Proposal for a Regulation of the European Parliament and of the Council concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws {SEC(2008) 2950} {SEC(2008) 2951}
Date: 2008-12-04
Institutions: European Commission
Subjects: carriage of passengers, consumer protection, maritime transport, transport law, transport regulations

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 4.12.2008 
COM(2008) 816 final 

2008/0246 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

concerning the rights of passengers when travelling by sea and inland waterway and 
amending Regulation (EC) No 2006/2004 on cooperation between national authorities 
responsible for the enforcement of consumer protection laws  

{SEC(2008) 2950} 
{SEC(2008) 2951} 

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EXPLANATORY MEMORANDUM 

1. 

BACKGROUND TO THE PROPOSAL 

1.1. 

Grounds and objectives 

The process of opening up the market for the carriage of passengers by sea was launched in 
1986 and consolidated in 1992 when maritime transport markets were opened up between the 
Member States. However, the opening of a market is not complete until consumers, and not 
only companies, can derive the maximum benefits. Effective consumer rights are essential in 
order to ensure that liberalisation allows real choices and to give consumers the confidence to 
switch modes of transport if they wish to do so.  
In  the  White  Paper  “European  transport  policy  for  2010:  time  to  decide”1  the  European 
Commission envisaged the establishment of passengers’ rights in all modes of transport and 
thus  place  users  at  the  heart  of  the  transport  policy.  The  need  for  action  in  this  regard  was 
further  highlighted  in  the  Communication  of  16  February  20052  on  strengthening  passenger 
rights within the European Union in which the Commission presented a policy approach on 
how  to  extend  passenger  protection  measures  to  all  modes  of  transport.  In  that 
Communication  the  Commission  already  identified  which  rights  should  be  strengthened  by 
Community action irrespective of the mean of transport.  

Passengers need a common set of principles that apply to all modes of transport, so that they 
can be more readily aware of their rights if something goes wrong with their trip, by whatever 
form of transport. 

With regard to maritime transport the European Commission identified the following rights to 
be strengthened: 1) specific measures in favour of persons with reduced mobility (PRMs); 2) 
automatic  and  immediate  solutions  when  travel  is  interrupted  (long  delays,  cancellations  or 
refusal of carriage); 3) passenger information obligations, and; 4) treatment of complaints and 
means of redress.  

There is already a Commission proposal for a Regulation on liability of carriers of passengers 
by sea and inland waterways in the event of accidents3. 

1.2.  Maritime transport 

Twenty-two  out  of  the  European  Union's  27  Member  States  are  coastal  countries.  Four  of 
those 22 Member States (United Kingdom, Ireland, Malta and Cyprus) are islands and eight 
others  (Portugal,  Spain,  France,  Italy,  Greece,  Denmark,  Sweden  and  Finland)  have 
archipelagos  or  large  islands  with  big  populations.  In  the  archipelagos  and  the  outlying  and 
outermost regions of the European Union, where dense maritime passenger traffic is essential 
for their integration in the social and economic fabric of the European Union, there is often no 
alternative mode of transport.  

Over  the  last  thirty  years,  there  has  been  a  boom  in  mobility  in  Europe.  For  millions  of 
citizens,  travel  has  become  a  reality,  mobility  is  a  necessity.  This  phenomenon  is  due  to  a 
number of factors, but above all to economic growth, the completion of the internal market, 

1 
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COM(2001) 370, 12.9.2001. 
COM(2005) 46. 
The Commission has already put forward a proposal for a Regulation on liability in the event of death 
and injury in 2005, which is currently before the Council and the European Parliament: Proposal for a 
Regulation of the European Parliament and of the Council on the liability of carriers of passengers by 
sea and inland waterways in the event of accidents - COM(2005) 592. 

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lower  travel  costs  and  progress  towards  a  European  “area  without  internal  frontiers”4.  As  a 
direct result of this development, 398 million people passed through the ports of the European 
Union in 20065 

The importance of maritime passenger transport is also reflected in the number of operators 
involved. There are nearly 300 operators on the European ferry and RoRo (Roll-on, Roll off) 
markets, and Europe has approximately 800 passenger ports. Maritime passenger transport is 
evenly  spread  throughout  Europe,  with  a  similar  number  of  routes  carrying  more  than  one 
million passengers per year in each of the three coastal zones of the European Union (Baltic 
Sea, North Sea, and Mediterranean Sea).  

1.3. 

Issues addressed 

The purpose of this proposal is to establish the rights of domestic and international maritime 
passengers,  including  those  who  are  disabled  or  persons  with  reduced  mobility,  in  order  to 
improve  the  attractiveness  of  and  confidence  in  maritime  transport,  as  well  as  to  achieve  a 
level playing field for carriers from different Member States and for other modes of transport. 
Essentially, the proposal lays down provisions on the following:  

– 

– 

– 

– 

– 

Accessibility,  non-discrimination  and  assistance  to  disabled  persons  and 
persons with reduced mobility;  

Obligations for carriers when travel is interrupted in the event of cancellation 
or delay; 

Obligation to inform passengers travelling by sea and inland waterways of their 
rights; 

Handling of complaints; 

General rules of enforcement. 

2. 

SCOPE OF APPLICATION  

This  proposal  covers  domestic  and  international  commercial  passenger  maritime  and  inland 
waterway  services.  Its  aim  is  to  establish  minimum  rules  on  information  for  all  maritime 
passengers  before  and  during  their  journey,  addressing  issues  of  interruptions  of  journeys, 
rules to be observed in the event of delays, dealing with complaints and providing assistance 
for persons with reduced mobility. With regard to the settlement of disputes, this proposal for 
a Regulation provides for the setting-up of independent bodies. 

The  existing  legal  framework  governing  the  maritime  transport  sector  is  divided  into  the 
following  categories:  international  conventions;  European  legislation  (and  subsequent 
implementation in national law); national legislation; and voluntary agreements. 

Generally speaking, the international and European legislation that is in place focuses mainly 
on safety issues. 
The  main  reference  to  critical  events  is  found  in  the  package  tour  Directive6;  although  this 
does  not  reflect  a  fully  harmonised  view:  situations  of  unequal  treatment  of  different 
passengers involved in the same type of event can have different protection. 

4 
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Article 2 of the European Union Treaty. 
Source: Eurostat. Because of double counting this represents about 199 million maritime passengers. 
Directive  90/314/EEC:  Package  travel,  package  holidays  and  package  tours  regulations  (OJ  L  158, 
23.6.1990, p. 59). 

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Directive  2003/24,  which  amends  Directive  98/18/EC  on  safety  rules  and  standards  for 
passenger ships engaged on domestic voyages,7 includes specific requirements for PRMs, in 
particular  access  to  the  ship,  signs,  messages  relay  systems,  alarms  and  additional 
requirements,  designed  to  ensure  mobility  on  board  ship.  The  issue  of  accessibility  to  new 
ships  for 
the  International  Maritime 
Organisation's Recommendation on the Design and Operation of Passenger Ships to Respond 
to Elderly and Disabled Persons' Needs8. 

international  services  has  been  regulated  by 

Regarding national legislation, in some EU Member States, there are also specific regulations 
concerning PRM rights in the transport sector and in particular in the maritime sector. These 
rules are mainly administered by a public authority and, to a certain extent, cover access by 
PRMs to maritime transport. It is uncertain to what degree these regulations give PRMs the 
right in practice to demand access to maritime transport and assistance if necessary. 

However,  other  domestic  and  international  maritime  transport  services  are  regulated  at 
national level only for a number of matters such as non discrimination, assistance, information 
and  accessibility  to  ports.  The  laws  of  the  Member  States  offer  differing  solutions  for 
passengers  and  a  variable  level  of  protection.  The  assistance  provided  to  disabled  persons 
differs markedly from on Member State to another.  

This  proposal  enhances  consumer  rights  by  promoting  price  transparency  and  non-
discrimination in the area of tariffs on grounds of nationality or residence. It also establishes 
the  general  principle  of  prohibiting  the  refusal  to  carry  persons  with  reduced  mobility.  This 
category of passengers is often prevented from travelling by boat due to a lack of accessibility 
of these services and the failure of shipping companies to offer the necessary assistance. Any 
discrimination on grounds of disability or reduced mobility with regard to booking a trip or 
boarding a ship is forbidden. 

3. 

CONSISTENCY WITH OTHER EU POLICIES AND OBJECTIVES 

The proposal for a Regulation will contribute to the achievement of the Treaty's objectives by 
ensuring  an  enhanced  level  of  consumer  protection,  combating  discrimination  and  social 
exclusion of persons with disabilities and allowing European citizens to take full advantage of 
the opportunities created by the internal market. 

Establishing and further strengthening the rights of passengers reflects 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  them"9,  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  the  passenger  rights  that  have  been 
developed in the aviation sector to other transport modes, in particular as regards passengers 
with reduced mobility. 

The  proposal  regarding  the  rights  of  passengers  in  maritime  transport  services  is  consistent 
with  the  objectives  of  combating  social  exclusion,  as  it  establishes  the  principle  of  non-

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Directive  2003/24/EC  of  the  European  Parliament  and  of  the  Council  of  14  April  2003  amending 
Council  Directive  98/18/EC  on  safety  rules  and  standards  for  passenger  ships  (OJ  L  123,  17.5.2003, 
p. 18). 
IMO MSC /Circ.735. 
COM(2007) 99. 

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discrimination and assistance to disabled people. The proposal is also in line with Article 21 
of the Charter of Fundamental Rights, which lays down a general principle of prohibition of 
any  discrimination  based  on  any  ground  such  as  sex,  race,  colour,  ethnic  or  social  origin, 
genetic feature, language, religion or belief, political or any other opinion, membership of a 
national  minority,  property,  birth,  disability,  age  or  sexual  orientation.  It  also  ties  in  with 
Article 13 of the EC Treaty, which enables the Community  to  combat  discrimination  in  the 
areas  of  Community  competence.  The  proposal  is  also  in  line  with  the  United  Nations 
Convention on Rights of Persons with Disabilities, signed by all the Member States and the 
European Community.  

Article 12 of the EC Treaty provides that any discrimination on the grounds of nationality is 
prohibited.  Therefore,  in  the  maritime  sector  also,  and  without  prejudice  to  public  service 
obligations requiring social tariffs, contract conditions and tariffs applied by carriers or other 
ticket  vendors  shall  be  offered  to  the  general  public  without  any  discrimination  based  on 
grounds of the nationality or the place of residence of the final customer or on the place of 
establishment of the ticket vendors within the Community.  

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  Spring  European  Council  on  the  Single 
Market Review10. The single market generates benefits for consumers by widening choice and 
lowering prices and providing adequate protection.  

In  this  respect,  the  establishment  of  rights  for  passengers  travelling  by  sea  or  inland 
waterways  will  complement  the  progress  achieved  in  the  transport  sector  within  the 
framework  of  the  European  Single  Market.  This  proposal  ensures  that  maritime  passengers 
can enjoy improved protection in order to fully benefit from the Single Market and have the 
confidence to take advantage of it. 

4. 

CONSULTATION OF INTERESTED PARTIES 

4.1. 

The public consultation 

In  2006,  the  European  Commission  launched  a  public  consultation  on  maritime  passenger 
rights, which partly focused on the protection of the rights of persons with reduced mobility 
during a journey by sea and inland waterway. The results of this consultation were published 
on  DG  TREN's  website  on  6  December  2006,  and  supplemented  by  the  conclusions  of  the 
meeting held on 18 January 2007 between stakeholders and DG TREN services. 

Respondents were virtually unanimous in the view that there should be a common minimum 
level  of  protection  for  passengers'  rights  throughout  the  EU,  irrespective  of  the  mode  of 
transport or whether a journey takes place wholly within a single Member state or crosses an 
internal or external frontier. It was emphasised that maritime passengers are often among the 
most  vulnerable  members  of  society,  who  are  not  accustomed  or  do  not  have  the  means  to 
lodge a complaint or to stand up for their rights. 

The  contributions  received  revealed  a  clear  division  between  maritime  operators  and  their 
associations  and  federations  on  the  one  hand  and  consumer  associations  on  the  other,  even 
though all of them agree that a minimum level playing field is necessary. As a general rule, 
operators  see  only  a  limited  need  for  regulation  at  Community  level,  whereas  consumer 
associations  call  for  extensive  rights  for  passengers  and  even  more  so  where  the  rights  of 
PRM  passengers  are  concerned.  Most  of  the  replies  received  from  Member  States 

10 

A  single  market  for  citizens  -  Interim  report  to  the  2007  Spring  European  Council,  Brussels 
COM(2007) 60, 21.2.2007. 

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governments  supported  a  further  strengthening  of  protection  in  the  sector  through  EU 
intervention.  

As  regards  PRMs,  the  majority  of  respondents,  including  all  Member  States  and  local 
authorities  who  contributed  to  the  consultation,  consider  that  the  rights  of  persons  with 
reduced mobility should be governed by the same four principles (non-discrimination, access, 
assistance  and  proper  information)  whatever  the  mode  of  transport  used,  subject  to  the 
specific features of each mode of transport.  

All  respondents  to  the  consultation  also  agree  on  the  following  point:  namely,  that  the 
additional costs of measures to improve accessibility and assistance for PRMs should not be 
borne solely by the latter. 

At the meeting between stakeholders and DG TREN services held on 18 January 2007, none 
of  those  present  when  explicitly  asked  challenged  the  need  for  legal  regulation  and 
harmonisation at EU level. 

Nevertheless, the different contributors to the consultation have varying perceptions as to the 
scale  of  the  problem,  regarding  certain  issues  such  as  information,  accessibility  and 
enforcement. 

4.2. 

Collection and use of expertise 

In  October  2006  the  Commission  received  an  opinion  from  the  European  Energy  and 
Transport  Forum  which  encourage  Community  action  in  the  field  of  maritime  passengers' 
rights.  

The  Commission  also  took  into  consideration  an  independent  study  commissioned  by  DG 
TREN in 2005-2006 on the “Analysis and assessment of the level of protection of passenger 
rights  in  the  EU  maritime  transport  sector”.  This  study  examined  the  rights  of  passengers 
confronted  by  disruptions  but  also  the  protection  of  the  rights  of  persons  with  reduced 
mobility. 

The overall conclusions of the general study were that the protection of passengers was not 
fully satisfactory owing, among other things, to a lack of uniformity regarding the extent and 
depth  of  protection  of  the  rights  of  passengers;  the  lack  of  a  framework  of  immediate  and 
predefined  solutions  in  cases  of  cancellations  and  delays;  and  the  lack  of  information  to 
passengers about their rights in the case of a critical event.  

Moreover,  regarding  PRMs,  it  was  concluded  that  there  are  significant  differences  between 
Member States in terms of the protection of PRMs' and that there is room for improvement of 
their  situation;  particular  improvements  can  be  made  as  regards  accessibility  in  ports  and 
ships, non-discrimination and assistance.  

4.3. 

Impact assessment 

The impact assessment carried out in accordance with the established Guidelines essentially 
covered  principles  of  compensation  and  assistance  in  the  event  of  cancellations  and  delays, 
rules of accessibility, non-discrimination and assistance to disabled persons and persons with 
reduced mobility; quality standards and information obligations, rules for handling complaints 
and for monitoring compliance. 

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Four policy options were assessed: 

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– 

"Business  as  usual":  no  EU  action  and  continuing  with  existing  national 
legislations; 

Voluntary agreements  (exchange  of best practice ) developed and adopted  by 
ship operators to improve the situation of persons travelling by sea and inland 
waterway; 

EU  coordination  and  exchange  of  best  practices  to  be  developed  to  enhance 
national legislations; 

Community  legislative  intervention  (for  instance,  by  means  of  a  Regulation) 
establishing improved rights of persons when travelling by boat.  

Summary of the results of the impact assessment: 

As regards the principle of non-discrimination and assistance to disabled persons and persons 
with  reduced  mobility  option  4:  "Community  legislative  action  to  improve  the  rights  of 
persons when travelling by boat" was selected as the best one. 

The  "establishment  of  a  fully  fledged  system"  option  appears  to  be  the  most  effective  as 
regards assistance and information obligations in the event of an interrupted journey. Stronger 
protection of passengers will result in better services being offered.  

The impact assessment report together with its annexes accompanies this draft regulation. 

5. 

LEGAL ASPECTS 

5.1. 

Legal basis 

The legal basis for the proposal is set out in Articles 71 and 80 of the Treaty establishing the 
European Community, to which the co-decision procedure applies. 

5.2. 

Choice of instrument 

The main objective  of the proposal is to ensure an adequate level of protection  of maritime 
passengers  in  general  and  of  passengers  with  reduced  mobility  in  particular.  The  rules 
established  by  the  present  proposal  should  be  applied  in  a  uniform  and  effective  manner 
across  the  European  Union  to  ensure  both  an  adequate  level  of  protection  for  maritime 
passengers and a level playing field for carriers. As the European legislators have agreed, co-
regulation  or  self-regulation  "will  not  be  applicable  where  fundamental  rights  or  important 
political  options  are  at  stake  or  in  situations  where  the  rules  must  be  applied  in  a  uniform 
fashion in all Member States"11. A regulation that is directly applicable appears to be the most 
appropriate instrument to ensure coherent application of the rules in all Member States. The 
Community  has  already  chosen  a  regulation  as  the  most  appropriate  legal  instrument  to 
protect  the  rights  of  air  and  rail  passengers,  and  so  achieve  enforceable  and  equivalent 
passenger rights for maritime transport.  

11 

European  Parliament,  Council  and  Commission  Interinstitutional  agreement  on  better  law-making 
(2003/C 321/01), point 17. 

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5.3. 

Subsidiarity principle 

Passenger  protection  is  a  problem  on  a  European  scale  and  which  requires  a  solution  at 
Community level. The liberalisation of a market and taking into account consumer interests, 
especially  disabled  persons  and  persons  with  reduced  mobility,  are  two  complementary 
aspects of the internal market.The aim of the proposal is essentially to ensure that maritime 
passengers  enjoy  the  same  rights  and  level  of  protection  across  the  European  Union.  Given 
the  international  dimension  of  this  mode  of  transport,  it  is  impossible  for  a  single  Member 
State  or  group  of  Member  States  to  satisfactorily  resolve  the  issues  related  to  passenger 
transport services; thus Community action is called for.  

5.4. 

Proportionality principle 

The  Commission  is  conscious  of  the  danger  of  over-regulation  and  is  maintaining  the 
emphasis placed by the Lisbon European Council on simplifying the regulatory environment. 

The  Commission  has  confined  its  proposal  to  areas  where  specific  Community  rules  are 
necessary and avoids subjects which are better left to self-regulatory measures. The proposal 
is  limited  to  areas  where  the  need  for  Community  action  is  clear  and  widely  accepted.  It  is 
therefore proportionate to the objective sought and appropriate to the circumstances in which 
it is pursued. Without harmonisation, passengers would, at best, enjoy different rights and, at 
worst,  have  no  legal  protection  at  all.  Moreover,  they  would  find  it  difficult  to  know  their 
rights wherever they travelled in Europe and thus to insist on those rights being respected. 

5.5. 

Enforcement 

Maritime  passengers  in  general  and  maritime  passengers  with  disabilities  or  with  reduced 
mobility are in a weak position if maritime operators fail to meet their obligations. The UN 
Convention of Rights of Persons with Disabilities provides for those who claim to be victims 
of violation by a state party of the provisions of the UN Convention, the possibility to submit 
a  Communication.  Therefore  the  development  of  further  EC  regulation  will  provide  more 
effective uniform legal protection across the EU.  

Strict enforcement of the proposed regulation will be necessary. The Commission’s proposal 
therefore includes an article requiring Member States to impose sanctions for non-compliance 
and to designate bodies responsible for enforcing the regulation and for handling complaints 
from  such  passengers.  These  provisions  follow  the  same  approach  as  that  taken  in  the 
following pieces of legislation: the Regulation of the European Parliament and of the Council 
on  compensation  and  assistance  to  passengers  in  the  event  of  denied  boarding  and  of 
cancellation or long delay of flights; the Regulation concerning the rights of disabled persons 
and persons with reduced mobility when travelling by air; and the Regulation of the European 
Parliament and the Council on rail passengers' rights and obligations. 

5.6. 

European Economic Area and Switzerland 

The  proposal  for  a  Regulation  is  of  relevance  to  the  European  Economic  Area  and  should 
therefore be extended to it. The proposal is also of relevance for Switzerland. 

6. 

PROVISIONS OF THE PROPOSAL 

Chapter I 

General Provisions 

Article 1 sets out the subject matter of the Regulation. 

Article 2 sets out the scope of the Regulation 

Article 3 gives the definitions which are to be applied for the purpose of this Regulation. 

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Article 4 concerns conclusion of a transport contract that gives rise to rights enshrined in this 
proposal and establishes non-discriminatory contract conditions 

Article 5 concerns an exclusion of waiver with regard to rights established by this Regulation. 

Chapter II 

Rights of disabled persons and Persons with Reduced Mobility 

Article 6 enshrines the general principle of prohibition of refusal of carriage to the benefit of 
the persons with reduced mobility.  

Article 7 provides that such a rule is without prejudice to certain exceptions and derogations 
notably for justified safety reasons established by law. 

Article 8 sets out general rules on accessibility for disabled persons and persons with reduced 
mobility. 

Article  9  establishes  the  right  to  assistance  at  ports  for  disabled  persons  and  persons  with 
reduced mobility and designates the body which is responsible for assistance at ports, and the 
manner  in  which  this  body  must  finance  such  assistance.  It  is  a  fundamental  principle  that 
assistance shall be provided at no additional cost to the person with reduced mobility. 

Article 10 provides for the right to assistance where no port exists, with reference to Article 9.  

Article 11 also establishes the fundamental principle that assistance shall be provided free of 
charge to the person with reduced mobility in respect of assistance aboard ships. 

Article 12 establishes the principles of assistance at ports, which includes accommodation of 
assistance animals and rules on transit. In order to provide quality assistance to persons with 
reduced mobility at all times, it also lays down timing obligations for the person with reduced 
mobility in the case of booking in advance. 

Article 13 deals with transmission of information to a third party. In order to provide quality 
assistance  to  persons  with  reduced  mobility  at all  times,  operators  (or  port  authorities  if  the 
latter decide to subcontract assistance to them) must receive early notice of their special needs 
prior  to  a  trip.  This  article  lays  down  rules  for  such  transmission  of  information,  and  the 
deadlines to be respected in order to create obligations for operators under this Regulation. 

Article 14 deals with quality standards for assistance to be established by carriers. 

Article 15 lays down requirement to ensure appropriate training for personnel with regard to 
disability issues. 

Article  16  establishes  the  right  to  compensation  for  lost  or  damaged  wheelchairs  and  other 
mobility equipment when being handled at ports or onboard ships. 

Chapter III  Obligations of carriers in the event of interrupted travel 

Article  17  establishes  the  obligation  to  provision  of  information  in  the  event  of  interrupted 
travel. 

Article 18 establishes the right to assistance to passengers in the event of delay or cancellation 
of service. The assistance includes meals, accommodation and transport with special attention 
to disabled persons and persons with reduced mobility. 

Article 19 creates a right for passengers to be rerouted or reimbursed when there has been a 
delay beyond a certain length of time or there has been a cancellation of services. 

Article 20 lays down the right to compensation in the event of travel being interrupted. This 
article further fixes the time limit within which the compensation is to be paid, as well as the 
method of payment. 

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Article 21 paves the way for seeking further compensation. 

Article  22  encourages  carriers  to  adopt  arrangements  with  a  view  to  enhancing  passengers' 
rights and quality of service. 

Chapter IV 

Information for passengers and handling of complaints 

Article 23 establishes general right to travel information to all passengers. 

Article  24  requires  carriers,  performing  carriers  and  managing  bodies  of  ports  to  provide 
passengers with information on their rights under this Regulation. 

Article 25 establishes rules for a complaint handling procedure. 

Chapter V 

Enforcement and National Enforcement Bodies 

Article  26  establishes  rules  for  the  enforcement  of  the  present  Regulation,  and  in  particular 
requires  Member  States  to  designate  national  enforcement  bodies  to  which  passengers  may 
complain about alleged violation of their rights under this draft Regulation. 

Article 27 requires enforcement bodies to publish an annual report on their activities 

Article 28 establishes the principle of cooperation between national enforcement bodies 

Article  29  requires  that  Member  States  should  adopt  dissuasive  penalties  in  case  of  non- 
respect of passenger rights. 

Chapter VI 

Final provisions 

Article 30 provides that the Commission should report to the Council and the Parliament on 
the functioning of the Regulation three years after the entry into force of the Regulation.  

Article  31  concerns  the  amendment  to  Regulation  EC  No  2006/2004  of  the  European 
Parliament and of the Council on cooperation between national authorities responsible for the 
enforcement of consumer protection laws. 

Article 32 provides that the Regulation shall enter into force 20 days after publication in the 
Official Journal of the EU and shall apply with effect from one year after that date. 

Annex I establishes the right to reimbursement or re-routing in case of advance booking by a 
disabled person or a person with reduced mobility who has been denied embarkation on the 
grounds of his or her disability or reduced mobility. 

Annex II defines the scope of assistance to be offered to disabled persons and persons with 
reduced mobility in ports. 

Annex III defines the scope of assistance to be offered to disabled persons and persons with 
reduced mobility aboard ships. 

Annex IV relates to the content of disability-related training.  

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2008/0246 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

concerning the rights of passengers when travelling by sea and inland waterway and 
amending Regulation (EC) No 2006/2004 on cooperation between national authorities 
responsible for the enforcement of consumer protection laws 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Articles 
71(1) and 80(2) thereof, 
Having regard to the proposal from the Commission12, 
Having regard to the opinion of the European Economic and Social Committee13, 
Having regard to the opinion of the Committee of the Regions14, 
Acting in accordance with the procedure laid down in Article 251 of the Treaty15, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Action by the Community in the field of maritime transport should aim, among other 
things,  at  ensuring  a  high  level  of  protection  for  passengers  that  is  comparable  with 
other modes of transport. Moreover, full account should be taken of the requirements 
of consumer protection in general. 

Since the maritime passenger is the weaker party to the transport contract, passengers' 
rights in this respect should be safeguarded irrespectively of their nationality or place 
of residence within the Community 

The single market for maritime and inland waterway passenger services should benefit 
citizens in general. Consequently, disabled persons and persons with reduced mobility, 
whether  caused  by  disability,  age  or  any  other  factor,  should  have  opportunities  for 
using  commercial  passenger  maritime  services  that  are  comparable  to  those  of  other 
citizens. Disabled  persons and  persons with reduced mobility have  the same right as 
all other citizens to free movement, freedom of choice and non-discrimination.  

In  the  light  of  Article  9  of  the  United  Nations  Convention  on  the  Rights  of  Persons 
with  Disabilities  and  in  order  to  give  disabled  persons  and  persons  with  reduced 
mobility opportunities for maritime and inland waterway travel comparable to those of 
other citizens, rules for non-discrimination and assistance during their journey should 
be  established.  Those  persons  should  therefore  be  accepted  for  carriage  and  not 
refused  transport  on  the  grounds  of  their  disability  or  lack  of  mobility,  except  for 

12 
13 
14 
15 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 

EN 

11 

   EN 

 
                                                 
reasons  which  are  justified  on  the  grounds  of  safety  and  prescribed  by  law.  They 
should  enjoy  the  right  to  assistance  at  ports,  and  at  embarkation  /  disembarkation 
points  where  no  port  exists,  as  well  as  on  board  passenger  ships.  In  the  interests  of 
social  inclusion,  the  persons  concerned  should  receive  this  assistance  free  of  charge. 
Carriers  should  establish  accessibility  rules,  using  preferably 
the  European 
standardisation system. 

In  deciding  on  the  design  of  new  ports  and  terminals  if  any,  and  as  part  of  major 
refurbishments,  managing  bodies of  ports and carriers that will operate them should, 
where  necessary,  take  into  account  the  needs  of  disabled  persons  and  persons  with 
reduced  mobility.  Similarly,  carriers  should,  where  necessary,  take  such  needs  into 
account when deciding on the design of new and newly refurbished passenger ships in 
accordance  with  Council  Directive  98/18/EC  of  17  March  1998  on  safety  rules  and 
standards for passenger ships16 . 

Assistance  given  at  ports  situated  in  the  territory  of  a  Member  State  to  which  the 
Treaty applies should, among other things, enable disabled persons and persons with 
reduced mobility to proceed from a designated point of arrival at a port to a passenger 
ship  and  from  the  passenger  ship  to  a  designated  point  of  departure  of  the  port, 
including embarking and disembarking.  

Assistance should be financed in such a way as to spread the burden equitably among 
all  passengers  using  a  carrier  and  to  avoid  disincentives  to  the  carriage  of  disabled 
persons and persons with reduced mobility. A charge levied on each passenger using a 
carrier,  included  in  the  basic  ticket  price,  appears  to  be  the  most  effective  way  of 
funding. The charges should be adopted and applied in a fully transparent manner. 

In organising the provision of assistance to disabled persons and persons with reduced 
mobility,  and  the  training  of  their  personnel,  carriers  should  have  regard  to  the 
Recommendation  of  the  International  Maritime  Organisation  on  the  Design  and 
Operation of passenger ships to respond to elderly and disabled persons' needs17.  

Passengers should be adequately informed in the event of cancellation or delay of any 
service. This information should help passengers to make the necessary arrangements 
and if needed to obtain information about alternative connections.  

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

Inconvenience experienced by passengers due to the cancellation or long delay of their 
journey should be reduced. To this end, passengers should be adequately looked after 
and  should  be  able  to  cancel  their  journey  and  have  their  tickets  reimbursed  or  to 
obtain rerouting under satisfactory conditions.  

(11)  Carriers should provide for the payment of compensation for passengers in the event 
of delay or cancellation of a service based on a percentage of the ticket price, except 
when the delay or cancellation occurs in extraordinary circumstances, which could not 
have been avoided even if all reasonable measures had been taken. 

(12)  Carriers should cooperate in order to adopt arrangements at national or European level 
for  improving  care  and  assistance  offered  to  passengers  whenever  their  travel  is 
interrupted, notably in the event of long delays. 

16 
17 

OJ L 144, 15.5.1998, p. 1. 
IMO  -  Maritime  Safety  Committee,  Circ.735,  24  June  1996  at  the  time  of  the  adoption  of  this 
Regulation. 

EN 

12 

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(13)  This  Regulation  should  not  affect  the  rights  of  passengers  established  by  Council 
Directive  90/314/EEC  on  package  travel,  package  holidays  and  package  tours18.  In 
cases  where  a  package  tour  is  cancelled  for  reasons  other  than  cancellation  of  the 
maritime transport service, this Regulation should not apply. 

(14)  Passengers should be fully informed of their rights under this Regulation, so that they 
can  effectively  exercise  those  rights.  Rights  of  maritime  and  inland  waterway 
passengers should include the receipt of information regarding the service before and 
during  the  journey.  All  essential  information  provided  to  maritime  and  inland 
waterway  passengers  should  also  be  provided  in  alternative  formats  accessible  to 
disabled persons and persons with reduced mobility. 

(15)  Passenger  should  be  able  to  exercise  their  rights  by  means  of  appropriate  complaint 
procedures  implemented  by  carriers  or,  as  the  case  may  be,  by  the  submission  of 
complaints to the body or bodies designated to that end by the relevant Member State. 

(16)  Complaints concerning assistance given at a port or an embarkation / disembarkation 
point should be addressed to the body or bodies designated for the enforcement of this 
Regulation  by  the  Member  State  where  the  port  is  situated.  Complaints  concerning 
assistance  given  by  a  carrier  at  sea  should  be  addressed  to  the  body  or  bodies 
designated  for  the  enforcement  of  this  Regulation  by  the  Member  State  which  has 
issued the operating licence to the carrier. The body designated for the enforcement of 
this  Regulation  should  have  the  power  and  capacity  to  investigate  individual 
complaints and to facilitate out of court dispute settlements. 

(17)  Member  States  should  supervise  and  ensure  compliance  with  this  Regulation  and 
designate  an  appropriate  body  to  carry  out  enforcement  tasks.  This  supervision  does 
not affect the rights of passengers to seek legal redress from courts under national law.  

(18)  Member  States  should  lay  down  penalties  applicable  to  infringements  of  this 
Regulation  and  ensure  that  those  penalties  are  applied.  The  penalties,  which  could 
include  ordering  the  payment  of  compensation  to  the  person  concerned,  should  be 
effective, proportionate and dissuasive. 

(19)  Since the objectives of this Regulation, namely to ensure high and equivalent levels of 
protection of and assistance to passengers throughout the Member States and to ensure 
that economic agents operate under harmonised conditions in a single market, cannot 
sufficiently  be  achieved  by  the  Member  States  and  can  therefore,  by  reason  of  the 
scale or effects of the action, be better achieved at Community level, the Community 
may  adopt  measures,  in  accordance  with  the  principle  of  subsidiarity  as  set  out  in 
Article 5 of the Treaty. In accordance with the principle of proportionality as set out in 
that Article, this Regulation does not go beyond what is necessary in order to achieve 
those objectives. 

(20)  The  enforcement  of  this  Regulation  should  be  based  on  Regulation  (EC)  No 
2006/2004  of  the  European  Parliament  and  of  the  Council  of  27  October  2004  on 
cooperation  between  national  authorities  responsible  for  the  enforcement  of  the 
consumer protection law (the Regulation on consumer protection cooperation)19. That 
Regulation should therefore be amended accordingly.  

18 
19 

OJ L 158, 23.6.1990, p. 59. 
OJ L 364, 9.12.2004, p. 1. 

EN 

13 

   EN 

                                                 
(21)  Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 
on the protection of individuals with regard to the processing of personal data and on 
the  free  movement  of  such  data20  should  be  strictly  enforced  in  order  to  guarantee 
respect for  the privacy of maritime  and inland waterway  passengers,  and  ensure that 
the information requested serves solely to fulfil the assistance obligations laid down in 
this Regulation and is not used to the detriment of passengers. 

(22)  This Regulation respects the fundamental rights and observes the principles recognised 

in particular by the Charter of Fundamental Rights of the European Union, 

HAVE ADOPTED THIS REGULATION: 

Chapter I 
General provisions 

Article 1 

Subject matter  

This Regulation establishes rules as regards the following:  

(1) 

(2) 

non-discrimination between passengers with regard to transport conditions offered by 
carriers; 

non-discrimination  and  mandatory  assistance  for  disabled  persons  and  persons  with 
reduced mobility;  

(3) 

the obligations of carriers towards passengers in cases of cancellation or delay;  

(4)  minimum information to be provided to passengers; 

(5) 

(6) 

1. 

2. 

the handling of complaints; 

the enforcement of passengers' rights. 

Article 2 

Scope 

This Regulation shall apply to commercial passenger maritime and inland waterway 
services, including cruises, between or at ports or any embarkation / disembarkation 
point situated in the territory of a Member State to which the Treaty applies. 

Member  States  may  exempt  services  covered  by  public  service  contracts  if  such 
contracts  ensure  a  comparable  level  of  passenger  rights  to  that  required  by  this 
Regulation.  

Article 3 

Definitions 

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

20 

OJ L 281, 23.11.1995, p. 31. 

EN 

14 

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(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

(m) 

(n) 

(o) 

(p) 

"disabled person" or "person with reduced mobility" means any person whose 
mobility when using transport is reduced as a result of any physical disability 
(sensory  or  locomotor,  permanent  or  temporary),  intellectual  disability  or 
impairment, or any  other  cause  of disability, or as a result of age, and whose 
situation  needs  appropriate  attention  and  adaptation  to  his  particular  needs  of 
the service made available to all passengers; 

'cancellation'  means  the  non-operation  of  a  service  which  was  previously 
scheduled and for which at least one reservation was made; 

'delay'  means  a  difference  between  the  time  the  passenger  was  scheduled  to 
depart or to arrive in accordance with the published timetable and the time of 
his actual or expected departure or arrival; 

"carrier"  means  a  person  by  or  on  behalf  of  whom  a  contract  of  carriage  has 
been  concluded,  or  the  performing  carrier  whether  the  carriage  is  actually 
performed by him or by a performing carrier, other than a tour operator; 

"commercial  passenger  maritime  service"  means  a  passenger  maritime 
transport  service  operated  by  a  carrier  through  a  scheduled  or  non-scheduled 
route  offered  to  the  general  public  for  valuable  consideration,  whether  on  its 
own or as part of a package; 

"performing  carrier"  means  a  person  other  than  the  carrier  and  the  tour 
operator, who actually performs the whole or a part of the carriage; 

"port" means an area of land and water made up of such improvement works 
and  equipment  as  to  permit,  principally,  the  reception  of  ships,  their  loading 
and unloading, the storage of goods, the receipt and delivery of these goods by 
inland transport, and the embarkation and disembarkation of passenger ships; 

"embarkation  /  disembarkation  point"  means  an  area  of  land  and  water  other 
than a port, from and to which passengers regularly embark and disembark. 

"ship" means a seagoing or rivergoing vessel, excluding an air-cushion vehicle; 

'transport  contract'  means  a  contract  of  carriage  between  a  carrier  or  its 
authorised  ticket  vendor  and  a  passenger  for  the  provision  of  one  or  more 
transport services; 

"ticket" means a valid document giving entitlement to transport, or something 
equivalent in paperless form, including electronic form, issued or authorised by 
a carrier or its authorised ticket vendor; 

'ticket  vendor'  means  any  retailer  of  maritime  transport  services  concluding 
transport  contracts  and  selling  tickets  on  behalf  of  a  carrier  or  for  its  own 
account; 

"tour operator" means an organiser or retailer, other than a carrier, within the 
meaning of Article 2(2) and (3) of Directive 90/314/EEC; 

"reservation"  means  an  authorisation,  on  paper  or  in  electronic  form,  giving 
entitlement  to  transportation  subject  to  previously  confirmed  personalised 
transport arrangements; 

"passenger ship" means a ship which carries more than 12 passengers; 

"ro-ro passenger ship" means a ship carrying more than 12 passengers, having 
roll-on/roll-off cargo spaces or special category spaces, as defined in regulation 

EN 

15 

   EN 

(q) 

(r) 

II-2/A/2of the 1974 International Convention for the Safety of Life at Sea, as 
amended ; 

"port authority" or "managing body of the port" means a body which, whether 
or  not  in  conjunction  with  other  activities,  has  as  its  objective  under  national 
the  port 
law  or 
infrastructures,  and  the  coordination  and  control  of  the  activities  of  the 
different  operators  present  in  a  port  or  port  system.  It  may  consist  of  several 
separate bodies or be responsible for more than one port. 

the  administration  and  management  of 

regulation 

"cruise" means a passenger shipping activity supplemented by accommodation 
and other facilities, exceeding one day (overnight) stay, which is not a regular 
or scheduled passenger service between two or more ports, but with passengers 
usually returning to the port of embarkation. 

Article 4 

1. 

2. 

1. 

2. 

Transport contract and non-discriminatory contract conditions 

Carriers  shall  provide  passengers  with  a  proof  of  the  conclusion  of  the  transport 
contract by issuing one or more tickets. The tickets shall be considered prima facie 
evidence of the conclusion of the contract and thus give rights as provided for in this 
Regulation. 

Without  prejudice  to  public  service  obligations  requiring  social  tariffs,  contract 
conditions  and  tariffs  applied  by  carriers  or  ticket  vendors  shall  be  offered  to  the 
general  public  without  any  discrimination  based  on  the  nationality  or  the  place  of 
residence of the final customer or on the place of establishment of carriers or ticket 
vendors within the Community.  

Article 5 

Exclusion of waiver  

Obligations pursuant to this Regulation shall not be limited or waived, inter alia by a 
derogation or restrictive clause in the contract of carriage. 

Carriers  may  offer  contract  conditions  that  are  more  favourable  for  the  passenger 
than the conditions laid down in this Regulation. 

Chapter II 
Rights of disabled persons and persons with reduced mobility 

Article 6 

Prevention of refusal of carriage 

1. 

Carriers,  ticket  vendors  and  tour  operators  shall  not  refuse,  on  the  grounds  of 
disability or of reduced mobility: 

(a) 

to  accept  a  reservation,  or  to  issue  a  ticket,  for  a  journey  to  which  this 
Regulation applies ; 

EN 

16 

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(b) 

to  embark  a  disabled  person  or  a  person  with  reduced  mobility  at  a  port  or 
embarkation / disembarkation point, provided that the person concerned has a 
valid ticket or reservation. 

2. 

Reservations  and  tickets  shall  be  offered  to  disabled  persons  and  persons  with 
reduced mobility at no additional cost. 

Article 7 

Derogations and special conditions  

1. 

Notwithstanding the provisions of Article 6, carriers, ticket vendors or tour operators 
may  refuse,  on  the  grounds  of  disability  or  of  reduced  mobility,  to  accept  a 
reservation  from  or  to  issue  a  ticket  to  or  to  embark  a  disabled  person  or  a  person 
with reduced mobility: 

(a) 

(b) 

in  order  to  meet  applicable  safety  requirements  established  by  international, 
Community or national law or in order to meet safety requirements established 
by the authority that issued the operator's certificate to the carrier concerned; 

where the structure of the passenger ship makes the embarkation or carriage of 
the disabled person or person with reduced mobility physically impossible. 

In the event of refusal to accept a reservation on the grounds referred to under points 
(a)  or  (b)  of  the  first  subparagraph,  carriers,  ticket  vendors  or  tour  operators  shall 
make  reasonable  efforts  to  propose  an  acceptable  alternative  to  the  person  in 
question. 

In  case  of  advanced  booking,  a  disabled  person  or  a  person  with  reduced  mobility 
who  has  been  denied  embarkation  on  the  grounds  of  his  disability  or  reduced 
mobility and any person accompanying that person pursuant to paragraph 2 shall be 
offered the right to reimbursement or re-routing as provided for in Annex I. The right 
to  the  option  of  a  return  journey  or  re-routing  shall  be  conditional  upon  all  safety 
requirements being met. 

Under  the  same  conditions  as  referred  to  in  paragraph  1(a),  a  carrier  or  a  ticket 
vendor or a tour operator may require that a disabled person or person with reduced 
mobility  be  accompanied  by  another  person  who  is  capable  of  providing  the 
assistance required by that person if this is strictly necessary. 

When a carrier or a ticket vendor or a tour operator exercises a derogation provided 
for  in  paragraphs  1  or  2,  it  shall  immediately  inform  the  disabled  person  or  person 
with  reduced  mobility  of  the  reasons  therefore.  On  request,  the  carrier,  the  ticket 
vendor  or  the  tour  operators  shall  communicate  these  reasons  in  writing  to  the 
disabled  person  or  person  with  reduced  mobility,  within  five  working  days  of  the 
request. 

2. 

3. 

Article 8 

Accessibility and information 

1. 

Carriers  shall  establish,  with 
involvement  of  representatives  of 
organisations  of  disabled  persons  and  persons  with  reduced  mobility  and 
enforcement  bodies  referred  to  in  Article  26,  non-discriminatory  access  rules  that 

the  active 

EN 

17 

   EN 

apply to the carriage of disabled persons and persons with reduced mobility, as well 
as  any  restrictions  on  their  carriage  or  on  that  of  mobility  equipment  due  to  the 
structure of passenger ships, in order to meet applicable safety requirements. These 
rules shall contain all access conditions of the maritime service in question, including 
accessibility of the ships operated and their facilities on board.  

The rules provided for in paragraph 1 shall be made publicly available by carriers or 
ticket vendors at least at the time a reservation is made, in appropriate ways, and in 
the same languages as those in which information is generally made available to all 
passengers. When providing this information particular attention shall be paid to the 
needs of people with disabilities and persons with reduced mobility.  

Upon request carriers shall make available the international, Community or national 
law  establishing  the  safety  requirements,  on  which  non-discriminatory  access  rules 
are based.  

Tour  operators  shall  make  available  the  rules  provided  for  in  paragraph  1  which 
apply  to  journeys  included  in  package  travel,  package  holidays  and  package  tours 
which they organise, sell or offer for sale. 

Carriers,  their  ticket  vendors  or  tour  operators  shall  ensure  that  all  relevant 
information  concerning  the  conditions  of  carriage,  journey  information  and 
information  on  accessibility  of  services  is  available  in  appropriate  and  accessible 
formats  for  disabled  persons  and  persons  with  reduced  mobility  including  online 
booking and information. 

Article 9 

Right to assistance at ports 

On departure from, transit through or arrival at a port, the Carrier shall be responsible 
for ensuring the provision of the assistance specified in Annex II to disabled persons 
and persons with reduced mobility free of charge in such a way that person is able to 
board the departing service, or to disembark from the arriving service for which he 
purchased a ticket, without prejudice to the access rules referred to in Article 8(1). 

A carrier may provide assistance itself or may contract with one or more other parties 
for  the  supply  of  the  assistance.  The  carrier  may  enter  into  such  a  contract  or 
contracts  on  its  own  initiative  or  on  request,  including  from  a  port  authority,  and 
taking into account the existing services at the port concerned. 

Where  a  carrier  contracts  with  one  or  more  other  parties  for  the  supply  of  the 
assistances,  the  carrier  shall  remain  responsible  for  provision  of  the  assistance  and 
for ensuring compliance with the quality standards referred to in Article 14(1). 

Carriers may, on a non-discriminatory basis, levy a specific charge on all passengers 
for  the  purpose  of  funding  assistance  at  ports.  The  specific  charge  shall  be 
reasonable, cost-related, and transparent.  

Carriers  shall  separate  the  accounts  of  their  activities  relating  to  the  assistance 
provided to disabled persons and persons with reduced mobility from the accounts of 
their other activities, in accordance with current commercial practice. 

Carriers shall make available to the enforcement body or bodies designated pursuant 
to Article 26(1), an audited annual overview of charges received and expenses made 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

4. 

5. 

EN 

18 

   EN 

in  respect  of  the  assistance  provided  to  disabled  persons  and  persons  with  reduced 
mobility. 

Article 10 

Right to assistance at embarkation / disembarkation points 

Where no port exists for a particular destination or leg, the assistance shall be organised by 
the carrier at the embarkation / disembarkation point in accordance with Article 9. 

Article 11 

Right to assistance aboard ships 

Carriers shall at least provide the assistance specified in Annex III free of charge to disabled 
persons or persons with reduced mobility departing from, arriving at or transiting through a 
port to which this Regulation applies. 

Article 12 

Conditions on under which assistance is provided 

Carriers, managing bodies of ports, ticket vendors and tour operators shall cooperate in order 
to  provide  assistance  to  disabled  persons  and  persons  with  reduced  mobility  in  line  with 
Articles 9, 10 and 11 in accordance with the following points: 

(a) 

(b) 

(c) 

(d) 

Assistance shall be provided on condition that the carrier, the ticket vendor or 
the  tour  operator  with  which  the  ticket  was  purchased  is  notified  of  the 
person’s  need  for  such  assistance  at  least  48  hours  before  the  assistance  is 
needed.  Where  the  ticket  permits  multiple  journeys,  one  notification  shall  be 
sufficient  provided  that  adequate  information  on  the  timing  of  subsequent 
journeys is provided; 

carriers, ticket vendors and tour operators shall take all measures necessary for 
the  reception  of  notifications  of  the  need  for  assistance  made  by  disabled 
persons  or  persons  with  reduced  mobility.  This  obligation  shall  apply  at  all 
their points of sale, including sale by telephone and via the Internet; 

if no notification is made in accordance with point (a), carriers, ticket vendors 
and tour operators shall make all reasonable efforts to ensure that the assistance 
is  provided  in  such  a  way  that  the  disabled  person  or  person  with  reduced 
mobility is able to board the departing service, to change to the corresponding 
service or to disembark from the arriving service for which he has purchased a 
ticket; 

without prejudice to the powers of other entities regarding areas located outside 
the port premises, the managing body of a port or any other authorised person 
shall  designate  points  of  arrival  and  departure  within  the  port  boundary,  both 
inside and/or outside terminal buildings as the case may be, at which disabled 
persons  or  persons  with  reduced  mobility  can  announce  their  arrival  and 
request  assistance;  these  points  shall  be  clearly  signed  and  shall  offer  basic 
information about the port, and assistance provided in accessible formats. 

EN 

19 

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(e) 

assistance  shall  be  provided  on  condition  that  the  disabled  person  or  person 
with reduced mobility present him at the designated point: 

– 

– 

at  a  time  stipulated  by  the  carrier  which  shall  be  not  more  than  60 
minutes before the published departure time, or  

if  no  time  is  stipulated,  no  later  than  30  minutes  before  the  published 
departure time. 

(f)  Where a disabled person or person with reduced mobility requires the use of an 
assistance animal , that animal shall be accommodated provided that the carrier 
or  the  ticket  vendor  or  the  tour  operator  are  notified  in  accordance  with 
applicable national rules covering the carriage of recognised assistance animals 
on board passenger ships, where such rules exist. 

Article 13 

Transmission of information to a third party 

Where provision of the assistance has been subcontracted, and the carrier, the ticket 
vendor or the tour operator receives a notification of the need for assistance at least 
48  hours  before  the  published  departure  time  for  the  journey,  it  shall  transmit  the 
relevant information so that the sub-contractor receives it at least 36 hours before the 
published departure time for the journey. 

Where  provision  of  the  assistance  has  been  subcontracted,  and  the  carrier  or  a  the 
ticket  vendor  or  the  tour  operator  does  not  receive  a  notification  of  the  need  for 
assistance at least 48 hours before the published departure time for the journey, the 
carrier  or  ticket  vendor  or  tour  operator  shall  transmit  the  information  to  the  sub-
contractor as soon as possible. 

Article 14 

Quality standards for assistance 

Carriers  shall  set  quality  standards  for  the  assistance  specified  in  Annex  II  and  III 
and  shall  determine  resource  requirements  for  meeting  those  standards,  in 
cooperation with organisations representing disabled passengers and passengers with 
reduced mobility. 

In  the  setting  of  quality  standards,  full  account  shall  be  taken  of  internationally 
recognised  policies  and  codes  of  conduct  concerning  facilitation  of  the  transport  of 
disabled  persons  or  persons  with  reduced  mobility,  notably  the  International 
Maritime Organisation's Recommendation of the Design and Operation of passenger 
ships to respond to elderly and disabled persons' needs. 

1. 

2. 

1. 

2. 

3. 

Carriers shall publish their quality standards. 

Carriers shall: 

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Article 15 

Training 

20 

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(a) 

(b) 

(c) 

Ensure  that  all  their  personnel,  including  those  employed  by  any  sub-
contractor,  providing  direct  assistance  to  disabled  persons  and  persons  with 
reduced mobility have knowledge of how to meet the needs of persons having 
various disabilities or mobility impairments; 

provide  disability-assistance  and  disability-awareness  training  as  described  in 
Annex IV to all their personnel working at the port who deal directly with the 
travelling public; 

ensure  that,  upon  recruitment,  all  new  employees  attend  disability-related 
training and that personnel receive refresher training courses when appropriate. 

Article 16 

Compensation in respect of wheelchairs and mobility equipment 

1. 

Where wheelchairs or other mobility equipment or parts thereof, are lost or damaged 
whilst being handled at the port or transported on board ship, before, during and after 
the journey, the passenger to whom the equipment belongs shall be compensated, by 
the carrier or the managing body of the port, depending on who was responsible the 
equipment was placed at the time of loss or damage.  

Where  necessary  every  effort  shall  be  undertaken  to  rapidly  provide  replacement 
equipment.  

2. 

There  shall  be  no  limit  to  the  amount  of  compensation  payable  pursuant  to  this 
Article. 

Chapter III 
Obligations of carriers in the event of interrupted travel 

Article 17 

Provision of information 

In  the  event  of  delay  ,  the  carrier  or,  where  appropriate,  the  managing  body  of  the 
port shall inform passengers of estimated departure and arrival times as soon as this 
information is available, but not later than 30 minutes after a scheduled departure or 
one hour before a scheduled arrival respectively . 

If  passengers  miss  a  connection  due  to  a  delay,  the  performing  carrier  shall  make 
reasonable efforts to inform the passengers concerned of alternative connections. 

Article 18 

Right to assistance 

Where  a  carrier  reasonably  expects  a  passenger  maritime  service  to  be  delayed  for 
more  than  60  minutes  beyond  its  scheduled  time  of  departure,  passengers  shall  be 
offered  free  of  charge  meals  and  refreshments  in  reasonable  relation  to  the  waiting 
time, if they are available on board or at the port, or can reasonably be supplied. 

In the case of any delay where a stay of one or more nights or a stay additional to that 
intended by the passenger becomes necessary, where and when physically possible, 

1. 

2. 

1. 

2. 

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3. 

4. 

1. 

passengers  shall  be  offered  free  of  charge  hotel  or  other  accommodation,  and 
transport between the port and place of accommodation in addition to the meals and 
refreshments provided for in paragraph 1. 

If the maritime service can no longer be continued, carriers shall, where possible and 
as soon as possible, organise alternative transport services for passengers. 

In  applying  paragraphs  1,  2,  and  3,  the  performing  carrier  shall  pay  particular 
attention to the needs of disabled persons and persons with reduced mobility and any 
accompanying persons. 

Article 19 

Re-routing and reimbursement 

Where  a  carrier  reasonably  expects  a  passenger  maritime  service  to  be  delayed 
beyond  its  scheduled  time  of  departure  by  more  than  120  minutes,  the  passenger 
shall immediately: 

(a) 

(b) 

be offered alternative transport services under reasonable conditions or, if that 
is  impractical,  be  informed  of  adequate  alternative  transport  services  of  other 
transport operators; 

receive reimbursement of the ticket price unless he accepts alternative transport 
services referred to in (a).  

The payment of the reimbursement provided for in point (b) shall be made under the 
same conditions as the payment of the compensation provided for in Article 20. 

2. 

The  right  to  reimbursement  under  this  Article  shall  not  apply  to  passengers  on  a 
cruise journey unless such rights arise under Directive 90/314/EEC. 

Article 20 

Compensation of the ticket price 

1. 

2. 

3. 

Without losing the right of transport, a passenger may request compensation from the 
carrier if he is facing a delay in arrival due to a cancellation or a delay departure. The 
minimum levels of compensation shall be as follows: 

(a) 

(b) 

(c) 

25 % of the ticket price for a delay of 60 to 119 minutes; 

50 % of the ticket price for a delay of 120 minutes or more; 

100% of the ticket price if the carrier fails to provide alternative services or the 
information referred to in Article 19(a). 

The right to compensation under this Article shall not apply to passengers on a cruise 
journey unless such rights arise under Directive 90/314/EEC 

The compensation shall be paid within one month after the submission of the request 
for compensation. The compensation may be paid in vouchers and/or other services 
providing  the  terms  are  flexible,  in  particular  as  regards  the  period  of  validity  and 
destination. The compensation shall be paid in money at the request of the passenger. 

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4. 

This Article shall not apply where the delay or cancellation is caused by exceptional 
circumstances  hindering  the  performance  of  the  transport  service,  which  could  not 
have been avoided even if all reasonable measures had been taken. 

Article 21 

Further claims 

Nothing in this Regulation shall preclude passengers from seeking damages in respect of loss 
resulting from cancellation or delay of transport services before national courts. 

Article 22 

Additional measures in favour of passengers 

Carriers shall cooperate in order to adopt arrangements at national or European level with the 
involvement  of  stakeholders,  professional  associations  and  associations  of  customers, 
passengers  and  disabled  persons.  These  measures  should  be  aimed  at  improving  care  for 
passengers, especially in the event of long delays and interruption or cancellation of travel. 

Chapter IV 
Information for passengers and handling complaints 

Article 23 

Right to travel information 

Managing  bodies  of  ports  and  carriers  shall  provide  passengers  with  adequate  information 
throughout their travel in the most appropriate format. Particular attention shall be paid to the 
needs of people with disabilities and persons with reduced mobility. 

Article 24 

Information on passenger rights 

1. 

2. 

Carriers  shall  ensure 
that  passengers  are  provided  with  appropriate  and 
comprehensible information regarding their rights under this Regulation at the latest 
on  departure.  To  the  extent  that  the  information  has  been  provided  by  either  the 
carrier  or  the  performing  carrier,  the  other  shall  not  be  obliged  to  provide  that 
information. The information shall be provided in the most appropriate format. When 
providing  this  information  particular  attention  shall  be  paid  to  the  needs  of  people 
with disabilities and persons with reduced mobility. 

Carriers and managing bodies of the ports shall ensure that information on the rights 
of passengers under this Regulation is publicly available both on board ships and at 
ports.  This  information  shall  include  contact  details  of  the  enforcement  body 
designated by the Member State pursuant to Article 26(1). 

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Article 25 

Complaints  

1. 

2. 

3. 

1. 

2. 

3. 

4. 

Carriers  shall  set  up  a  complaint  handling  mechanism  for  rights  and  obligations 
covered by this Regulation. 

Passengers may submit a complaint to a carrier within one month from the day when 
a service was performed or when a service should have been performed. Within 20 
working days, the addressee of a complaint shall either give a reasoned opinion or, in 
justified cases, inform the passenger by what date a reply is to be expected. The time 
taken to reply shall not be longer than two months from the receipt of the complaint. 

If  no  reply  is  received  within  the  time  limits  set  out  in  paragraph  2,  the  complaint 
shall be deemed to have been accepted. 

Chapter V 
Enforcement and national enforcement bodies 

Article 26 

National enforcement bodies 

Each Member State shall designate a body or bodies responsible for the enforcement 
of  this  Regulation.  Each  body  shall  take  the  measures  necessary  to  ensure  that  the 
rights  of  passengers  are  respected  including  compliance  with  the  accessibility rules 
referred to in Article 8. Each body shall, in its organisation, funding decisions, legal 
structure and decision-making, be independent of carriers. 

Member  States  shall  inform  the  Commission  of  the  body  or  bodies  designated  in 
accordance with this Article and of their respective responsibilities. 

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

Member States that have chosen to exempt certain services pursuant to Article 2(2) 
shall ensure a comparable mechanism of enforcement of passenger rights. 

Article 27 

Report on enforcement 

1. 

On 1 June each year the enforcement bodies designated pursuant to Article 26 shall 
publish a report on their activity in the previous year, containing inter alia: 

(a) 

(b) 

(c) 

a  description  of  actions  taken  in  order  to  implement  the  provisions  of  this 
Regulation, 

a  reference  to  the  procedure  applicable  to  the  settlement  of  individual 
complaints, 

a  summary  of  rules  on  accessibility  for  disabled  persons  and  persons  with 
reduced mobility applicable in that Member State; 

(d) 

aggregated data on complaints; 

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(e) 

(f) 

details of sanctions applied; 

other issues of importance for the better enforcement of this Regulation. 

2. 

In order to be able to draft such a report enforcement bodies shall keep statistics on 
individual complaints, according to the subject and the companies concerned. Such 
data  shall  be  made  available  on  request  to  the  Commission  or  to  the  national 
investigative authorities up to three years after the date of the incident. 

Article 28 

Cooperation between e9forcement bodies 

National enforcement bodies designated pursuant to Article 26(1) shall exchange information 
on  their  work  and  decision-making  principles  and  practices  for  the  purpose  of  consistent 
protection of passengers across the Community. The Commission shall support them in this 
task. 

Article 29 

Penalties 

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

Chapter VI 
Final Provisions 

Article 30 

Report 

The Commission shall report to the European Parliament and to the Council at the latest three 
years  after  the  entry  into  force  of  this  Regulation,  on  the  operation  and  the  effects  of  this 
Regulation.  The  report  shall  be  accompanied  where  necessary  by  legislative  proposals 
implementing in further detail the provisions of this Regulation, or amending it. 

Article 31 

Amendment to Regulation (EC) No 2006/2004 

In the Annex to Regulation (EC) No 2006/2004 the following point [19] is added: 

"19. Regulation of the European Parliament and of the Council of […] concerning the rights 
of  passengers  traveling  by  sea  and  inland  waterway  and  amending  Regulation  EC  No 

EN 

25 

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2006/2004  on  cooperation  between  national  authorities  responsible  for  the  enforcement  of 
consumer protection laws21" 

Article 32 

Entry into force 

This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

It shall apply from [two years] after publication. Articles 6, 7, 25, 26, and 29, shall apply from 
[one year] after publication. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

21 

OJ C […], […], p. […]. 

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ANNEX I 

Right to reimbursement or re-routing in case of advanced booking for disabled persons 
and persons with reduced mobility 

1.  Where  reference  is  made  to  this  Annex,  disabled  persons  and  persons  with  reduced 
mobility shall be offered the choice between: 

(a) - reimbursement within seven days, paid in cash, by electronic bank transfer, bank orders 
or bank cheques or, with the signed agreement of the passenger, of the full cost of the ticket at 
the price at which it was purchased, for the part or parts of the journey not made, and for the 
part  or  parts  already  made  if  the  journey  no  longer  serves  any  purpose  in  relation  to  the 
passenger's original travel plan, plus, where relevant, 

- a return journey to the first point of departure, at the earliest opportunity; or 

(b) re-routing, under comparable transport conditions, to their final destination at the earliest 
opportunity; or 

(c) re-routing, under comparable transport conditions, to their final destination at a later date 
at the passenger's convenience, subject to availability of tickets. 

2.  Paragraph  1(a)  shall  also  apply  to  passengers  whose  journeys  form  part  of  a  package, 
except for the right to reimbursement where such a right arises under Directive 90/314/EEC22. 

3.  When,  in  the  case  where  a  town,  city  or  region  is  served  by  several  ports,  an  operating 
carrier offers a passenger a journey to an alternative port to that for which the booking was 
made,  the  operating  carrier  shall  bear  the  cost  of  transferring  the  passenger  from  that 
alternative  port  either  to  that  for  which  the  booking  was  made,  or  to  another  nearby 
destination agreed with the passenger. 

22 

OJ L 158, 23.6.1999, p. 55. 

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Assistance in ports 

ANNEX II 

Assistance and arrangements necessary to enable disabled persons and persons with reduced 
mobility to: 

–  communicate their arrival at a port and their request for assistance, 

–  move from a entry point to the check-in counter, if any, or to the ship, 

–  check-in and register baggage, if necessary, 

–  proceed  from  the  check-in  counter  (if  any)  to  the  ship,  with  completion  of  emigration, 

customs and security procedures, 

–  board  the  ship,  with  the  provision  of  lifts,  wheelchairs  or  other  assistance  needed,  as 

appropriate, 

–  proceed from the ship door to their seats/area, 

–  store and retrieve baggage on the ship, 

–  proceed from their seats to the ship door, 

–  disembark  from  the  ship,  with  the  provision  of  lifts,  wheelchairs  or  other  assistance 

needed, as appropriate, 

–  retrieve baggage (if necessary), with completion of immigration and customs procedures, 

–  proceed from the baggage hall or the disembarkation point to a designated point of exit 

–  make their way to the toilet facilities if required. 

Where  a  disabled  person  or  person  with  reduced  mobility  is  assisted  by  an  accompanying 
person, this person must, if requested, be allowed to provide the necessary assistance in the 
port and with embarking and disembarking. 

Handling  of  all  necessary  mobility  equipment,  including  equipment  such  as  electric 
wheelchairs. 

Temporary  replacement  of  damaged  or  lost  mobility  equipment,  albeit  not  necessarily  on  a 
like for like basis. 

Ground handling of recognised assistance animals, when relevant. 

Communication in accessible formats of information needed to embark and disembark. 

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Assistance aboard ships 

ANNEX III 

Carriage of recognised assistance animals in the ship, subject to national regulations. 

In  addition  to  medical  equipment,  transport  of  up  to  two  pieces  of  mobility  equipment  per 
disabled person or person with reduced mobility, including electric wheelchairs. 

Communication of essential information concerning a route in accessible formats. 

Making  of  all  reasonable  efforts  to  arrange  seating  to  meet  the  needs  of  individuals  with 
disability or reduced mobility on request and subject to safety requirements and availability. 

Assistance in moving to toilet facilities, if required. 

Where  a  disabled  person  or  person  with  reduced  mobility  is  assisted  by  an  accompanying 
person, the shipping company will make all reasonable efforts to give such person a seat next 
to the disabled person or person with reduced mobility. 

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Disability-related training 

Disability-awareness training 

ANNEX IV 

Training of staff who deal directly with the travelling public includes: 

–  awareness of and appropriate responses to passengers with physical, sensory (hearing and 
visual), hidden or learning disabilities, including how to distinguish between the different 
abilities of individuals whose mobility, orientation, or communication may be reduced; 

–  barriers 

faced 

by 

persons  with 

reduced  mobility, 

including 

attitudinal, 

environmental/physical and organisational barriers; 

–  recognised assistance animals, including the role and the needs of an assistance animal; 

–  dealing with unexpected occurrences; 

–  interpersonal skills and methods of communication with deaf and hearing impaired people, 
visually impaired people, speech impaired people and people with a learning disability; 

–  general  awareness  of  IMO  guidelines  relating  to  the  Recommendation  of  the  Design  and 

Operation of passenger ships to respond to elderly and disabled persons' needs; 

–  how to handle wheelchairs and other mobility aids carefully so as to avoid damage (to all 

staff who are responsible for baggage handling if any). 

Disability-assistance training 

Training of staff directly assisting persons with reduced mobility includes: 

–  how to help wheelchair users make transfers into and out of a wheelchair; 

–  skills  for  providing  assistance  to  persons  with  reduced  mobility  travelling  with  a 

recognised assistance animal, including the role and the needs of those animals; 

–  techniques  for  escorting  blind  and  partially-sighted  passengers  and  for  the  handling  and 

carriage of recognised assistance animals; 

–  an understanding of the types of equipment which can assist persons with reduced mobility 

and a knowledge of how to handle such an equipment; 

–  the  use  of  boarding  and  deboarding  assistance  equipment  used  and  knowledge  of  the 
appropriate  boarding  and  deboarding  assistance  procedures  that  safeguard  the  safety  and 
dignity of persons with reduced mobility; 

–  sufficient  understanding  of  the  need  for  reliable  and  professional  assistance.  Also 
awareness  of  the  potential  of  certain  disabled  passengers  to  experience  feelings  of 
vulnerability during travel because of their dependence on the assistance provided. 

–  a knowledge of first aid 

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