:51)(cid:51)(cid:51)  

Costs  to  the  operators  will  be  higher 
compared  to  option  II  because  the  rules  of 
protection are strictly defined. 

Comprehensive 
/ 
information  obligation  /  compensation  and 
assistance defined at EU level. 

standard  of  quality 

3.II)  Enhanced  protection 
scenario  (both  domestic  and 
international transport) 

X X X X 

(cid:51) (cid:51) (cid:51) (cid:51) (cid:51) 

Also carriers operating on domestic services 
will be affected 

As  with  option  3.I,  but  benefits  are 
that  undertake 
extended 
domestic journeys. 

to  passengers 

4) Self-regulatory scenario 

X 

Operators  would  not  be  incurring  large 
additional costs 

(cid:51)(cid:51) (cid:51) 

Benefits  are  likely  to  be  limited  in  the 
beginning, but  may increase when the self-
regulatory  agreement  become  more  general 
across the EU.  

6.4. 

Final conclusions: 

It is considered that the selected options: 

•  Are  the  most  appropriate  with  a  view  to  achieving  the  objectives  of  strengthening 

passenger rights in bus and coach transport 

•  Guarantee the basic rights of passengers across the EU 

•  Ensure a level of protection of passengers that is comparable with other modes of transport 

•  Ensure  non-discriminatory  treatment  of,  and  assistance  to,  disabled  persons  and  persons 

with reduced mobility with a view to their social integration 

•  Generate  only  limited  costs  for  economic  operators,  especially  small  and  medium-sized 

enterprises, and for Member States 

•  Give  precedence  to  a  self-regulatory  approach  whenever  operators  themselves  can 
guarantee a high level of passenger care and service quality as part of market competition. 

EN 

54 

   EN 

 
7. 

CONSIDERATIONS  ON  THE  IMPLEMENTATION  OF  THE  PROPOSED 
POLICY OPTION 

7.1. 

Implementation and level of compliance 

Currently,  passengers  using  international  bus  and  coach  transport  across  the  EU  enjoy  a 
variable level of protection, depending inter alia on the rights established under national law, 
which  are  often  inconsistent  and  patchy.  Given  that  most  Member  States  do  not  appear  to 
have appropriate legislation in place to protect passengers that use this mode of transport, then 
none  of  the  existing  systems  guarantees  immediate  assistance  and  compensation  without 
recourse to national judicial systems. Furthermore, there are very few Member States whose 
national  legislation  contains  specific  provisions  on  accessibility  and  assistance  to  disabled 
persons and persons with reduced mobility. 

7.2. 

Risk of failure  

The  level  and  degree  of  compliance  with  the  provisions  depends  largely  on  the  legal 
instrument chosen and the clarity of the legal text. Moreover, the success or failure of the EU 
intervention  depends  on  the  Member  States  putting  in  place  an  efficient  system  of 
implementation.  The  unsatisfactory  implementation  of  Regulation  (EC)  No  261/2004  on  air 
passengers'  rights  has  demonstrated  that  this  is  a  crucial  issue53.  These  problems  with 
enforcement should be taken into consideration with regard to the establishment of passenger 
rights  in  other  modes  of  transport  in  terms  of  clarity  of  provisions  and  effectiveness  of 
complaint handling procedure. 

By the same token, the effectiveness of voluntary charters, especially with regard to quality 
standards,  is  highly  debatable:  the  strong  views  expressed  by  consumers’  organisations 
confirm  that  codes  of  conduct  have  so  far  failed  to  deliver  full  implementation.  Past 
experience  has  demonstrated  that,  even  when  the  carriers  have  satisfied  the  commitment  to 
transform  voluntary  commitments  into  a  contractual  obligation,  passengers  have  been 
dissatisfied with the actual performance of the services. However, the active involvement of 
the European Commission may in itself provide an incentive for bus and coach enterprises to 
draw up viable voluntary agreements on service quality and passenger care.  

7.3. 

Outline of possible monitoring tools 

In line with other acts establishing passenger rights, Member States should designate an entity 
responsible  for  the  enforcement  and  the  application  of  the  proposed  regulation,  taking  the 
necessary steps to ensure that the rights of passengers are respected. 

Furthermore,  the  designated  body  should  also  examine  complaints  from  passengers  and 
ensure  that  their  rights  are  respected  when  infringements  are  found.  Passengers  should  be 
allowed  to  complain  about  any  infringements,  wherever  they  happen,  to  the  body  in  the 
Member  State  where  they  reside  and  even  to  refer  the  complaint  to  the  competent  national 
body, if necessary. 

53 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE 
COUNCIL pursuant to Article 17 of Regulation [EC]261/2004 on the operation and the results of this 
Regulation  establishing  common  rules  on  compensation  and  assistance  to  passengers  in  the  event  of 
denied boarding and of cancellation or long delay of flights. COM(2007)0168 

EN 

55 

   EN 

 
                                                 
Furthermore, Member States should be required to set penalties for infringements of the act, 
and these penalties must be effective, proportionate and dissuasive. 

EN 

56 

   EN