COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to Article 294(6) of the Treaty on the Functioning of the European Union concerning the position of the Council on the recast of Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations
Date: 2021-02-02
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: carriage of passengers, common transport policy, consumer protection, disabled person, high-speed transport, liability, passenger tariff, rail transport, transport company

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 2.2.2021  COM(2021) 40 final 2017/0237 (COD)  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT  pursuant to Article 294(6) of the Treaty on the Functioning of the European Union  concerning the position of the Council on the recast of Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (Text with EEA relevance)  
 
 
2017/0237 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to Article 294(6) of the Treaty on the Functioning of the European Union 

concerning the 

position of the Council on the recast of Regulation (EC) No 1371/2007 of the European 
Parliament and of the Council of 23 October 2007 on rail passengers’ rights and 
obligations 

(Text with EEA relevance) 

1. 

BACKGROUND 

Date of transmission of the proposal to the European Parliament and 
to the Council 
(document COM(2017) 548 final – 2017/0237 (COD): 

27/09/2017 

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

18/01/2018  

Date of the position of the European Parliament, first reading: 

15/11/ 2018 

Date of transmission of the amended proposal: 

Date of adoption of the position of the Council: 

N/A 

25/01/2021 

2. 

OBJECTIVE OF THE PROPOSAL FROM THE COMMISSION 

The  Commission  did  not  propose  a  full  revision  but  a  recast  of  the  Rail  Passenger  Rights 
RPR) Regulation with the aim to achieve a prompt adoption of the following essential parts: 

Exemptions: The legislative proposal sought (a) to advance the expiry of the exemptions for 
domestic services (under the currently applicable rules, they should end by 2024); and (b) that 
cross-border urban, suburban and regional services are always covered under the RPR rules. 

Through-tickets:  In  line  with  the  4th  railway  package,  which  leaves  it  to  Member  States  to 
decide whether they want to impose stricter rules on through-ticketing, and provides that the 
Commission  should  monitor  related  market  developments  until  2022,  the  recast  proposal 
focused only on increasing the passengers’ right  to information. Where passengers were not 
correctly  informed  that  they  purchased  only  separate  tickets,  these  tickets  should  be 
considered  as  a  through-ticket  allowing  for  comprehensive  protection  in  cases  of  travel 
disruption. 
Force Majeure clause: Before an ECJ ruling of 20131, stakeholders commonly understood that 
the Regulation contained a force majeure clause exempting carriers from compensation. After 
the  ruling,  railway  undertakings  felt  discriminated  against  as  compared  with  other  transport 

1 

Case C-509/11, ÖBB-Personenverkehr, §§ 38-42. 

EN 

1 

  EN 

 
 
 
                                                 
operators who benefit from force majeure exemptions. Therefore, the Commission proposed 
to  introduce  such  a  provision  with  a  narrow  scope,  which  would  cover  severe  weather 
conditions  and  major  natural  disasters.  The  legislative  proposal  aimed  to  ensure  a  level 
playing field, legal fairness, proportionality and consistency with other transport modes. 

Persons  with  disabilities  and  persons  with  reduced  mobility  (PRM):  In  line  with  the 
commitments undertaken under the United Nations Convention on the Rights of Persons with 
Disabilities (UNCRPD), the legislative proposal aimed to ensure that Member States can no 
longer exempt the provision of assistance and compensation for damaged mobility equipment. 
Information has to be provided in accessible formats in line with the requirements proposed in 
the  European  Accessibility  Act2.  Rail  staff  will  have  to  be  trained  accordingly.  This  would 
contribute to making rail traveling more inclusive. 

Given that the co-legislators did not follow the rules set for recast procedures and proposed a 
number  of  amendments  regarding  provisions  that  were  not  included  in  the  legislative 
proposal, the Commission’s initial aim to achieve a quick adoption of several main provisions 
did  no  longer  appear  to  be  realistic.  Therefore,  during  the  negotiations  the  Commission 
supported  the  co-legislators  in  finding  solutions,  which  could  incentivise  the  further 
development  of  rail  passenger  services,  including  the  ticketing  market.  The  Commission 
focused  its  efforts  in  particular  on  the  introduction  of  a  through-ticket  obligation,  the 
provision  of  real-time  information,  the  right  to  self-rerouting,  the  carriage  of  bicycles  on-
board  the  train,  the  reduction  of  PRM  pre-notification  times  and  clarifying  the  complaint-
handling mechanism. 

3. 

COMMENTS ON THE POSITION OF THE COUNCIL 

The  Council’s  position  at  first  reading,  adopted  on  25  January  2021,  supports  the  main 
objective of the Commission’s proposal, i.e. to ensure an overall improvement of passengers’ 
rights, whilst ensuring a proper balance between the passengers’ interests and those of the rail 
industry. The main improvements to the current legislative framework are the following: 

(1) 

Provision of real-time traffic and travel information 

The Council agrees with the EP and the Commission that infrastructure managers and railway 
undertakings  should  provide  real-time  traffic  and  travel  information  to  other  participants  in 
the rail services’ chain (i.e. to other rail companies, station managers, ticket vendors and tour 
operators). If it is technically not feasible for an infrastructure manager to distribute real-time 
data  to  any  entity,  then  the  respective  Member  State  could  apply  an  exemption,  for  a 
maximum  period  of  nine  years,  and  shall  re-assess  the  situation  every  two  years.  In  this 
regard, the Member State shall inform the Commission about the reasons for the exemption 
and the measures undertaken or envisaged in order to amend the situation. 

The  Commission  welcomes  the  introduction  of  this  provision.  It  would  allow  avoiding  any 
discrimination between passengers, who would now dispose of the same level of quality and 
real-time information, irrespective of whether they purchased the ticket directly from the rail 
carrier or from an intermediary company. Furthermore, the access to travel information and to 
the operation of reservation systems would allow ticket vendors and tour operators to develop 
more innovative ticketing products, which would boost the dynamic within the rail ticketing 
market. 

(2) 

Through-tickets 

“Sole  undertakings”  which  offer  international,  long-distance  domestic  and  regional  rail 

2 

Directive 2019/882 on the accessibility requirements for products and services. 

EN 

2 

  EN 

 
                                                 
services  shall  perform  these  services  as  a  “through-ticket”,  providing  for  an  increased 
passenger’s  protection  in  cases  of  travel  disruptions.  As  a  “sole  undertaking”  are  to  be 
understood not only single companies but also separate legal persons, which are inter-linked 
based on a 100% ownership criterion. 

The Commission regrets that, at this stage of the rail market development, it was not possible 
to  establish  that  the  “sole  undertaking”  should  be  defined  in  relation  to  the  ‘control  and 
decisive influence’ criterion. However, given that the compromise found already goes beyond 
what  was  contained  in  the  legislative  proposal  and  is  a  positive  further  step  in  ensuring 
passengers’ protection, the Commission welcomes the new obligation for “sole undertakings” 
to offer through-tickets for their rail services.  

(3) 

Tickets bundled at retailers’ own initiative 

Where ticket vendors or tour operators bundle tickets at their own initiative, and the passenger 
who purchased connecting rail services in a single commercial transaction was not informed 
that this is not a through-ticket, the retailer should be subject to an increased liability in cases 
of travel disruptions. 

This  provision  would  ensure  that  the  enhanced  offer  of  travel  options  would  translate  into 
realistic  connecting  services  for  passengers.  The  Commission  welcomes  the  possibility  for 
ticket vendors and tour operators not to be bound to only sell products, which are already on 
offer by railway undertakings. 

(4) 

Right to self-rerouting 

According to this new provision, if the railway undertaking does not offer a solution for re-
routing or journey continuation within 100 minutes as of the travel disruption, the passenger 
has  the  right  to  take  an  alternative  public  (rail  or  bus)  transport  and  be  reimbursed  by  the 
initial  carrier  for  the  necessary,  appropriate  and  reasonable  cost  incurred  for  the  alternative 
ticket. 

The  Commission  welcomes  this  rule,  as  it  would  provide  additional  incentives  for  railway 
undertakings  to  offer  timely  solutions,  so  that  the  passenger  can  reach  his  or  her  final 
destination. This provision may also lead to an increased cooperation amongst carriers. 

(5) 

PRM pre-notifications 

The  Commission  welcomes  the  rule  that  persons  with  disabilities  and  persons  with  reduced 
mobility would submit in the  future their requests for assistance within 24 hours, instead of 
the current 48 hours. If a Member State decides to apply, until 30 June 2026, pre-notifications 
within 36 hours, it should inform  the Commission, also  about  the reasons  and the measures 
taken in this regard.  

(6) 

Carriage of bicycles on board the train 

The Commission welcomes the rule that, as of 2025, procurement procedures for new rolling 
stock and major maintenance works for trains in circulation include requirements for reserved 
spaces  for  the  carriage  of  bicycles.  The  adequate  number  of  spaces  reserved  for  bicycles 
should  be  established  by  railway  undertakings  after  public  consultations.  These  should,  in 
principle, not be less than four spaces. Member States would have the possibility to request a 
higher  (than  four)  number  of  spaces  reserved  for  the  carriage  of  bicycles.  This  provision 
would  support  green  and  multimodal  travel  solutions.  It  is  in  particular  positive  that  the 
provision would be mandatory, even for exempted regional services. 

(7) 

Complaint-handling 

The  Commission  welcomes 

the  clarifications 

introduced 

to 

the  complaint-handling 

EN 

3 

  EN 

 
mechanism, including the provision on the cooperation between National Enforcement Bodies 
and  the  designation  of  a  “lead  body”  for  complex  cases.  Next  to  all  rail  carriers,  station 
managers  of  big  stations  should  now  also  establish  a  complaint-handling  mechanism.  The 
Commission  also  agrees  to  develop  an  EU-wide  compensation  and  reimbursement  form, 
which should be in an accessible format for PRM passengers. 

(8) 

Force Majeure clause 

The  Commission  proposed  a  “force  majeure”  clause  limited  to  extreme  weather  conditions 
and major natural disasters. However, the outbreak of Covid-19 has shown that also “major 
public health risks” should be regarded as extraordinary circumstances. The Commission can 
agree that other events (for example, terrorist attacks or law enforcement measures) could also 
relieve rail carriers from liability to pay compensation in cases of delays, missed connections 
and  cancellations.  The  proposed  “force  majeure”  clause  states  in  clear  terms  that  carriers 
would  only  be  relieved  from  the  payment  of  compensation  (whereas  other  passengers’ 
economic  rights  remain  unaffected).  In  view  of  a  number  of  court  cases  related  to  air 
passenger rights in “extraordinary circumstances”, the Commission welcomes the clarification 
that strikes by carrier’s staff or acts attributable to other railway undertaking using the same 
infrastructure,  as  well  as  to  station  and  infrastructure  managers,  cannot  be  considered  as 
“extraordinary circumstances”.  

(9) 

Exemptions and applicability 

The  Commission  regrets  that  the  new  rules  would  be  applicable  after  a  general  24-month 
transition period. The provision related to the procurement procedures, which should ensure 
dedicated spaces for the carriage of bicycles, would apply after a 48-month transition period. 
The Commission takes, however, note that according to rail industry, the transition period is 
needed in order to put in place preparatory measures related to the new rules. 

The Commission has reservations as regards the possibility to (a) prologue by five years the 
currently  applicable  exemptions  to  domestic  rail  services;  and  (b)  exempt  without  time 
limitation cross-border regional services, likewise cross-border urban and suburban services. 
However,  the  situation  created  by  exempting  such  services  would  be  mitigated  by  the 
following: 

- Exemptions to domestic long-distance services would be restricted: (i) only to those eleven 
Member  States,  which  currently  apply  such  exemptions;  (ii)  granted  for  a  period  not 
exceeding five years after the expiry of the currently applicable exemptions; and (iii) while all 
provisions  of  the  Regulation  will  remain  applicable,  only  five  provisions  (perceived  as 
financially most burdensome) could be exempted; 

-  Exemptions  to  urban,  suburban  and  regional  services:  the  legislative  proposal  sought  to 
ensure that cross-border rail services cannot be exempted. This could not be achieved but at 
least more provisions will now be mandatory, if Member States – in line with the subsidiarity 
principle -  would decide to exempt such services from the Regulation.  

With respect to regional services, the Commission appreciates the fact that further additional 
provisions have been included as mandatory. This regards all provisions laid down in Chapter 
V on PRM protection, and the right to bicycle carriage. Moreover, the important provisions on 
through-tickets  and  self-rerouting  are  also  amongst  the  mandatory  provisions,  although 
Member  States  would  have  the  possibility  to  postpone  that  mandatory  application  for  five 
years after the date of applicability of the new rules. 

As until now, Member States which decide to exempt urban, suburban and regional services 
from the Regulation could do so without time limitation. 

EN 

4 

  EN 

 
4. 

CONCLUSION 

The  Commission  considers  that  the  above-listed  new  rules  increase  the  overall  level  of  rail 
passengers’  protection  while  ensuring  an  appropriate  balance  with  the  needs  of  the  rail 
industry, in particular as regards the possibility to exempt railway undertakings from liability 
for  paying  compensation  in  cases  where  the  carrier  could  neither  prevent  nor  avoid  the 
consequences of “extraordinary circumstances”.  

In the spirit of compromise, the Commission can accept the solution found for the exemption 
of certain rail services from the rules of the Regulation and the envisaged transition periods. 
The  Commission  accepts  the  position  adopted  by  the  Council,  thus  allowing  the  European 
Parliament  to  adopt  the final  text  in  a  second  reading.  Indeed,  the  proposed  new  provisions 
would  result  in  an  improvement  compared  to  the  current  rail  passengers’  rights  framework. 
These  rules    are  also  expected  to  incentivise  a  new  dynamic  in  the  rail  ticketing  market,  in 
particular  by  allowing  that  new  and  more  innovative  tickets  are  bundled  and  offered  to 
passengers. Furthermore, the provisions may boost an increased carriers’ cooperation, also in 
the  light  of  the  new  passengers’  right  to  self-rerouting.  The  achieved  results  may  propose 
some useful solutions and be taken into consideration in the currently on-going evaluation of 
the legislative framework for passenger rights applicable to other transport modes. 

EN 

5 

  EN