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 {SEC(2008) 2953} {SEC(2008) 2954}
Date: 2008-12-04
Institutions: European Commission
Subjects: bus, consumer protection, public transport, single market, transport safety

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 4.12.2008 
COM(2008) 817 final 

2008/0237 (COD) 

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 

(presented by the Commission) 

{SEC(2008) 2953} 
{SEC(2008) 2954} 

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EXPLANATORY MEMORANDUM 

1. BACKGROUND TO THE PROPOSAL 

1.1. Grounds and objectives 

The  market  for  international  carriage  of  passengers  by  bus  and  coach  has  already  been 
liberalised. Regulation (EEC) No 684/92 as amended by Regulation (EC) No 11/98 opened up 
access  to  this  market.  Together  with  Regulation  (EC)  No  12/98  on  access  to  the  market  for 
non-resident coach and bus carriers to the national transport market, this legislation forms the 
backbone  of  the  internal  market  for  international  passenger  transport  services  by  road1.  The 
single  market  for  transport  has  brought  Europeans  significant  benefits,  including  a  wider 
choice of destinations and supply of competitive travel offers. The removal of borders and the 
growth  in  travel  have  not  always  been  accompanied  by  sufficient  measures  to  protect 
passenger  rights.  It  is  vital  that  rights  for  access  and  rules  governing  performance  of  these 
services be comprehensively established, as this mode of transport is indispensable for going 
to work, visiting family and friends and for enjoying leisure and tourism; poor access to it can 
severely impede the integration of many citizens, to the detriment of society as a whole. In the 
White Paper “European transport policy for 2010: time to decide”2, the European Commission 
envisaged the establishment of passengers’ rights in all modes of transport, thus placing the 
users  at  the  heart  of  transport  policy.  The  need  for  action  in  this  respect  was  further 
highlighted  in  the  2005  Communication  on  strengthening  passenger  rights  within  the 
European  Union3,  in  which  the  Commission  presented  a  policy  approach  on  how  to  extend 
passenger  protection  measures  to  modes  of  transport  other  than  air.  The  Commission 
identified the rights that should be strengthened by Community action regardless of the means 
of transport used4. 

With regard to coach transport, the Commission identified 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 its Communication of 22 June 2006 "Keep Europe moving - Sustainable mobility for our 
continent, Mid-term review of the European Commission’s 2001 Transport White Paper"5, the 
Commission  has  committed  itself  to  examining  how  to  increase  quality  of  service  and 
assurance of passenger rights in all modes of transport. 

1.2. Bus and coach transport 

This mode of transport is characterised by a number of distinctive features which affect both 
the operators and passengers. 

1 

2 
3 
4 

5 

See also: Proposal for a Regulation of the European Parliament and of the Council on common rules for 
the international carriage of passengers by coach and bus (recast) - COM(2007) 264. 
COM(2001) 370. 
COM(2005) 46. 
Rights of persons with reduced mobility, automatic and immediate solutions when travel is interrupted, 
liability  in  the  event  of  death  or  injury  of  passengers,  treatment  of  complaints  and  means  of  redress, 
passenger information and other initiatives. 
COM(2006) 314. 

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In passenger-kilometre terms, bus and coach transport holds a 9.3 % share of all land transport 
services  within  the  European  Union  and,  after  passenger  cars  (82.8%),  it  remains  the  most 
important  means  of  transportation  available  to  the  public  (8.3  %  share  in  all  modes  of 
transport)6.The  sector  has  seen  steady  growth  of  5.8%  from  474  million  in  1995  to  502 
million  in  20047.  It  is  estimated  that  the  annual  volume  of  international  bus  and  coach 
passengers amounts to 72.8 million passengers. 

Passengers in other modes  of transport, notably air passengers, already enjoy a set of rights 
established at Community level providing for adequate protection.  

In  contrast  to  other  modes  of  transport,  there  are  neither  international  agreements  (with  the 
exception  of  the  United  Nations  –  Economic  Commission  for  Europe  Convention  on  the 
Contract for the International Carriage of Passengers and Luggage by Road (CVR)8, ratified 
by  only  three  Member  States)  nor  Community  legislation  establishing  bus  and  coach 
passenger rights. 

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  the  case  for  the  majority  of  Member  States.  Currently  there  are  no 
common  rules  on  how  to  handle  complaints  and  settle  disputes  between  passengers  and 
companies. This prevents fair competition between operators from different Member States. 

Rules on liability of operators tend to vary significantly, while compensation and assistance in 
the  event  of  interrupted  journeys  are  not  generalised.  While  for  other  modes  of  transport 
liability rules have been established at Community9 or international level, this is not the case 
for  bus  and  coach  transport.  Where  international  journeys  are  concerned,  passengers  have 
difficulty in identifying the liability schemes applicable in the event of accidents10. 

With  regard  to  the  information  provided  to  passengers,  there  are  general  obligations11 
requiring operators to display the route of the service, the bus stops, the timetable, the fares 
and  the  conditions  of  carriage.  However,  in  critical  situations  where  travel  is  interrupted, 
passengers may be unable to obtain sufficient information.  

In  general,  passengers  using  this  mode  of  transport  tend  to  be  "vulnerable"  in  terms  of  low 
income.  Availability  of  bus  and  coach  services  for  persons  with  disabilities  and  reduced 
mobility is limited, which may hamper their integration into society.  

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11 

Source: EU Energy and Transport in Figures, Statistical Pocketbook 2006. 
Source: EU Energy and Transport in Figures, Statistical Pocketbook 2006. 
United  Nations  Economic  Commission  for  Europe  Convention  on  the  Contract  for  the  International 
Carriage of Passengers and Luggage by Road (CVR), of 1 March 1973. 
Regulation(EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents (OJ L 
285,  17.10.1997,  p.  1),  as  amended  by  Regulation  (EC)  No  889/2002  of  13  May  2002  (OJ  L  140, 
30.5.2002,  p.  2).  Regulation  (EC)  No  785/2004  of  21  April  2004  on  insurance  requirements  for  air 
carriers  and  aircraft  operators  (OJ  L  138,  30.4.2004,  p.  1);  Regulation  (EC)  No  1371/2007  of  the 
European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations 
(OJ L 315, 3.12.2007, p. 14). 
To illustrate the complexity of the problem the following example may be presented: a Belgian bus with 
a Moroccan driver having an accident in France. 
Regulation  (EEC)  No  684/92  of  16  March  1992  on  common  rules  for  the  international  carriage  of 
passengers by coach and bus. 

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1.3. Issues addressed 

The proposal aims at establishing rights of  coach and bus passengers in order to improve the 
attractiveness  of  and  confidence  in  coach  and  bus  transport  as  well  as  to  achieve  a  level 
playing  field  between  carriers  from  different  Member  States  and  between  other  modes  of 
transport.  

In principle the proposal lays down provisions on: 

•  liability  in  the  event  of  death  or  injury  of  passengers  and  loss  of  or  damage  to  their 

luggage; 

•  non-discrimination on grounds of nationality or place of residence with regard to transport 

conditions offered to passengers by bus or coach undertakings, 

•  assistance for disabled persons and persons with reduced mobility; 

•  obligations  of  bus  and  coach  undertakings  in  the  event  of  cancellation  or  delay  of  a 

journey; 

•  information obligations; 

•  handling of complaints; 

•  general rules on enforcement. 

2. SCOPE OF APPLICATION 

This  proposal  concerns  bus  and  coach  services.  The  issue  of  market  access  services  has 
already been regulated at Community level by virtue of Council Regulation (EEC) No 684/92 
of 16 March 1992 on common rules for the international carriage of passengers by coach and 
bus, as amended by Council Regulation (EC) No 11/98.  

Domestic urban, suburban and short-distance regional bus services are normally covered by 
public  service  contracts  taking  into  account  to  a  large  extent  the  rights  of  passengers  and 
quality of service. Thus, national legislation defines the obligations of bus operators and the 
corresponding rights of passengers. Member States may exclude these services from the scope 
of application of the Regulation provided that the level of passenger rights enshrined in such 
contracts is comparable to the one set by the present Regulation. 

Member States offer divergent solutions for passengers and a variable level of protection in 
terms  of  liability  of  operators  and  assistance  provided  to  disabled  persons.  This  proposal 
therefore  addresses  situations  identified  as  critical  due  to  lack  of  appropriate  assistance  and 
care. For example, passengers on long-distance journeys outside their place of residence are in 
a very vulnerable position if their journey is interrupted or an accident occurs. 

At  this  stage  the  Commission  proposes  to  tackle  the  questions  that  call  for  a  considerable 
amount  of  harmonisation  among  Member  States  because  of  their  complexity  and/or 
international dimension (cross-border trips, international operators). 3. Consistency with other 
EU policies and objectives 

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The  proposal  for  a  Regulation  will  contribute  to  the  achievement  of  the  objectives  of  the 
Treaty 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. 

3.1. Consumer protection 

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  "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 rights developed in the aviation 
sector to other transport modes, in particular as regards passengers with reduced mobility. 

3.2. Social inclusion and fundamental rights 

The present proposal regarding the rights of passengers in bus and coach services is consistent 
with  the  objectives  of  combating  social  exclusion,  as  it  establishes  the  principle  of  non-
discrimination and assistance for disabled people. Article 12 of the EC Treaty provides that 
any discrimination on the grounds of nationality is prohibited. Therefore, in the bus and coach 
sector  also,  and  without  prejudice  to  public  service  obligations  requiring  social  tariffs, 
contract  conditions  and  tariffs  applied  by  bus  and/or  coach  undertakings  or  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 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. 

3.3. Single market 

Lastly,  the  proposal  would  allow  passengers  enjoying  improved  protection  to  benefit  fully 
from  the  Single  Market.  This  proposal  ensures  that  citizens,  including  those  with  reduced 
mobility,  can  make  full  use  of  the  Single  Market's  benefits  and  have  the  confidence  to  use 
them.  The  EU  consumer  policy  dimension  is  at  the  heart  of  the  next  phase  of  the  single 
market, as set out in the Commission's communication to the Spring European Council on the 
Single  Market  Review13.  The  Single  Market  generates  benefits  for  consumers  by  widening 
choice  and  lowering  prices  and  providing  adequate  protection.  In  this  respect,  the 

12 
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COM(2007) 99. 
A  Single  Market  for  Citizens  interim  report  to  the  2007  Spring  European  Council  Brussels  - 
COM(2007) 60, 21.2.2007. 

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establishment of bus and coach passengers' rights will complement the progress achieved in 
the transport sector within the framework of the European Single Market. 

4. CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

4.1. Consultation of interested parties 

In  July  2005  the  Commission's  services  launched  a  public  consultation  on  the  basis  of  a 
Commission  Staff  Working  Paper  “Rights  of  Passengers  in  International  Bus  and  Coach 
Transport”, which contained an overview of issues and challenges related to the establishment 
of rights of passengers in this mode of transport and invited interested parties to comment on 
a  number  of  questions.  The  consultation  was  concluded  by  publication  of  the  Reports  on 
results  of  the  public  consultation14  and  on  the  stakeholders’  meeting  held  in  Brussels  on  29 
March 200615. 

The contributions received revealed a clear split between bus and/or coach undertakings and 
their associations and federations on the one hand and consumer associations on the other. As 
a general rule, the former see no or only very limited need for regulation at EU level, whereas 
the  latter  are  calling  for  extensive  rights  for  passengers.  Very  clear  concerns  were  also 
expressed regarding the economic and organisational pattern of this industry and there was no 
unanimity about the scope of regulation and the inclusion or exclusion of particular types of 
service,  in  particular  local  and  regional  services.  Operators  mostly  argue  that  the  current 
economic situation does not allow any additional burden to be imposed, that there is no real 
need for regulation and that a large number of issues have been addressed in any case, either 
by  national  legislation  or  by  voluntary  commitments  they  have  entered  into.  Consumer 
associations  meanwhile  have  called  for  extensive  Community  action,  as  protection  of 
passengers' rights varies significantly from country to country. 

There  was  no  unanimous  agreement  between  respondents  on  how  to  address  the  issue  of 
accessibility of services and assistance to persons with reduced mobility using this mode of 
transport. Some operators pointed to the increased cost and limited feasibility for a whole fleet 
and  indicated  that  there  are  viable  alternatives  for  PRM  (specialised  bus  and/or  coach 
companies), while others pointed to possible social exclusion of these persons. 

Concerns  were  also  voiced  that  provisions  on  compensation  in  the  event  of  delay  could 
undermine road safety. 

A summary of the contributions received during the public consultation, the text of individual 
replies  and  the  minutes  of  the  stakeholders'  meeting  on  29  March  2006  are  available  at: 
http://ec.europa.eu/transport/road/consultations/passengers_rights_en.htm 

4.2. Collection and use of expertise 

In  June  2006  the  Commission  received  an  opinion  of  the  European  Energy  and  Transport 
Forum encouraging Community action in the field of rights of bus and coach passengers. The 
Commission took into consideration the following studies: "COST Action 349 - Accessibility 

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Report  on  the  results  of  the  public  consultation  is  available  in  English,  French  and  German  on  the 
following webpage: http://ec.europa.eu/transport/road/consultations/passengers_rights_en.htm  
Minutes of the meeting can be found on the website:  
http://ec.europa.eu/transport/road/consultations/passengers_rights_en.htm  

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of  coaches  and  long-distance  buses  for  people  with  reduced  mobility",  October  2005  and 
"Evaluation and monitoring of trends with regard to passenger needs on the level of service 
and treatment of passengers" (SHORT “EU SERVICE GUARANTEES - EUSG”)16. 

4.3. Impact assessment 

The  impact  assessment  carried  out  in  conformity  with  the  Guidelines  essentially  covered: 
principles of liability of operators in the event of death or injury of passengers comparable to 
other  modes  of  transport;  principles  of  compensation  and  assistance  in  the  event  of 
cancellations and delays; rules on accessibility, non-discrimination and assistance for disabled 
persons  and  persons  with  reduced  mobility;  quality  standards  and  information  obligations; 
rules on complaint handling and monitoring of compliance. 

Four policy options were assessed: 

The "maintaining status quo" option assumes that no EU action is undertaken. 

The  "minimum  protection"  option  would  entail  the  establishment  of  a  general  framework 
laying 
appropriate, 
for 
consolidating/amending and/or simplifying existing Community or national legislation (motor 
vehicle insurance, package tours directive, customer legislation). 

only  minimum 

and,  where 

protection 

down 

rules 

The "maximum protection" option provides for Community legal action establishing rights of 
bus  and  coach  passengers  in  international  transport  (option  I)  and  both  domestic  (long-
distance,  regional)  and  international  transport  (option  II)  with  respect  to  regular/occasional 
services. This option would ensure a uniform level of adequate protection of passengers in all 
Member States. 

The  "voluntary  commitments  and  self-regulation"  option:  this  option  assumes  that  the  bus 
and/or  coach  undertakings  would  develop  and  adopt  voluntary  EU-wide/domestic  self-
regulatory measures with regard to rights of bus and coach passengers. 

Summary of results of the impact assessment: "Commission Staff Working Document, Impact 
Assessment accompanying the proposal for a Regulation of the European Parliament and of 
the Council on the rights of passengers in international bus and coach transport": 

Given the broad scope of the issues examined under the impact assessment exercise, different 
options  were  indicated  as  most  effective  with  a  view  to  striking  the  right  balance  between 
costs and benefits. 

As regards the principle of non-discrimination and assistance to disabled persons and persons 
with  reduced  mobility  a  combination  of  option  2:  Minimum  protection  scenario  (for 
occasional  services  only)  and  option  3.I:  Maximum  protection  scenario  (scheduled 
international services only) was indicated as the best one. In order to assert  the principle of 
non-discrimination and assistance to disabled persons and persons with reduced mobility, the 
proposed policy should guarantee an optimum level of accessibility compelling the operators 
and  terminal  managers  to  install  adequate  access  means  and,  at  the  same  time,  to  avoid  a 
related increase in ticket prices. 

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Available at http://ec.europa.eu/consumers/topics/facts_en.htm 

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With  regard  to  liability  schemes,  the  impact  assessment  indicated  that  the  most  substantial 
benefits  for  passengers  without  significantly  adding  costs  would  be  achieved  if  the 
"establishment of a fully fledged system" option is chosen. Passengers will benefit from better 
legal  and  economic  protection  while  differences  resulting  from  national  legislation  will  be 
eliminated. 

The "establishment of a fully fledged system" option appears to be the most effective one with 
regard to assistance and information obligations in the event of interrupted journey. Stronger 
protection of passengers will result in better services being offered. In turn, an increased level 
of  passenger  care  is  likely  to  improve  the  position  of  bus  and/or  coach  undertakings  on  the 
market in which they compete on both price and quality of service. Therefore the Commission 
favours the "maximum protection" option for assistance and information obligations. 

The impact assessment report together with the annexes accompanies this proposal. 

5. LEGAL ASPECTS 

5.1. Legal base 

The legal base for the proposal is set out in Article 71 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  bus  and 
coach  passengers,  including  persons  with  disabilities  and  reduced  mobility.  The  rules 
established by the present proposal should be applied in a uniform and effective way across 
the  European  Union.  A  regulation  that  is  directly  applicable  appears  to  be  the  most 
appropriate  instrument  to  ensure  the  most  coherent  application  of  the  rules  in  all  Member 
States. A regulation as a legal instrument has already been chosen by the Community in order 
to protect the rights of air and rail passengers. In order to achieve enforceable and equivalent 
passenger  rights  for  bus  and  coach  transport,  a  regulation  has  been  deemed  the  most 
appropriate instrument. 

5.3. Subsidiarity principle 

Passenger protection, as part of the internal market and common transport policies, is a issue 
of  European  scale  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.  Given  the 
increasing 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.  The  aim  of  the  proposal  is  therefore  to  ensure  that  bus  and  coach 
passengers enjoy the same level of rights and protection throughout the European Union.  

Given  the  international  dimension  of  this  mode  of  transport  (trips  and/or  coach  and  bus 
operators), this objective cannot be sufficiently achieved by a Member State acting alone. The 
existing  international  agreement  (UN  ECE  Convention  CVR)  cannot  be  regarded  as  an 
effective tool, as it has been ratified only by a very limited number of Member States. In this 
context Community action is therefore called for.  

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5.4. Proportionality principle 

The  proposal  complies  with  the  proportionality  principle.  The  Commission  has  limited  its 
proposal to areas where precise Community rules are necessary and avoids subjects which are 
better  left  to  self-regulatory  measures.  It  is  limited  to  areas  where  the  need  for  Community 
action  is  clear  and  widely  accepted.  It  is  therefore  proportional  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 so to 
insist on having them respected. 

5.5. Enforcement 

Passengers and especially persons with disabilities and with reduced mobility are in a weak 
position if bus and/or coach undertakings fail to  meet  their obligations. The United Nations 
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  lay  down sanctions for non-compliance and to designate  bodies 
responsible for enforcing the regulation and for handling complaints from passengers. These 
provisions follow the same approach as taken in the Regulation of the European Parliament 
and the Council on compensation and assistance to passengers in the event of denied boarding 
and  of  cancellation  or  long  delay  of  flights  and  the  Regulation  concerning  the  rights  of 
disabled persons and persons with reduced mobility when travelling by air. 

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. 

5.7. Self-regulation 

The  Commission  is  aware  that  bus  and/or  coach  undertakings  have  developed  a  number  of 
voluntary  agreements  and  other  self-regulatory  measures  guaranteeing  adequate  levels  of 
service quality. The Commission continues to welcome such arrangements as a complement 
to the Community action proposed.  

6. PROVISIONS OF THE PROPOSAL 

Chapter I 

This chapter contains general provisions concerning the subject matter, definitions and scope 
of the Regulation. The proposal covers the liability of bus and/or coach undertakings, rules on 
non-discrimination and mandatory assistance for  disabled persons and  persons with reduced 
mobility. The proposal also sets out obligations of bus and/or coach undertakings in the event 
of  interrupted  travel,  as  well  as  appropriate  rules  governing  complaint  handling  and 
enforcement.  

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Article 1 

This Article sets out the subject matter of the Regulation. 

Article 2 

This Article sets out the scope of the Regulation.  

Article 3 

This Article gives the definitions. 

Article 4 

This Article concerns a proof of the conclusion of a transport contract and prohibits offering 
discriminatory  contract  conditions  on  the  basis  of  nationality  or  place  of  residence  of 
passengers. 

Article 5 

This Article concerns exclusion of waiver with regard to rights established by this proposal. 

Chapter II 

This chapter sets out the rules on liability of bus and/or coach undertakings for passengers and 
their  luggage.  Passengers  will  be  entitled  to  uniform  compensation  levels  and  will  benefit 
from  harmonised  rules  on  liability  of  bus  and/or  coach  undertakings.  The  liability  of 
undertakings  is  unlimited.  Moreover,  under  certain  conditions  undertakings  may  not  contest 
damages up to certain amount in the event of an accident. Passengers suffering an accident are 
entitled  to  advance  payments  in  order  to  address  economic  difficulties  that  they  or  their 
families may face as a consequence of death or injury. This chapter also establishes rules for 
compensation for loss of or damage to luggage. 

Article 6 

This Article concerns liability for death or injury of passengers. 

Article 7 

This Article establishes general rules concerning damages. 

Article 8 

This Article obliges bus and/or coach undertakings to make advance payments in the event of 
an accident. 

Article 9 

This Article establishes rules for compensation for lost or damaged luggage. 

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Chapter III 

This  chapter  essentially  concerns  disabled  persons  and  persons  with  reduced  mobility  using 
this mode of transport. This category of passengers is often prevented from travelling by bus 
and coach due to a lack of accessibility of these services and necessary assistance offered by 
bus  and/or  coach  undertakings.  This  chapter  addresses  these  problems  by  forbidding  any 
discrimination on grounds of disability or reduced mobility with regard to booking a journey 
or  boarding  a  vehicle.  This  is  without  prejudice  to  certain  exceptions  and  derogations, 
particularly for justified safety reasons, established by law. 

The scope of mandatory assistance at terminals and on board vehicles is specified in Annex I. 
Such assistance is provided free of charge on condition that the passenger has notified a need 
for  it  in  advance  and  arrives  at  the  terminal  at  a  stipulated  time  prior  to  the  scheduled 
departure.  Personnel  of  the  bus  and/or  coach  undertakings  and  terminal  staff  should  have 
appropriate knowledge with regard to provision of assistance to disabled persons. 

Article 10 

This Article establishes rules for prevention of refusal of carriage on the grounds of disability 
or reduced mobility.  

Article 11 

.This Article concerns derogations, special conditions and information with regard to rules set 
out in the present Chapter. 

Article 12 

This  Article  establishes  general  accessibility  rules  for  disabled  persons  and  persons  with 
reduced mobility. 

Article 13 

This Article establishes the right to assistance for disabled persons and persons with reduced 
mobility. 

Article 14 

This Article sets out rules on assistance at terminals. 

Article 15 

This Article deals with assistance on board. 

Article 16 

This Article sets out the conditions under which assistance is provided. 

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Article 17  

This concerns the transmission of notifications of the need for assistance for disabled persons 
and persons with reduced mobility to third parties by bus and/or coach undertakings or ticket 
vendors. 

Article 18 

This  Article  provides  for  the  obligation  to  ensure  appropriate  training  for  personnel  with 
regard to disability issues. 

Article 19 

This  Article  establishes  general  rules  for  compensation  for  lost  or  damaged  mobility 
equipment. 

Chapter IV 

This chapter concerns obligations of bus and/or coach undertakings in the event of interrupted 
journeys, due to cancellation of a service or delays. In particular in case of cancellations and, 
for  scheduled  journeys  of  at  least  3  hours,  delays  at  departure  of  more  than  2  hours,  the 
undertakings are obliged to provide reasonable alternative services in comparable time frames 
or, where that is not possible, provide passengers with information on other available services. 
If they fail to meet this requirement, the undertakings should pay compensation amounting to 
50% of the ticket price. In all cases, passengers have a right to travel information.  

Article 20 

This Article establishes general rules on liability for cancellations and long delays. It defines 
the scope of the right to information, rerouting and/or reimbursement and compensation in the 
event of cancellations and long delays. 

Article 21 

This Article establishes the right to travel information. 

Article 22 

This Article paves the way for seeking further compensation. 

Article 23 

This Article obliges bus and/or coach undertaking to cooperate in order to adopt arrangements 
with a view to enhancing passenger rights and quality of service. 

Chapter V 

This  chapter  obliges  bus  and/or  coach  undertakings  to  set  up  internal  complaint  handling 
procedures.  The  examination  of  passenger  complaints  is  subject  to  strict  deadlines.  The 
obligation to inform passengers of their rights rests with undertakings and terminal managing 
bodies. 

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Article 24 

This Article concerns travel information to be provided by bus and/or coach undertakings and 
terminal managing bodies. 

Article 25 

This Article requires bus and/or coach undertakings and terminal managing bodies to provide 
passengers with information on their rights under this Regulation. 

Article 26 

This Article establishes rules for a complaint handling procedure. 

Chapter VI 

This  chapter  provides  for  enforcement  rules  and  the  appropriate  institutional  framework. 
Member  States  must  designate  national  enforcement  bodies  to  which  passengers  may 
complain about alleged violation of their rights under this Regulation. These national bodies 
are required to cooperate with each other. Moreover, Member States should make provision 
for dissuasive penalties in connection with failure to respect passenger rights. 

Article 27 

This Article covers the enforcement of the present Regulation, including the establishment of 
national enforcement bodies. 

Article 28 

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

Article 29 

This Article establishes the principle of cooperation between national enforcement bodies 

Article 30 

This Article deals with the penalties to be imposed by Member States. 

Chapter VII 

This chapter provides that the Commission should report to the Council and Parliament on the 
functioning of the Regulation three years after its entry into force. The Regulation will enter 
into force 20 days after publication in the Official Journal of the EU and will apply with effect 
a year after that date. 

Article 31 

This Article sets out the reporting obligations of the Commission. 

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Article 32 

This  Article  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 33 

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

Annex I 

This Annex defines the scope of assistance to be offered to disabled persons and persons with 
reduced mobility at terminals (a) and on board a bus or coach (b). 

Annex II 

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

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2008/0237 (COD) 

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 

(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 Article 
71(1) thereof, 

Having regard to the proposal from the Commission17, 

Having regard to the opinion of the European Economic and Social Committee18, 

Having regard to the opinion of the Committee of the Regions19, 

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

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

17 
18 
19 

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

Since  the  bus  or  coach  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. 

Passengers should enjoy liability rules comparable to other modes of transport in the 
event of accidents resulting in death or injury.  

Passengers should be entitled to advance payments to cover their immediate economic 
needs following an accident. 

Bus  and/or  coach  undertakings  should  be  liable  for  loss  or  damage  of  passengers' 
luggage on terms comparable with other modes of transport. 

OJ C […], […], p. […] 

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(6) 

(7) 

(8) 

(9) 

Bus  and  coach  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 bus and coach 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 bus and coach 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  reasons  which  are 
justified  on  grounds  of  safety  and  prescribed  by  law.  They  should  enjoy  the  right  to 
assistance at bus and coach terminals and on board the vehicles, including embarking 
and  disembarking.  In  the  interest  of  social  inclusion,  the  persons  concerned  should 
receive  the  assistance  without  additional  charge.  Bus  and/or  coach  undertakings 
should  establish  accessibility  rules,  using  preferably  the  European  Standardisation 
system.  

In  deciding  on  the  design  of  new  terminals,  and  as  part  of  major  refurbishments, 
managing  bodies  should,  where  possible,  take  into  account  the  needs  of  disabled 
persons and persons with reduced mobility. In any case, managing bodies of bus and 
coach  terminals  should  designate  points  where  such  persons  can  notify  their  arrival 
and need for assistance. 

Rights  of  bus  and  coach  passengers  should  include  the  receipt  of  information 
regarding the service before and during the journey. All essential information provided 
to bus and coach passengers should also be provided in alternative formats accessible 
to disabled persons and persons with reduced mobility. 

(10)  This  Regulation  should  not  restrict  the  rights  of  bus  and  coach  undertakings  to  seek 
compensation  from  any  person,  including  third  parties,  in  accordance  with  the 
applicable law.  

(11) 

Inconveniences  experienced  by  passengers  due  to  cancellation  or  long  delay  of  their 
journey should be reduced. To this end, passengers should be adequately looked after 
and informed. Passengers should be able to cancel and have their tickets reimbursed or 
to obtain rerouting under satisfactory conditions or information on alternative transport 
services.  If  bus  and/or  coach  undertakings  fail  to  provide  passengers  with  the 
necessary assistance, passengers should have a right to obtain financial compensation. 

(12)  Bus  and/or  coach  undertakings  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. 

(13)  This  Regulation  shall  not  affect  the  rights  of  passengers  established  by  Directive 
90/314/EEC on package travel, package holidays and package tours20. In cases where 

20 

OJ L 158, 23.6.1990, p. 59.  

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a package tour is cancelled for reasons other than the bus and coach transport service 
being cancelled, this Regulation should not apply. 

(14)  Passengers should be fully informed of their rights provided for in this Regulation, so 

that they can effectively exercise those rights.  

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

(16)  Member States should ensure and supervise general compliance by bus and/or coach 
undertakings with this Regulation and designate an appropriate body to carry out such 
enforcement tasks. The supervision should not affect the rights of passengers to seek 
legal redress from courts under procedures of national law. 

(17)  Member  States  should  lay  down  penalties  applicable  to  infringements  of  this 
Regulation  and  ensure  that  these  penalties  are  applied.  The  penalties  should  be 
effective, proportionate and dissuasive. 

(18)  Since the objectives of this Regulation, namely to ensure high and equivalent levels of 
protection  of  and  assistance  to  passengers  in  bus  and  coach  transport  across  all 
Member States, cannot sufficiently be achieved by the Member States alone and can 
therefore  by  reason  of  the  significant  international  dimension  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. 

(19)  This  Regulation  should  be  without  prejudice  to  Directive  95/46/EC  of  the  European 
Parliament  and  of  the  Council  of  24  October  1995  on  the  protection  of  individuals 
with  regard  to  the  processing  of  personal  data  and  on  the  free  movement  of  such 
data21. 

(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 consumer 
protection law (the Regulation on consumer protection cooperation)22. That Regulation 
should therefore be amended accordingly. 

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

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

21 
22 

OJ L 281, 23.11.1995, p. 31. 
OJ L 364, 9.12.2004, p.1 

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HAVE ADOPTED THIS REGULATION: 

Chapter I 
General provisions 

Article 1 
Subject matter 

This Regulation establishes rules as regards the following: 

(1) 

(2) 

(3) 

(4) 

non-discrimination between passengers with regard to transport conditions offered by 
bus and/or coach undertakings; 

the  liability  of  bus  and/or  coach  undertakings  in  the  event  of  accidents  resulting  in 
death or injury of passengers or loss of or damage to their luggage; 

non-discrimination  and  mandatory  assistance  for  disabled  persons  and  persons  with 
reduced mobility travelling by bus or coach; 

obligations  of  bus  and/or  coach  undertakings  towards  passengers  in  cases  of 
cancellation or delay; 

(5) 

the minimum information to be provided to passengers; 

(6) 

the handling of complaints; 

(7) 

the enforcement of passenger rights. 

Article 2 
Scope 

1. 

2. 

This  Regulation  shall  apply  to  the  carriage  of  passengers  by  bus  and/or  coach 
undertakings by means of regular services. 

Member  States  may  exempt  urban,  suburban  and  regional  transport  covered  by 
public  service  contracts,  if  such  contracts  ensure  a  comparable  level  of  passenger 
rights to that required in this Regulation.  

3. 

With respect to occasional services, only Chapter II shall be applicable. 

Article 3 
Definitions 

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

(1) 

'bus and/or coach undertaking' means a transport undertaking that is authorised in the 
State of establishment to undertake carriage by coach and bus in accordance with the 
market-access conditions laid down by national legislation and a transport undertaking 
holding  a  valid  Community  licence  issued  in  conformity  with  Council  Regulation 

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(EEC) No 684/92 for the purpose of carrying out international services of carriage of 
passengers.  

'occasional services' means services within the meaning of Article 2 (3) of Regulation 
(EEC) No 684/92;  

'regular  services'  means  services  within  the  meaning  of  Article  2  (1)  of  Regulation 
(EEC) No 684/92; 

'transport  contract'  means  a  contract  of  carriage  between  a  bus  and/or  coach 
undertaking 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 bus 
and/or coach undertaking or its authorised ticket vendors; 

'ticket  vendor'  means  any  retailer  of  bus  and  coach  transport  services  concluding 
transport contracts and selling tickets on behalf of a bus and/or coach undertaking or 
for its own account; 

'tour operator' means an organiser or retailer within the meaning of Article 2(2) and (3) 
of Directive 90/314/EEC; 

'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 
locomotory,  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  services  made  available  to  all 
passengers; 

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

'terminal managing body' means an organisational entity in a Member State which has 
been made responsible for the management of a bus and/or coach terminal; 

'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. 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

(11) 

(12) 

Article 4 
Transport contract and non-discriminatory contract conditions 

1. 

Bus and coach undertakings 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. 

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2. 

1. 

2. 

1. 

2. 

3. 

Without  prejudice  to  public  service  obligations  requiring  social  tariffs,  contract 
conditions  and  tariffs  applied  by  bus  and/or  coach  undertakings  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  the  bus  and/or  coach  undertakings,  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 transport contract. 

Bus  and/or  coach  undertakings  may  offer  contract  conditions  that  are  more 
favourable for the passenger than the conditions laid down in this Regulation. 

Chapter II 
Liability of bus and/or coach undertakings with regard to 
passengers and their luggage 

Article 6 
Liability for death and injury of passengers 

In accordance with this Chapter, bus and/or coach undertakings shall be liable for the 
loss  or  damage  resulting  from  the  death  of,  personal  injury  or  mental  harm  to, 
passengers,  caused  by  accidents  arising  out  of  the  operation  of  bus  and  coach 
transport  services  and  occurring  while  the  passenger  is  in,  entering  or  leaving  the 
vehicle. 

The  liability  of  bus  and/or  coach  undertakings  for  damages  shall  not  be  subject  to 
any financial limit, be it defined by law, convention or contract 

For any damage up to the amount of EUR 220 000, a bus and/or coach undertaking 
shall  not  exclude  or  limit  its  liability  by  proving  that  it  has  taken  the  care  required 
pursuant to  paragraph 4a 

4. 

A bus and/or coach undertaking shall not be liable pursuant to paragraph 1: 

(a) 

if  the  accident  has  been  caused  by  circumstances  not  connected  with  the 
operation of bus and coach transport services and which the bus and/or coach 
undertaking could not have avoided, in spite of having taken the care required 
in  the  particular  circumstances  of  the  case,  and  the  consequences  of  which  it 
was unable to prevent; 

(b) 

to  the  extent  that  the  accident  is  the  fault  of  the  passenger  or  caused  by  his 
negligence; 

5. 

Nothing in this Regulation shall: 

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(a) 

(b) 

imply  that  a  bus  and/or  coach  undertaking  is  the  sole  party  liable  to  pay 
damages; or 

restrict any rights of a bus and/or coach undertaking to seek redress from any 
other party in accordance with applicable law of a Member State. 

Article 7 
Damages 

1. 

In  the  event  of  the  death  of  a  passenger,  the  damages  in  respect  of  the  liability 
provided for in Article 6 shall comprise: 

(a) 

(b) 

any  necessary  costs  following  the  death,  in  particular  the  cost  of  transporting 
the body and the funeral expenses; 

if the death does not occur at once, the damages provided for in paragraph 2 of 
this Article. 

2. 

In the event of personal injury or any other physical or mental harm to a passenger, 
the damages shall comprise: 

3. 

1. 

2. 

3. 

(a) 

(b) 

any necessary costs, in particular those of treatment and of transport; 

compensation for financial loss, due to total or partial incapacity to work, or to 
increased needs. 

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

Article 8 
Advance payments 

In the event of the death of, personal injury to, or any other physical or mental harm 
to, passengers, caused by an accident arising out of the operation of bus and coach 
transport services, the bus and/or coach undertaking shall without delay, and in any 
event  not  later  than  fifteen  days  after  establishment  of  the  identity  of  the  natural 
person entitled to compensation, make such advance payments as may be required to 
meet immediate economic needs on a basis proportional to the damage suffered. 

Without prejudice to paragraph 1, the advance payment shall not be less than EUR 
21 000 per passenger in the event of death. 

An  advance  payment  shall  not  constitute  recognition  of  liability  and  may  be  offset 
against any subsequent sums paid on the basis of this Regulation but it shall not be 
returnable, except in cases where the damage was caused by the negligence or fault 
of the passenger or where the person who received the advance payment was not the 
person entitled to compensation. 

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Article 9 
Liability for lost and damaged luggage 

1. 

2. 

3. 

Bus  and/or  coach  undertakings  shall  be  liable  for  the  loss  of  or  damage  to  luggage 
placed under their responsibility. The maximum compensation shall amount to EUR 
1800 per passenger. 

In  the  event  of  accidents  arising  out  of  the  operation  of  bus  and  coach  transport 
services, bus and/or coach undertakings shall be liable for loss of or damage to the 
personal  effects  which  passengers  had  on  them  or  with  them  as  hand  luggage.  The 
maximum compensation shall amount to EUR 1300. 

If a bus and/or coach undertaking proves that the damage was caused or contributed 
to by fault or negligence of the passenger, the bus and/or coach undertaking shall be 
wholly or partly exonerated from its liability towards the claimant to the extent that 
such fault or negligence caused or contributed to the damage. 

Chapter III 
Rights of disabled persons and persons with reduced mobility 

Article 10 
Prevention of refusal of carriage 

1. 

Bus  and/or  coach  undertakings,  their  ticket  vendors  and  tour  operators  shall  not 
refuse, on the grounds of disability or of reduced mobility: 

2. 

1. 

(a) 

(b) 

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

to embark a disabled person or a person with reduced mobility, provided that 
the person concerned has a valid ticket or reservation. 

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

Article 11 
Derogations and special conditions  

Notwithstanding the provisions of Article 10, bus and/or coach undertakings or their 
ticket vendors or tour operators may refuse, on the grounds of disability or reduced 
mobility,  to  accept  a  reservation  from,  to  issue  a  ticket  to  or  embark  a  disabled 
person or a person with reduced mobility: 

(a) 

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  authorisation  to  the  bus  and/or  coach 
undertaking concerned, 

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(b) 

where  the  size  of  vehicle  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. 

A  disabled  person  or  a  person  with  reduced  mobility  who  has  been  denied 
embarkation on the grounds of his disability or reduced mobility shall be offered the 
right  to  reimbursement  and  reasonable  alternative  transport  services  to  the  place  of 
destination in a comparable time frame. 

Under  the  same  conditions  as  referred  to  in  paragraph  1(a),  a  bus  and/or  coach 
undertaking, a ticket vendor or a tour operator may require that disabled persons or 
persons 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 bus and/or coach undertaking or a ticket vendor or a tour operator exercise 
the derogation provided for in paragraph 1, it shall immediately inform the disabled 
person or person with reduced mobility of the reasons, or upon request inform them 
in writing within five working days of the refusal to make a reservation. 

Article 12 
Accessibility and information 

Bus  and/or  coach  undertakings  shall  establish,  with  the  active  involvement  of 
representatives  of  organisations  of  disabled  persons  and  persons  with  reduced 
mobility and enforcement bodies referred to in Article 27, non-discriminatory access 
rules  that  apply  to  the  transport  of  disabled  persons  and  persons  with  reduced 
mobility,  in  order  to  meet  applicable  safety  requirements.  These  rules  shall  contain 
all access conditions of the bus and coach service in question, including accessibility 
of the vehicles operated and their facilities on board.  

The rules provided for in paragraph 1 shall be made publicly available by bus and/or 
coach  undertakings  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  bus  and  coach  undertakings  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. 

Bus and/or coach undertakings, their ticket vendors or tour operators shall ensure that 
all  relevant  information  concerning  the  conditions  of  carriage,  journey  information 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

5. 

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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 13 
Right to assistance 

Terminal  managing  bodies  and  bus  and/or  coach  undertakings  shall  ensure 
appropriate  assistance  to  a  disabled  person  or  a  person  with  reduced  mobility  as 
specified in Annex I free of charge before, during and after the journey. 

Terminal  managing  bodies  and  bus  and/or  coach  undertakings  may  provide 
assistance themselves or may contract with one or more other parties for the supply 
of  the  assistance.  They  may  enter  into  such  a  contract  or  contracts  on  their  own 
initiative or on request. 

Where  terminal  managing  bodies  and  bus  and/or  coach  undertakings  contract  with 
one  or  more  other  parties  for  the  supply  of  the  assistances,  they  shall  remain 
responsible for provision of assistance. 

The  provisions  of  this  Chapter  do  not  prevent  terminal  managing  bodies  or  bus 
and/or  coach  undertakings  from  providing  assistance  of  a  higher  standard  than  the 
standards  referred  to  in  Annex  I  or  providing  services  additional  to  those  specified 
therein. 

Article 14 
Right to assistance at terminals 

Not later than six months after the entry into force of this Regulation, Member States 
shall  designate  bus  and  coach  terminals  where  assistance  for  disabled  persons  and 
persons with reduced mobility should be provided, taking into consideration a need 
to ensure the accessibility of services in most geographical locations. Member States 
shall inform the Commission thereof. 

The  terminal  managing  body  of  a  terminal  designated  by  a  Member  State  in 
accordance  with  paragraph  1  shall  be  responsible  for  ensuring  the  provision  of  the 
assistance  specified  in  part  (a)  of  Annex  I  without  additional  charge  to  disabled 
persons  and  persons  with  reduced  mobility,  provided  that  the  person  concerned 
fulfils the conditions set out in Article 16. 

1. 

2. 

3. 

1. 

2. 

Article 15 
Right to assistance on board 

Bus  and/or  coach  undertakings  shall  provide  at  least  the  assistance  specified  in  part  (b)  of 
Annex I free of charge to disabled persons and persons with reduced mobility on board the 
coach or bus and during boarding and disembarking from the coach or bus, provided that the 
person concerned fulfils the conditions set out in Article 16. 

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Article 16 
Conditions under which assistance is provided 

1. 

2. 

3. 

Bus  and/or  coach  undertakings,  terminal  managing  bodies,  ticket  vendors  and  tour 
operators  shall  cooperate  in  order  to  provide  assistance  to  disabled  persons  and 
persons with reduced mobility on condition that the person's need for such assistance 
is  notified  to  the  bus  and/or  coach  undertaking,  terminal  managing  body,  ticket 
vendor or tour operator at least 48 hours before the assistance is needed. 

Bus  and/or  coach  undertakings,  ticket  vendors  and  tour  operators  shall  take  all 
measures necessary to facilitate the receipt 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  paragraph  1,  bus  and/or  coach 
undertakings,  terminal  managing  bodies,  ticket  vendors  and  tour  operators  shall 
make every reasonable effort 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. 

4. 

Assistance shall be provided on condition that the person concerned presents himself 
at the designated point: 

– 

– 

at  a  time  stipulated  in  advance  by  the  bus  and/or  coach  undertaking,  which 
shall be no more than 60 minutes before the published departure time, or 

if no time is stipulated, not later than 30 minutes before the published departure 
time. 

The  terminal  managing  body  of  a  terminal  designated  by  a  Member  State  in 
accordance with Article 14(1) shall,  taking account  of local conditions and without 
prejudice to the powers of other entities regarding areas located outside the terminal 
premises,  designate  points  of  arrival  and  departure  within  the  terminal  or  at  points 
under the direct control of the terminal managing body, both inside and outside the 
terminal  building,  at  which  disabled  persons  or  persons  with  reduced  mobility  can 
announce their arrival and request assistance. 

The  points  referred  to  in  paragraph  5  shall  be  clearly  signed  and  shall  offer  basic 
information about the terminal and assistance provided, in accessible formats. 

Article 17 
Transmission of information to a third party 

Where  provision  of  the  assistance  has  been  subcontracted,  and  a  bus  and/or  coach 
undertaking  or  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  to  the  sub-contractor  at  least  36 
hours before the published departure time for the journey. 

5. 

6. 

1. 

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2. 

Where  provision  of  the  assistance  has  been  subcontracted,  and  a  bus  and/or  coach 
undertaking or a ticket vendor or a 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. 

Bus and/or coach undertakings shall: 

Article 18 
Training 

(a) 

(a) 

(b) 

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 II to all their personnel 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 19 
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 terminal or transported on board, the passenger to whom 
the equipment belongs shall be compensated by the bus and/or coach undertaking or 
the terminal managing body depending on who was responsible for the equipment 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 IV 
Obligations of bus and/or coach undertakings in the event of 
interrupted travel 

Article 20 
Responsibility in the event of cancellations and long delays 

Bus  and/or  coach  undertakings  shall  be  liable  for  cancellations  and,  where  the  scheduled 
duration of a trip exceeds three hours, for delays at departure of more than two hours. In such 
events the passengers concerned shall at least: 

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(a) 

(b) 

(c) 

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  they  accept  alternative 
transport services referred to in point(a); 

have  the  right  to  compensation  amounting  to  100  %  of  the  ticket  price  if  the 
bus  and/or  coach  undertaking  fails  to  provide  alternative  services  or 
information as referred to in point (a). The compensation shall be paid within 
one month after the submission of the request for compensation.  

Article 21 
Provision of information 

1. 

2. 

In the event of delay, bus and/or coach undertakings or, where appropriate, terminal 
managing bodies 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, bus and/or coach undertakings shall 
make  reasonable  efforts  to  inform  the  passengers  concerned  of  alternative 
connections. 

Article 22 
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 23 
Additional measures in favour of passengers 

Bus  and  coach  undertakings  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 V 
Information for passengers and handling of complaints  

Article 24 
Right to travel information 

Terminal managing bodies and bus and/or coach undertakings shall provide passengers with 
adequate  information  throughout  their  travel  in  the  most  appropriate  format.  Particular 

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attention  shall  be  paid  to  the  needs  of  people  with  disabilities  and  persons  with  reduced 
mobility. 

1. 

1. 

2. 

Article 25 
Information on passenger rights 

Bus  and/or  coach  undertakings  and  terminal  managing  bodies  shall  ensure  that 
passengers are provided with appropriate and comprehensible information regarding 
their rights under this Regulation at the latest on departure and during their journey. 
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. This information shall include contact 
details of the enforcement body designated by the Member State pursuant to Article 
27(1). 

Article 26 
Complaints 

Bus  and/or  coach  undertakings  shall  set  up  a  complaint  handling  mechanism  for 
rights and obligations covered by this Regulation. 

Passengers  may  submit  a  complaint  to  a  bus  and/or  coach  undertaking  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. 

3. 

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

Chapter VI 
Enforcement and national enforcement bodies 

Article 27 
National enforcement bodies 

1. 

2. 

3. 

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 12. Each body shall, in its organisation, funding decisions, legal 
structure and decision-making, be independent of bus and/or coach undertakings. 

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, 
about an alleged infringement of this Regulation. 

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4. 

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 28 
Report on enforcement 

1. 

On  1  June  each  year  the  enforcement  bodies  designated  pursuant  to  Article  27  (1) 
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, 

(e) 

details of sanctions applied, 

(f) 

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 29 
Cooperation between enforcement bodies 

National enforcement bodies designated pursuant to Article 27 (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 30 
Penalties 

Member States shall lay down rules on penalties applicable to infringement 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  inform  it  without  delay  of  any 
subsequent amendment affecting them. 

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Chapter VII 
Final provisions 

Article 31 
Report 

The Commission shall report to the European Parliament and the  Council at the latest three 
years  after  the  entry  into  force  of  this  Regulation,  on  the  operation  and  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 32 
Amendment to Regulation (EC) No 2006/2004 

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

"18.  Regulation  of  the  European  Parliament  and  of  the  Council  of  …  on  the  rights  of 
passengers  in  bus  and  coach  transport  and  amending  Regulation  EC  No  2006/2004  of  the 
European Parliament and of the Council23 

Article 33 
Entry into force 

1. 

2. 

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 with effect from [a year after its entry into force]. 

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 

23 

OJ L […], […], p. […] 

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ANNEX I 

Assistance provided to disabled persons and persons with reduced mobility 

a) Assistance at terminals 

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

– 

– 

communicate  their  arrival  at  the  terminal  and  their  request  for  assistance  at 
designated points; 

move from designated point to cash-desk, waiting room and embarkation area.  

b) Assistance on board 

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

– 

– 

– 

– 

– 

– 

– 

– 

– 

board  the  vehicle,  with  the  provision  of  lifts,  wheelchairs  or  other  appropriate 
equipment; 

load their luggage; 

retrieve their luggage; 

disembark from the vehicle; 

move to toilet facilities, if required; 

carry a recognised assistance dog on board a bus or coach; 

proceed to the seats; 

be provided with essential information on a journey in accessible formats; 

embark/ disembark during pauses in a journey, if feasible. 

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ANNEX II 

Disability-related training 

a) Disability-awareness training 

Training of staff that 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  disabled  persons  and  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; 

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). 

b) Disability-assistance training  

Training  of  staff  directly  assisting  disabled  persons  and  persons  with  reduced  mobility 
includes: 

– 

– 

– 

– 

– 

– 

– 

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

skills for providing assistance to disabled persons and 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  disabled  persons  and 
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 disabled persons and 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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