OPINION OF THE COMMISSION  pursuant to Article 294, paragraph 7, point (c) of the Treaty on the Functioning of the European Union, on the European Parliament's amendment to the Council's position regarding the  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
Date: 2010-09-23
Institutions: European Commission
Subjects: amendment, carriage of passengers, consumer protection, inland waterway transport, maritime transport, transport law

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EUROPEAN COMMISSION 

Brussels, 23.9.2010 
COM(2010) 519 final 

2008/0246 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 294, paragraph 7, point (c) of the Treaty on the Functioning of the 
European Union, 
on the European Parliament's amendment 
to the Council's position regarding the  
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 

AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 293, paragraph 2, of the Treaty on the Functioning of the European Union 

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2008/0246 (COD) 

OPINION OF THE COMMISSION 

pursuant to 294, paragraph 7, point (c) of the Treaty on the Functioning of the 
European Union 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

concerning the rights of passengers when travelling by sea and inland waterway and 
amending Regulation (EC) No 2006/2004 

1. 

BACKGROUND 

Date on which the proposal was sent to Parliament and the Council: 

5 December 2008  

Date of Parliament's opinion at first reading: 

Opinion of the Economic and Social Committee: 

23 April 2009 

16 July 2009  

Date of unanimous adoption of the Council position: 

11 March 2010 

Date of COREPER agreement on the second reading compromise: 

23 June 2010 

Date of Parliament's opinion at second reading: 

6 July 2010 

2. 

PURPOSE OF THE PROPOSAL 

The  legislative  proposal  aims  at  establishing  sets  of  rights  for  passengers  using  waterborne 
transport on both domestic  and  international routes.  These  rights  include  minimum  rules  on 
information for all passengers before and during their journey, assistance and compensation in 
the event of interruptions of journeys, measures in the event of delay and specific assistance 
for  persons  with  reduced  mobility.  As  in  existing  legislation  for  the  air  and  rail  sectors,  the 
proposal foresees independent national bodies for settlement of disputes. 

3. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENT  BY  THE  EUROPEAN 
PARLIAMENT 

The European Parliament's opinion at second reading of 6 July 2010, has brought the Council 
position  closer  to  that  of  the  Commission's  proposal  in  terms  of  broadening  of  the  scope 
(exclusion  limited  to  vessels  carrying  up  to  12  passengers  rather  than  36  passengers),  as 
improving  the  protection  of  the  rights  of  passengers  with  reduced  mobility  and  disabled 
passengers  (accessible  formats,  reducing  exceptions  to  the  right  to  travel,  shortening 
notification periods) as well as raising the level of protection of passengers travelling by sea 

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and  inland  waterways  in  general  (lowering  compensation  thresholds,  raising  levels  of 
assistance). 

The Parliament's position is a result of a compromise obtained at the last informal trialogue 
held on 15 June 2010 and which was discussed and approved on 23 June 2010 in Council. 

4. 

CONCLUSION 

Pursuant  to  Article  293(2)  of  the  Treaty  on  the  Functioning  of  the  European  Union,  the 
Commission  accepts  the  modification  of  its  proposal  according  to  the  above  described 
compromise text of the Council and the Parliament. 

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