amendment list, 25 March 2025
Passenger rights in the context of multimodal journeys
Document TRAN-AM-771952 · (COM(2023)0752 – C9-0435/2023 – 2023/0436(COD))
Committee on Transport and Tourism
Full text
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Text 1,207 paragraphs
Amendment 266
Andreas Schieder, Daniel Attard, Sérgio Gonçalves
Proposal for a regulation
Article 10 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. A carrier or intermediary which sells a combined multimodal ticket shall be liable to reimburse the total amount paid for that ticket and, moreover, to pay compensation equivalent to 75 % of that amount if the passenger misses one or more connections. The right to reimbursement or to compensation shall be without prejudice to applicable national law granting passengers further compensation for damage. | 1. A carrier or intermediary which sells a combined multimodal ticket shall be liable, if the passenger has not opted for rerouting in line with Article 7, to reimburse the total amount paid for that ticket and, moreover, to pay compensation equivalent to 75 % of that amount if the passenger misses one or more connections. The right to reimbursement or to compensation shall be without prejudice to applicable national law granting passengers further compensation for damage. |
Or. en
Amendment 267
Stanislav Stoyanov
Proposal for a regulation
Article 10 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. A carrier or intermediary which sells a combined multimodal ticket shall be liable to reimburse the total amount paid for that ticket and, moreover, to pay compensation equivalent to 75 % of that amount if the passenger misses one or more connections. The right to reimbursement or to compensation shall be without prejudice to applicable national law granting passengers further compensation for damage. | 1. A carrier or intermediary which sells a combined multimodal ticket shall be liable to reimburse the total amount paid for that ticket and, moreover, to pay compensation equivalent to 75 % of that amount if the passenger misses one or more connections objectively due to the carriers' fault. The right to reimbursement or to compensation shall be without prejudice to applicable national law granting passengers further compensation for damage. |
Or. en
Read the rest (1,195 paragraphs)
Amendment 268
Markus Ferber
Proposal for a regulation
Article 10 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1 a. In the case of paragraph 1 sentence 1 the passenger has the right to claim re-routing according to Article 7 paragraph 1 sentence 1 litera b) and assistance according to Article 9 paragraph 1 litera a). |
Or. en
Justification
Due to the far reaching exemption of liability set out in Article 10 paragraph 2 passengers who had bought a combinded multimodal ticket would in case of missed connections practically not receive any rights out of this Regulation. In order to increase the attractivity of multimodal journeys and to ensure the necessary assistance for passengers they should at least be entitled to claim re-routing to final destination and a minimum of assistance.
Amendment 269
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| The liability set out in paragraph 1 shall not apply if it is explicitly and clearly mentioned on the tickets, or on another document or electronically in such a manner that allows the passenger to reproduce the information for future reference, that the combined multimodal ticket consists of separate transport contracts with no right under this Regulation to reimbursement, re-routing, assistance or compensation in case of missed connections, and if the passenger was clearly informed of this prior to the purchase. The burden of proof that the passenger was provided with the information shall lie with the carrier or intermediary that sold the combined multimodal ticket. | deleted |
Or. en
Amendment 270
Kai Tegethoff
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| The liability set out in paragraph 1 shall not apply if it is explicitly and clearly mentioned on the tickets, or on another document or electronically in such a manner that allows the passenger to reproduce the information for future reference, that the combined multimodal ticket consists of separate transport contracts with no right under this Regulation to reimbursement, re-routing, assistance or compensation in case of missed connections, and if the passenger was clearly informed of this prior to the purchase. The burden of proof that the passenger was provided with the information shall lie with the carrier or intermediary that sold the combined multimodal ticket. | deleted |
Or. en
Amendment 271
Arash Saeidi
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| The liability set out in paragraph 1 shall not apply if it is explicitly and clearly mentioned on the tickets, or on another document or electronically in such a manner that allows the passenger to reproduce the information for future reference, that the combined multimodal ticket consists of separate transport contracts with no right under this Regulation to reimbursement, re-routing, assistance or compensation in case of missed connections, and if the passenger was clearly informed of this prior to the purchase. The burden of proof that the passenger was provided with the information shall lie with the carrier or intermediary that sold the combined multimodal ticket. | The liability set out in paragraph 1 shall not apply if it is explicitly and clearly mentioned on the tickets, or on another document or electronically in such a manner that allows the passenger to reproduce the information for future reference, that the combined multimodal ticket consists of separate transport contracts with no right under this Regulation to reimbursement, re-routing, assistance or compensation in case of missed connections, and if the passenger was clearly informed of this prior to the purchase. This obligation to inform the passenger clearly before purchase shall also apply to air transport tickets sold via intermediaries, where the resulting contract does not provide for full passenger protection in the event of missed connections. In the event of a failure to provide this information and if a travel disruption occurs, the intermediary shall reimburse the full ticket price and pay compensation equal to 75% of the amount paid. The burden of proof that the passenger was provided with the information shall lie with the carrier or intermediary that sold the combined multimodal ticket. |
Or. en
Justification
This amendment strengthens passengers' rights by ensuring they are properly informed when purchasing tickets that do not provide full protection. This is particularly important in the air sector, where many journeys are booked through intermediaries. Passengers should not suffer financial losses due to a lack of transparency. This provision is aligned with existing rail passenger rights and reflects the growing need for clear, accessible and fair pre-contractual information in the multimodal context.
Amendment 272
Julien Leonardelli
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| The liability set out in paragraph 1 shall not apply if it is explicitly and clearly mentioned on the tickets, or on another document or electronically in such a manner that allows the passenger to reproduce the information for future reference, that the combined multimodal ticket consists of separate transport contracts with no right under this Regulation to reimbursement, re-routing, assistance or compensation in case of missed connections, and if the passenger was clearly informed of this prior to the purchase. The burden of proof that the passenger was provided with the information shall lie with the carrier or intermediary that sold the combined multimodal ticket. | The liability set out in paragraph 1 shall not apply if it is explicitly and clearly mentioned on the tickets, or on another document or electronically in such a manner that allows the passenger to reproduce the information for future reference, that the combined multimodal ticket consists of separate transport contracts with no right under this Regulation to reimbursement, re-routing, assistance or compensation in case of missed connections, and if the passenger was clearly informed of this prior to the purchase. No matter how the information is provided to the passenger, it must always be accessible for persons with disabilities in accordance with Directive 2019/882. The burden of proof that the passenger was provided with the information shall lie with the carrier or intermediary that sold the combined multimodal ticket. |
Or. fr
Amendment 273
Markus Ferber
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| The liability set out in paragraph 1 shall not apply if it is explicitly and clearly mentioned on the tickets, or on another document or electronically in such a manner that allows the passenger to reproduce the information for future reference, that the combined multimodal ticket consists of separate transport contracts with no right under this Regulation to reimbursement, re-routing, assistance or compensation in case of missed connections, and if the passenger was clearly informed of this prior to the purchase. The burden of proof that the passenger was provided with the information shall lie with the carrier or intermediary that sold the combined multimodal ticket. | The liability set out in paragraph 1 shall not apply if it is explicitly and clearly mentioned on the tickets, or on another document or electronically in such a manner that allows the passenger to reproduce the information for future reference, that the combined multimodal ticket consists of separate transport contracts with no right under this Regulation to reimbursement or compensation in case of missed connections, and if the passenger was clearly informed of this prior to the purchase. The burden of proof that the passenger was provided with the information shall lie with the carrier or intermediary that sold the combined multimodal ticket. |
Or. en
Justification
The limitation of the exemption of liability and the deletion of the terms „re-routing“ and „assistance“ is a necessary consequence of the intruduction of a new paragraph 1a and the aim to ensure a minimum of assistance for the passengers.
Amendment 274
Kai Tegethoff
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| The burden of proof that the passenger was provided with the information shall lie with the carrier or intermediary which sold the combined multimodal ticket. | deleted |
Or. en
Amendment 275
Jan-Christoph Oetjen, Urmas Paet, Benoit Cassart, Marjan Šarec
Proposal for a regulation
Article 10 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. The right to compensation referred to in paragraph 1 shall not apply if the passenger misses one or more connections due to extraordinary and unavoidable circumstances, which are beyond the control of the carrier. |
Or. en
Amendment 276
Merja Kyllönen
Proposal for a regulation
Article 10 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The carriers or intermediaries which sold the combined multimodal ticket shall be responsible for handling requests and possible complaints of the passenger under paragraph 1. | 3. The right to compensation set out in paragraph 1 shall not apply if the passenger misses one or more connections due to extraordinary circumstances, which could not have been avoided even if all reasonable measures had been taken, fault of the passenger or actions of third parties which are beyond the control of the carrier and the consequences of which it was unable to prevent. |
Or. en
Justification
The industry believes it would be important to add a clause that carriers are also not obliged to pay compensation if missed connections were caused by extraordinary circumstances (e.g. bad weather conditions, closure of airspace or essential infrastructure, natural disasters or public health crises); fault on the part of the passenger (e.g. not presenting themselves for boarding on time); or the actions of third parties which are beyond the control of the carrier and the consequences of which it was unable to prevent (e.g. law enforcement activities or strikes by air traffic controllers or other external service providers). This would be consistent with the individual passenger rights regulations.
Amendment 277
Kosma Złotowski
Proposal for a regulation
Article 10 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The reimbursement and the compensation referred to in paragraph 1 shall be paid within 14 days after the receipt of the request. | 4. The reimbursement and the compensation referred to in paragraph 1 shall be paid within 30 days after the receipt of the request. |
Or. en
Justification
in accordance with Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations
Amendment 278
Flavio Tosi
Proposal for a regulation
Article 10 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The reimbursement and the compensation referred to in paragraph 1 shall be paid within 14 days after the receipt of the request. | 4. The reimbursement and the compensation referred to in paragraph 1 shall be paid within 30 days after the receipt of the request. |
Or. en
Amendment 279
Kai Tegethoff
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 10 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The reimbursement and the compensation referred to in paragraph 1 shall be paid within 14 days after the receipt of the request. | 4. The reimbursement and the compensation referred to in paragraph 1 shall be paid within 30 days after the receipt of the request. |
Or. en
Amendment 280
Kai Tegethoff
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 10 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 4 a. In the event that the contracting carrier or the intermediary does not comply with the obligation laid down in paragraph 4, it shall be subject to the penalties defined in article 25, paragraph 1b. |
Or. en
Amendment 281
Julien Leonardelli
Proposal for a regulation
Article 11 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission shall adopt an implementing act establishing a common form for compensation and reimbursement requests under this Regulation. That common form shall be established in accessible formats. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 26(2). | 1. The Commission shall adopt an implementing act establishing a common form for compensation and reimbursement requests under this Regulation. That common form shall be established in accessible formats in accordance with the accessibility requirements set out in Annex I of Directive 2019/882. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 26(2). |
Or. fr
Amendment 282
Elissavet Vozemberg-Vrionidi
Proposal for a regulation
Article 11 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission shall adopt an implementing act establishing a common form for compensation and reimbursement requests under this Regulation. That common form shall be established in accessible formats. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 26(2). | 1. The Commission shall adopt an implementing act establishing a common form for compensation and reimbursement requests under this Regulation. That common form shall be established in easily understandable and accessible formats, and shall be published in all official languages of the Union. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 26(2). |
Or. en
Amendment 283
Ondřej Kovařík
Proposal for a regulation
Article 11 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission shall adopt an implementing act establishing a common form for compensation and reimbursement requests under this Regulation. That common form shall be established in accessible formats. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 26(2). | 1. The Commission shall adopt an implementing act establishing a common form for compensation and reimbursement requests under this Regulation. That common form shall be established in accessible formats and shall be published in all official languages. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 26(2). |
Or. en
Amendment 284
Merja Kyllönen
Proposal for a regulation
Article 11 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Passenger shall have the right to submit their requests using the common form referred to in paragraph 1. Carriers and intermediaries shall not reject a request for reimbursement or compensation solely on the grounds that the passenger has not used that form. If a request is not sufficiently precise, the carriers and intermediaries shall ask the passenger to clarify the request and shall assist the passenger in doing so. | 2. Passenger shall have the right to submit their requests using the common form referred to in paragraph 1. The passenger shall submit the for to the carrier of or the intermediary who performed the booking of the ticket. The carriers or intermediary in charge of reimbursing the passenger - as per the procecure detailed in articles 7, 8 and 10 - shall not reject a request for reimbursement or compensation solely on the grounds that the passenger has not used that form. If a request is not sufficiently precise, the carriers or intermediaries in charge of reimbursing the customer shall ask the passenger to clarify the request and shall assist the passenger in doing so. |
Or. en
Amendment 285
Andreas Schieder, Daniel Attard, Sérgio Gonçalves
Proposal for a regulation
Article 11 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Passenger shall have the right to submit their requests using the common form referred to in paragraph 1. Carriers and intermediaries shall not reject a request for reimbursement or compensation solely on the grounds that the passenger has not used that form. If a request is not sufficiently precise, the carriers and intermediaries shall ask the passenger to clarify the request and shall assist the passenger in doing so. | 2. Passengers shall have the right to submit their requests for reimbursement or compensation using the common form referred to in paragraph 1, or by other electronic means implemented by carriers or intermediaries. Carriers and intermediaries shall not reject a request for reimbursement or compensation solely on the grounds that the passenger has not used that form. If a request is not sufficiently precise, the carriers and intermediaries shall ask the passenger to clarify or complete the request and shall duly motivate the additional information needed and assist the passenger in doing so. |
Or. en
Amendment 286
Ondřej Kovařík
Proposal for a regulation
Article 11 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Passenger shall have the right to submit their requests using the common form referred to in paragraph 1. Carriers and intermediaries shall not reject a request for reimbursement or compensation solely on the grounds that the passenger has not used that form. If a request is not sufficiently precise, the carriers and intermediaries shall ask the passenger to clarify the request and shall assist the passenger in doing so. | 2. Passenger shall have the right to submit their requests using the common form referred to in paragraph 1. The carrier or intermediaries in charge of the reimbursement of the passenger shall not reject a request for reimbursement or compensation solely on the grounds that the passenger has not used that form. If a request is not sufficiently precise, the carriers or intermediaries in charge of the reimbursement shall ask the passenger to clarify the request and shall assist the passenger in doing so. |
Or. en
Amendment 287
Matteo Ricci
Proposal for a regulation
Article 11 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Carriers and intermediaries shall provide details on their website such as an e-mail address to which requests under paragraph 1 may be sent by electronic means. That requirement shall not apply where other electronic means of communication allowing passengers to request reimbursement or compensation are available, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are also available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. | 3. Carriers and intermediaries shall provide details on their website such as an e-mail address to which requests under paragraph 1 may be sent by electronic means. |
Or. en
Amendment 288
Kai Tegethoff
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 11 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Carriers and intermediaries shall provide details on their website such as an e-mail address to which requests under paragraph 1 may be sent by electronic means. That requirement shall not apply where other electronic means of communication allowing passengers to request reimbursement or compensation are available, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are also available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. | 3. Carriers and intermediaries shall send to passengers the common form as soon as passengers are entitled to a refund or a compensation under this Regulation. Carriers and intermediaries shall provide details on their website such as an e-mail and geographical address to which requests under paragraph 2 may be sent by electronic or physical means. |
Or. en
Amendment 289
Andreas Schieder, Daniel Attard, Sérgio Gonçalves
Proposal for a regulation
Article 11 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Carriers and intermediaries shall provide details on their website such as an e-mail address to which requests under paragraph 1 may be sent by electronic means. That requirement shall not apply where other electronic means of communication allowing passengers to request reimbursement or compensation are available, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are also available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. | 3. Carriers and intermediaries shall send to passengers the common form, and where applicable other electronic means implemented, as soon as passengers are entitled to a refund or a compensation under this Regulation. Carriers and intermediaries shall provide passengers, together with the common form, an e-mail address, to which requests under paragraph 1 and other claims arising from the multimodal contract may be sent. |
Or. en
Amendment 290
Kosma Złotowski
Proposal for a regulation
Article 11 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Carriers and intermediaries shall provide details on their website such as an e-mail address to which requests under paragraph 1 may be sent by electronic means. That requirement shall not apply where other electronic means of communication allowing passengers to request reimbursement or compensation are available, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are also available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. | 3. Carriers and intermediaries shall send to the passenger via electronic mean such as e-mail the common form as soon as the passenger is entitled to the compansation or refund under this Regulation. Carriers and intermediaries shall provide details on their website such as an e-mail address to which requests under paragraph 1 may be sent by electronic means. That requirements shall apply also when other electronic means of communication allowing passengers to request reimbursement or compensation are available, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are also available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. |
Or. en
Amendment 291
Nikolina Brnjac
Proposal for a regulation
Article 11 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Carriers and intermediaries shall provide details on their website such as an e-mail address to which requests under paragraph 1 may be sent by electronic means. That requirement shall not apply where other electronic means of communication allowing passengers to request reimbursement or compensation are available, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are also available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. | 3. Carriers and intermediaries shall send to passengers the common form as soon as passengers are entitled to a refund or a compensation under this Regulation. Carriers and intermediaries shall provide passengers together with the common form an e-mail address to which requests under paragraph 1 and other claims arising from the multimodal contract may be sent. may be sent by electronic means. Passengers shall not be prevented from providing information in any of the languages of the Union. |
Or. en
Amendment 292
Daniel Attard
Proposal for a regulation
Article 11 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Carriers and intermediaries shall provide details on their website such as an e-mail address to which requests under paragraph 1 may be sent by electronic means. That requirement shall not apply where other electronic means of communication allowing passengers to request reimbursement or compensation are available, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are also available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. | 3. Carriers and intermediaries shall provide details on their website such as an e-mail address to which requests under paragraph 1 may be sent by electronic means. That requirement shall not apply where other electronic means of communication allowing passengers to request reimbursement or compensation are available, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are also available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union which is the working language in accordance with Article 18(1) or the national language in the country of departure or destination of the concerned transport service. |
Or. en
Justification
Allowing passengers to submit information in any of the languages of the Union can pose challenges, especially for small and medium-sized enterprises, if the chosen language is not widely understood or spoken.
Amendment 293
Julien Leonardelli
Proposal for a regulation
Article 11 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Carriers and intermediaries shall provide details on their website such as an e-mail address to which requests under paragraph 1 may be sent by electronic means. That requirement shall not apply where other electronic means of communication allowing passengers to request reimbursement or compensation are available, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are also available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. | 3. Carriers and intermediaries shall provide details on their website such as an e-mail address to which requests under paragraph 1 may be sent by electronic means. That requirement shall not apply where other electronic means of communication allowing passengers to request reimbursement or compensation are available, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are also available in an official language of the Union and in the language internationally accepted in this field. Such means of communication shall be accessible in accordance with Directive 2019/882. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. |
Or. fr
Amendment 294
Jan-Christoph Oetjen, Urmas Paet, Benoit Cassart, Marjan Šarec
Proposal for a regulation
Article 11 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Carriers and intermediaries shall provide details on their website such as an e-mail address to which requests under paragraph 1 may be sent by electronic means. That requirement shall not apply where other electronic means of communication allowing passengers to request reimbursement or compensation are available, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are also available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. | 3. Carriers and intermediaries shall provide details on their website such as an postal and e-mail address to which requests under paragraph 1 may be sent by electronic means. That requirement shall not apply where other electronic means of communication allowing passengers to request reimbursement or compensation are available, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are also available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in at least in the language of the booking and in the language internationally accepted in this field. |
Or. en
Justification
A postal address facilitates enforcement and thus lowers the hurdle for the consumer to actually pursue the existing claims. Requiring carriers and intermediaries to accept information in all EU languages would create an excessive burden and lead to potential misunderstandings. Claims and information should instead be provided in the booking language or a widely accepted international language.
Amendment 295
Ondřej Kovařík
Proposal for a regulation
Article 11 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Carriers and intermediaries shall provide details on their website such as an e-mail address to which requests under paragraph 1 may be sent by electronic means. That requirement shall not apply where other electronic means of communication allowing passengers to request reimbursement or compensation are available, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are also available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. | 3. Carriers and intermediaries shall provide details on their website such as an e-mail address to which requests under paragraph 1 may be sent by electronic means. That requirement shall not apply where other electronic means of communication allowing passengers to request reimbursement or compensation are available, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are also available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in at least the language of the booking and in the language internationally accepted in this field. |
Or. en
Amendment 296
Andreas Schieder, Daniel Attard, Sérgio Gonçalves
Proposal for a regulation
Article 11 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. Additional electronic means of communication allowing passengers to request reimbursement or compensation, as referred to in Art. 11.2, can be implemented by carriers and intermediaries, such as a form on a website or mobile applications. Where such electronic means of communication exist, they shall offer the same choices and information set out in the common form and be provided in an accessible format. This information shall be available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. |
Or. en
Amendment 297
Kai Tegethoff
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 11 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. Other electronic means of communication allowing passengers to request reimbursement or compensation are canmay be offered, available, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are also available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union. |
Or. en
Amendment 298
Kosma Złotowski
Proposal for a regulation
Article 11 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. Carriers and intermediaries shall provide passengers with an acknowledgment of receipt of such form. Passengers shall also be provided with a full copy of the communication sent to the carriers and the intermediaries, notably with the date and key information allowing consumers to assert their rights under this Regulation. |
Or. en
Amendment 299
Andreas Schieder, Daniel Attard, Sérgio Gonçalves
Proposal for a regulation
Article 11 – paragraph 3 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3 b. Carriers and intermediaries shall provide passengers with an acknowledgment of receipt, irrelevant the means of communication used to request reimbursement, compensation or any other claims arising from the contract of carriage. Passengers shall also be provided with a full copy of the communication sent to the carriers and the intermediaries, notably with the date and key information allowing consumers to assert their rights under this Regulation. |
Or. en
Amendment 300
Kai Tegethoff
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 11 – paragraph 3 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3 b. Carriers and intermediaries shall provide passengers with an acknowledgment of receipt, irrelevant of the means of communication used to introduce a complaint, a request for reimbursement, compensation or any other claims. |
Or. en
Amendment 301
Kosma Złotowski
Proposal for a regulation
Article 11 – paragraph 3 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3 b. Carriers and intermediaries which are SMEs shall be exempted from the provisions laid down in Paragraph 3. |
Or. en
Amendment 302
Laurent Castillo
Proposal for a regulation
Article 12 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Carriers offering single multimodal contracts and multimodal hub managers shall establish non-discriminatory access rules for the transport of persons with disabilities, and the transport of persons with reduced mobility. Those rules shall comply with the relevant provisions on the limitation of transport of persons with disabilities and persons with reduced mobility in the Union law on passenger rights. | 1. Carriers offering single multimodal contracts shall establish non-discriminatory access rules for the transport of persons with disabilities, and the transport of persons with reduced mobility. Those rules shall comply with the relevant provisions on the limitation of transport of persons with disabilities and persons with reduced mobility in the Union law on passenger rights. |
Or. fr
Amendment 303
Merja Kyllönen
Proposal for a regulation
Article 12 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Reservations and tickets for multimodal journeys, whether in the form of a single multimodal contract, a combined multimodal ticket or separate multimodal tickets, shall be offered to persons with disabilities and persons with reduced mobility at no additional cost. A carrier or intermediary may not refuse to accept a reservation from, or to issue a ticket to, a person with disabilities or a person with reduced mobility or require that such person be accompanied by another person, unless this is strictly necessary in order to comply with the access rules referred to in paragraph 1. | 2. Reservations and tickets for multimodal journeys, whether in the form of a single multimodal contract, or a combined multimodal ticket, shall be offered to persons with disabilities and persons with reduced mobility at no additional cost. A carrier or intermediary may not refuse to accept a reservation from, or to issue a ticket to, a person with disabilities or a person with reduced mobility or require that such person be accompanied by another person, unless this is strictly necessary in order to comply with the access rules referred to in paragraph 1 or to meet applicable safety requirements established by international standards and European law or in order to meet safety requirements established by the competent authorities. |
Or. en
Amendment 304
Jan-Christoph Oetjen, Urmas Paet, Benoit Cassart, Marjan Šarec
Proposal for a regulation
Article 12 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Reservations and tickets for multimodal journeys, whether in the form of a single multimodal contract, a combined multimodal ticket or separate multimodal tickets, shall be offered to persons with disabilities and persons with reduced mobility at no additional cost. A carrier or intermediary may not refuse to accept a reservation from, or to issue a ticket to, a person with disabilities or a person with reduced mobility or require that such person be accompanied by another person, unless this is strictly necessary in order to comply with the access rules referred to in paragraph 1. | 2. Reservations and tickets for multimodal journeys, whether in the form of a single multimodal contract, a combined multimodal ticket or separate multimodal tickets, shall be offered to persons with disabilities and persons with reduced mobility at no additional cost. A carrier or intermediary may not refuse to accept a reservation from, or to issue a ticket to, a person with disabilities or a person with reduced mobility or require that such person be accompanied by another person, unless this is strictly necessary in order to comply with the access rules referred to in paragraph 1 or to meet applicable safety requirements. |
Or. en
Justification
According to Art. 4 (1) of Regulation (EC) No. 1107/2006 (PRM Regulation), airlines may not refuse transportation to PRMs based on their disability or reduced mobility unless required for safety reasons. This amendment is linked to the amendment to the recital on EASA.
Amendment 305
Laurent Castillo
Proposal for a regulation
Article 12 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Reservations and tickets for multimodal journeys, whether in the form of a single multimodal contract, a combined multimodal ticket or separate multimodal tickets, shall be offered to persons with disabilities and persons with reduced mobility at no additional cost. A carrier or intermediary may not refuse to accept a reservation from, or to issue a ticket to, a person with disabilities or a person with reduced mobility or require that such person be accompanied by another person, unless this is strictly necessary in order to comply with the access rules referred to in paragraph 1. | 2. Reservations and tickets for multimodal journeys, whether in the form of a single multimodal contract or a combined multimodal ticket, shall be offered to persons with disabilities and persons with reduced mobility at no additional cost. A carrier or intermediary may not refuse to accept a reservation from, or to issue a ticket to, a person with disabilities or a person with reduced mobility or require that such person be accompanied by another person, unless this is strictly necessary in order to comply with the access rules referred to in paragraph 1. |
Or. fr
Amendment 306
Merja Kyllönen
Proposal for a regulation
Article 12 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The access rules referred to in paragraph 1 shall be established with the active involvement of representative organisations for persons with disabilities and persons with reduced mobility and, where relevant, representatives of persons with disabilities and persons with reduced mobility. | 3. The access rules referred to in paragraph 1 shall be established through a collaborative process between representative organisations for persons with disabilities and persons with reduced mobility and, where relevant, representatives of persons with disabilities and persons with reduced mobility and airlines representative organisations. |
Or. en
Amendment 307
Julien Leonardelli
Proposal for a regulation
Article 12 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Carriers offering single multimodal contracts and multimodal hub managers shall publish the access rules referred to in paragraph 1 and provide them, upon request, in accessible format. | 4. Carriers offering single multimodal contracts and multimodal hub managers shall publish the access rules referred to in paragraph 1 and provide them in accessible format in accordance with the provisions of Directive 2019/882. |
Or. fr
Amendment 308
Elissavet Vozemberg-Vrionidi
Proposal for a regulation
Article 12 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Carriers offering single multimodal contracts and multimodal hub managers shall publish the access rules referred to in paragraph 1 and provide them, upon request, in accessible format. | 4. Carriers offering single multimodal contracts and multimodal hub managers shall publish the access rules referred to in paragraph 1 and provide them, upon request, in an easily understandable and accessible format. |
Or. en
Amendment 309
Laurent Castillo
Proposal for a regulation
Article 12 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Carriers offering single multimodal contracts and multimodal hub managers shall publish the access rules referred to in paragraph 1 and provide them, upon request, in accessible format. | 4. Carriers offering single multimodal contracts shall publish the access rules referred to in paragraph 1 and provide them, upon request, in accessible format. |
Or. fr
Amendment 310
Jan-Christoph Oetjen, Urmas Paet, Benoit Cassart, Marjan Šarec
Proposal for a regulation
Article 12 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Where a carrier requires that a disabled person or person with reduced mobility be accompanied by another person who is capable of providing the assistance required in accordance with paragraph 2, the accompanying person shall be entitled to travel free of charge and to be seated, where practicable, next to the person with disabilities or to the person with reduced mobility. | 5. Where a carrier requires that a disabled person or person with reduced mobility be accompanied by another person who is capable of providing the assistance required in accordance with paragraph 2, the accompanying person shall be entitled to travel free of charge and to be seated, where practicable, next to the person with disabilities or to the person with reduced mobility, if it is necessary for security reasons for that person to be accompanied during the journey. |
Or. en
Justification
Based on security considerations, the airline shall decide who needs to be accompanied during the flight. EASA shall develop a common interpretation of security reasons. This amendment is linked to the recital on EASA.
Amendment 311
Ondřej Kovařík
Proposal for a regulation
Article 12 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Where a carrier requires that a disabled person or person with reduced mobility be accompanied by another person who is capable of providing the assistance required in accordance with paragraph 2, the accompanying person shall be entitled to travel free of charge and to be seated, where practicable, next to the person with disabilities or to the person with reduced mobility. | 5. Where a carrier requires that a person with disabilities or a person with reduced mobility be accompanied by another person who is capable of providing the assistance required in accordance with paragraph 2, the accompanying person shall be entitled to travel free of charge and to be seated, where practicable, next to the person with disabilities or to the person with reduced mobility. |
Or. en
Amendment 312
Elissavet Vozemberg-Vrionidi
Proposal for a regulation
Article 12 – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. When a carrier or intermediary makes use of the derogation provided for in Article 12 (2), it shall, upon request, inform in writing or, where necessary, in any accessible format the person with disabilities or person with reduced mobility concerned of the reasons for making use of that derogation within five working days of the refusal to accept the reservation or to issue the ticket or of the imposition of the condition of being accompanied. The carrier or intermediary shall make reasonable efforts to propose acceptable alternative transport to the person in question taking into account his or her accessibility needs. | 6. When a carrier or intermediary makes use of the derogation provided for in Article 12 (2), it shall, upon request, inform in writing or, where necessary, in an accessible and easily understandable format the person with disabilities or person with reduced mobility concerned of the reasons for making use of that derogation within five working days of the refusal to accept the reservation or to issue the ticket or of the imposition of the condition of being accompanied. The carrier or intermediary shall make all reasonable efforts to propose acceptable alternative transport to the person in question, and his or her accompanying person, taking into account his or her accessibility needs. |
Or. en
Amendment 313
Kai Tegethoff
on behalf of the Greens/EFA Group
Tilly Metz
Proposal for a regulation
Article 12 – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. When a carrier or intermediary makes use of the derogation provided for in Article 12 (2), it shall, upon request, inform in writing or, where necessary, in any accessible format the person with disabilities or person with reduced mobility concerned of the reasons for making use of that derogation within five working days of the refusal to accept the reservation or to issue the ticket or of the imposition of the condition of being accompanied. The carrier or intermediary shall make reasonable efforts to propose acceptable alternative transport to the person in question taking into account his or her accessibility needs. | 6. When a carrier or intermediary makes use of the derogation provided for in Article 12 (2), it shall inform in writing or, where necessary, in any accessible format the person with disabilities or person with reduced mobility concerned of the reasons for making use of that derogation within five working days of the refusal to accept the reservation or to issue the ticket or of the imposition of the condition of being accompanied. The carrier or intermediary shall make all possible efforts to propose acceptable alternative transport to the person in question and his or her accompanying person, taking into account his or her accessibility needs. |
Or. en
Amendment 314
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 12 – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. When a carrier or intermediary makes use of the derogation provided for in Article 12 (2), it shall, upon request, inform in writing or, where necessary, in any accessible format the person with disabilities or person with reduced mobility concerned of the reasons for making use of that derogation within five working days of the refusal to accept the reservation or to issue the ticket or of the imposition of the condition of being accompanied. The carrier or intermediary shall make reasonable efforts to propose acceptable alternative transport to the person in question taking into account his or her accessibility needs. | 6. When a carrier or intermediary makes use of the derogation provided for in Article 12 (2), it shall, upon request, inform in writing or, where necessary, in any accessible format the person with disabilities or person with reduced mobility concerned of the reasons for making use of that derogation within five working days of the refusal to accept the reservation or to issue the ticket or of the imposition of the condition of being accompanied. The carrier or intermediary shall propose acceptable alternative transport to the person in question and the accompanying person taking into account his or her accessibility needs. |
Or. en
Amendment 315
Merja Kyllönen
Proposal for a regulation
Article 12 – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. When a carrier or intermediary makes use of the derogation provided for in Article 12 (2), it shall, upon request, inform in writing or, where necessary, in any accessible format the person with disabilities or person with reduced mobility concerned of the reasons for making use of that derogation within five working days of the refusal to accept the reservation or to issue the ticket or of the imposition of the condition of being accompanied. The carrier or intermediary shall make reasonable efforts to propose acceptable alternative transport to the person in question taking into account his or her accessibility needs. | 6. When a carrier or intermediary makes use of the derogation provided for in Article 12 (2), it shall, upon request, inform in writing or, where necessary, in any accessible format the person with disabilities or person with reduced mobility concerned of the reasons for making use of that derogation within 10 working days of the refusal to accept the reservation or to issue the ticket or of the imposition of the condition of being accompanied. The carrier or intermediary shall make reasonable efforts to propose acceptable alternative transport to the person in question taking into account his or her accessibility needs. |
Or. en
Amendment 316
Julien Leonardelli
Proposal for a regulation
Article 12 – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. When a carrier or intermediary makes use of the derogation provided for in Article 12 (2), it shall, upon request, inform in writing or, where necessary, in any accessible format the person with disabilities or person with reduced mobility concerned of the reasons for making use of that derogation within five working days of the refusal to accept the reservation or to issue the ticket or of the imposition of the condition of being accompanied. The carrier or intermediary shall make reasonable efforts to propose acceptable alternative transport to the person in question taking into account his or her accessibility needs. | 6. When a carrier or intermediary makes use of the derogation provided for in Article 12 (2), it shall, upon request, inform in writing or, where necessary, in any accessible format the person with disabilities or person with reduced mobility concerned of the reasons for making use of that derogation within five working days of the refusal to accept the reservation or to issue the ticket or of the imposition of the condition of being accompanied. The carrier or intermediary shall propose acceptable alternative transport to the person in question taking into account his or her accessibility needs and, if applicable, to the accompanying person. |
Or. fr
Amendment 317
Jan-Christoph Oetjen, Urmas Paet, Benoit Cassart, Marjan Šarec
Proposal for a regulation
Article 12 – paragraph 6 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 6 a. Carriers offering multimodal tickets and multimodal hub managers shall establish service quality standards covering at least the items listed in Annex II. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national enforcement body or bodies on request. | |
| Carriers and intermediaries which are SMEs shall be exempted from providing the service quality standards. |
Or. en
Justification
The service quality standards should not be subject to a reporting obligation, but to a duty to provide information. Otherwise, the administrative burden for companies will be disproportionate to the added value created. This amendment is related to the deletion of Art. 17. Many SMEs, such as small, local bus companies, do not even have a website where they could provide such information.
Amendment 318
Laurent Castillo
Proposal for a regulation
Article 13 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Carriers and intermediaries offering transport contracts on behalf of one or more carriers, and multimodal hub managers, shall provide persons with disabilities and persons with reduced mobility with information on the accessibility of the multimodal hub and associated facilities and of services. This information shall be provided upon request in accessible format. | Carriers and intermediaries offering transport contracts on behalf of one or more carriers, and multimodal hub managers, shall provide persons with disabilities and persons with reduced mobility with information on the accessibility of the multimodal hub and associated facilities, the earliest time that the assistance services should arrive at the pick-up point, the estimated minimum connection time between legs depending on the modes of transport and the accessibility of services. This information shall be provided upon request in accessible format. |
Or. fr
Amendment 319
Merja Kyllönen
Proposal for a regulation
Article 13 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Carriers and intermediaries offering transport contracts on behalf of one or more carriers, and multimodal hub managers, shall provide persons with disabilities and persons with reduced mobility with information on the accessibility of the multimodal hub and associated facilities and of services. This information shall be provided upon request in accessible format. | Carriers and intermediaries offering transport contracts on behalf of one or more carriers, and multimodal hub managers, shall provide persons with disabilities and persons with reduced mobility with information on the accessibility of the multimodal hub and associated facilities and of services. This information shall be provided in accessible format in accordance with the provisions of Directive (EU) 2019/882. |
Or. en
Amendment 320
Julien Leonardelli
Proposal for a regulation
Article 13 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Carriers and intermediaries offering transport contracts on behalf of one or more carriers, and multimodal hub managers, shall provide persons with disabilities and persons with reduced mobility with information on the accessibility of the multimodal hub and associated facilities and of services. This information shall be provided upon request in accessible format. | Carriers and intermediaries offering transport contracts on behalf of one or more carriers, and multimodal hub managers, shall provide persons with disabilities and persons with reduced mobility with information on the accessibility of the multimodal hub and associated facilities and of services. This information shall be provided in accessible format in accordance with the provisions of Directive 2019/882. |
Or. fr
Amendment 321
Elissavet Vozemberg-Vrionidi
Proposal for a regulation
Article 13 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Carriers and intermediaries offering transport contracts on behalf of one or more carriers, and multimodal hub managers, shall provide persons with disabilities and persons with reduced mobility with information on the accessibility of the multimodal hub and associated facilities and of services. This information shall be provided upon request in accessible format. | Carriers and intermediaries offering transport contracts on behalf of one or more carriers, and multimodal hub managers, shall provide persons with disabilities and persons with reduced mobility with information on the accessibility of the multimodal hub and associated facilities, and of services. This information shall be provided upon request in an accessible and easily understandable format. |
Or. en
Amendment 322
Laurent Castillo
Proposal for a regulation
Article 13 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Carriers and intermediaries offering transport contracts on behalf of one or more carriers, and multimodal hub managers, shall provide persons with disabilities and persons with reduced mobility with information on the accessibility of the multimodal hub and associated facilities and of services. This information shall be provided upon request in accessible format. | Carriers and intermediaries offering transport contracts on behalf of one or more carriers shall provide persons with disabilities and persons with reduced mobility with information on the accessibility of the multimodal hub and associated facilities and of services. This information shall be provided upon request in accessible format. |
Or. fr
Amendment 323
Kai Tegethoff
on behalf of the Greens/EFA Group
Tilly Metz
Proposal for a regulation
Article 13 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Carriers and intermediaries offering transport contracts on behalf of one or more carriers, and multimodal hub managers, shall provide persons with disabilities and persons with reduced mobility with information on the accessibility of the multimodal hub and associated facilities and of services. This information shall be provided upon request in accessible format. | Carriers and intermediaries offering transport contracts on behalf of one or more carriers, and multimodal hub managers, shall provide persons with disabilities and persons with reduced mobility with information on the accessibility of the multimodal hub and associated facilities and of services. This information shall be provided in accessible format. |
Or. en
Amendment 324
Tilly Metz
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| In the context of single multimodal contracts, carriers, terminal managers and intermediaries shall cooperate to provide assistance free of charge to persons with disabilities and persons with reduced mobility, in accordance with the access rules referred to in Article 12(1), and offer a single notification mechanism, in accordance with the following: | In the context of single multimodal contracts and combined multimodal tickets, carriers, terminal managers and intermediaries shall cooperate to provide assistance free of charge to persons with disabilities and persons with reduced mobility, in accordance with the access rules referred to in Article 12(1) without prenotification. |
| If the passenger requests assistance, carriers and terminal managers shall provide assistance in such a way that the person is able to take the transport services for which he or she holds a reservation as part of the single or combined multimodal contract. | |
| If the passenger wishes to prenotify assistance, carriers, terminal managers and intermediaries shall cooperate to offer a single notification mechanism, in accordance with the following: |
Or. en
Justification
Persons with disabilities and persons with reduced mobility have the same rights as all other citizens to free movement and to non-discrimination, which is a binding provision of the UNCRPD. Therefore, the pre-notification period should be removed and prenotification should be made voluntary.
Amendment 325
Merja Kyllönen
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| In the context of single multimodal contracts, carriers, terminal managers and intermediaries shall cooperate to provide assistance free of charge to persons with disabilities and persons with reduced mobility, in accordance with the access rules referred to in Article 12(1), and offer a single notification mechanism, in accordance with the following: | In the context of single multimodal contracts, and provided that the notification of the person's particular needs for such assistance has been made to the air carrier, or its agent or the tour operated concerned at the time of the booking or at least to 96 hours before the published time of departure of the multimodal travel, carriers, terminal managers and intermediaries shall cooperate to provide assistance free of charge to persons with disabilities and persons with reduced mobility, in accordance with the access rules referred to in Article 12(1), and offer a single notification mechanism, in accordance with the following: |
Or. en
Amendment 326
Julien Leonardelli
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| In the context of single multimodal contracts, carriers, terminal managers and intermediaries shall cooperate to provide assistance free of charge to persons with disabilities and persons with reduced mobility, in accordance with the access rules referred to in Article 12(1), and offer a single notification mechanism, in accordance with the following: | In the context of single multimodal contracts and combined multimodal tickets, carriers, terminal managers and intermediaries shall cooperate to provide assistance free of charge to persons with disabilities and persons with reduced mobility, in accordance with the access rules referred to in Article 12(1), and offer a single notification mechanism, in accordance with the following: |
Or. fr
Amendment 327
Kai Tegethoff
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| In the context of single multimodal contracts, carriers, terminal managers and intermediaries shall cooperate to provide assistance free of charge to persons with disabilities and persons with reduced mobility, in accordance with the access rules referred to in Article 12(1), and offer a single notification mechanism, in accordance with the following: | In the context of single multimodal contracts and combined multimodal tickets, carriers, terminal managers and intermediaries shall cooperate to provide assistance free of charge to persons with disabilities and persons with reduced mobility, in accordance with the access rules referred to in Article 12(1), and offer a single notification mechanism, in accordance with the following: |
Or. en
Amendment 328
Elissavet Vozemberg-Vrionidi
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| In the context of single multimodal contracts, carriers, terminal managers and intermediaries shall cooperate to provide assistance free of charge to persons with disabilities and persons with reduced mobility, in accordance with the access rules referred to in Article 12(1), and offer a single notification mechanism, in accordance with the following: | In the context of single and combined multimodal contracts, carriers, terminal managers and intermediaries shall cooperate to provide assistance free of charge to persons with disabilities and persons with reduced mobility, in accordance with the access rules referred to in Article 12(1), and offer a single notification mechanism, in accordance with the following: |
Or. en
Amendment 329
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| In the context of single multimodal contracts, carriers, terminal managers and intermediaries shall cooperate to provide assistance free of charge to persons with disabilities and persons with reduced mobility, in accordance with the access rules referred to in Article 12(1), and offer a single notification mechanism, in accordance with the following: | In the context of single and combined multimodal contracts, carriers, terminal managers and intermediaries shall cooperate to provide assistance free of charge to persons with disabilities and persons with reduced mobility, in accordance with the access rules referred to in Article 12(1), and offer a single notification mechanism, in accordance with the following: |
Or. en
Amendment 330
Tilly Metz
Proposal for a regulation
Article 14 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) assistance shall be provided where the carrier, the intermediary with which the single multimodal contract was purchased, the terminal manager or the Single Point of Contact referred to in Article 15, where applicable, is notified of the passenger’s need for such assistance at least 48 hours before the assistance is needed; a single notification per journey shall be required; the notification shall be forwarded to all carriers, terminal managers and Single Points of Contact involved in the journey; | deleted |
Or. en
Justification
Persons with disabilities and persons with reduced mobility have the same rights as all other citizens to free movement and to non-discrimination, which is a binding provision of the UNCRPD. Therefore, the pre-notification period should be removed and prenotification should be made voluntary.
Amendment 331
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 14 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) assistance shall be provided where the carrier, the intermediary with which the single multimodal contract was purchased, the terminal manager or the Single Point of Contact referred to in Article 15, where applicable, is notified of the passenger’s need for such assistance at least 48 hours before the assistance is needed; a single notification per journey shall be required; the notification shall be forwarded to all carriers, terminal managers and Single Points of Contact involved in the journey; | (a) assistance shall be provided where the carrier, the intermediary with which the single multimodal contract was purchased, the terminal manager or the Single Point of Contact referred to in Article 15, where applicable, is notified of the passenger’s need; The possibility to request assistance through the single notification mechanism shall be presented at the time of booking single or combined multimodal tickets; a single notification per journey shall be required; the notification shall be forwarded to all carriers, terminal managers and Single Points of Contact involved in the journey |
Or. en
Amendment 332
Jan-Christoph Oetjen, Urmas Paet, Benoit Cassart, Marjan Šarec
Proposal for a regulation
Article 14 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) assistance shall be provided where the carrier, the intermediary with which the single multimodal contract was purchased, the terminal manager or the Single Point of Contact referred to in Article 15, where applicable, is notified of the passenger’s need for such assistance at least 48 hours before the assistance is needed; a single notification per journey shall be required; the notification shall be forwarded to all carriers, terminal managers and Single Points of Contact involved in the journey; | (a) assistance shall be provided where the carrier, the intermediary with which the single multimodal contract was purchased, the terminal manager or the Single Point of Contact referred to in Article 15, where applicable, is notified of the passenger’s need for such assistance preferably at the time of the booking or at least 72 hours before the assistance is needed; a single notification per journey shall be required; the notification shall be forwarded to all carriers, terminal managers and Single Points of Contact involved in the journey; |
Or. en
Justification
Earlier notification, ideally at booking, improves service delivery. Most complaints stem from delays or lack of wheelchair assistance at major airports, highlighting the need for early cooperation between airlines, airports, and service providers, especially during peak seasons. Therefore Regulation (EC) No 1107/2006, Article 7(1), which ensures assistance if a PRM's needs are communicated at least 48 hours before departure, is amended accordingly in the enforcement file.
Amendment 333
Merja Kyllönen
Proposal for a regulation
Article 14 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) assistance shall be provided where the carrier, the intermediary with which the single multimodal contract was purchased, the terminal manager or the Single Point of Contact referred to in Article 15, where applicable, is notified of the passenger’s need for such assistance at least 48 hours before the assistance is needed; a single notification per journey shall be required; the notification shall be forwarded to all carriers, terminal managers and Single Points of Contact involved in the journey; | (a) assistance shall be provided where the carrier, the intermediary with which the single multimodal contract was purchased, the terminal manager or the Single Point of Contact referred to in Article 15, where applicable, is notified of the passenger’s need for such assistance at the time of booking or at least 96 hours before the assistance ; a single notification per journey shall be required; the notification shall be forwarded to all carriers, terminal managers and Single Points of Contact involved in the journey; |
Or. en
Amendment 334
Kai Tegethoff
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 14 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) assistance shall be provided where the carrier, the intermediary with which the single multimodal contract was purchased, the terminal manager or the Single Point of Contact referred to in Article 15, where applicable, is notified of the passenger’s need for such assistance at least 48 hours before the assistance is needed; a single notification per journey shall be required; the notification shall be forwarded to all carriers, terminal managers and Single Points of Contact involved in the journey; | (a) assistance shall be provided where the carrier, the intermediary with which the single multimodal contract was purchased, the terminal manager or the Single Point of Contact referred to in Article 15, where applicable, is notified of the passenger’s need for such assistance at least 24 hours before the assistance is needed; a single notification per journey shall be required; the notification shall be forwarded to all carriers, terminal managers and Single Points of Contact involved in the journey; |
Or. en
Amendment 335
Kai Tegethoff
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 14 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) if the notification is made in accordance with point (a), carriers and terminal managers shall provide assistance in such a way that the person is able to take the transport services for which he or she holds a reservation as part of the single multimodal contract; | (d) if the notification is made in accordance with point (a), carriers and terminal managers shall provide assistance in such a way that the person is able to take the transport services for which he or she holds a reservation as part of the single multimodal contract or the combined multimodal ticket; |
Or. en
Amendment 336
Tilly Metz
Proposal for a regulation
Article 14 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) if the notification is not made in accordance with point (a), or no such notification has been made, the carriers and terminal managers shall make all reasonable efforts to provide assistance in such a way that the person with disabilities or person with reduced mobility may travel; | deleted |
Or. en
Justification
Persons with disabilities and persons with reduced mobility have the same rights as all other citizens to free movement and to non-discrimination, which is a binding provision of the UNCRPD. Therefore, the pre-notification period should be removed and prenotification should be made voluntary. Accordingly point a and also point e should be deleted.
Amendment 337
Kai Tegethoff
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 14 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) if the notification is not made in accordance with point (a), or no such notification has been made, the carriers and terminal managers shall make all reasonable efforts to provide assistance in such a way that the person with disabilities or person with reduced mobility may travel; | (e) if the notification is not made in accordance with point (a), or no such notification has been made, the carriers and terminal managers shall make all possible efforts to provide assistance in such a way that the person with disabilities or person with reduced mobility may travel; |
Or. en
Amendment 338
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 14 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) if the notification is not made in accordance with point (a), or no such notification has been made, the carriers and terminal managers shall make all reasonable efforts to provide assistance in such a way that the person with disabilities or person with reduced mobility may travel; | (e) if the notification is not made in accordance with point (a), or no such notification has been made, the carriers and terminal managers shall make best efforts to provide assistance in such a way that the person with disabilities or person with reduced mobility may travel; |
Or. en
Amendment 339
Merja Kyllönen
Proposal for a regulation
Article 14 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) an assistance dog shall be permitted to accompany a person with disability or person with reduced mobility in accordance with any relevant Union16 or national law. | (f) Where use of a recognized assistance dog is required or the passenger travels with a mobility aid, this shall be accommodated, provided that notification of the same is made to the air carrier or its agent or the tour operator in accordance with the applicable Union or national rules covering the carriage of recognized assistance dogs on board aircraft where such rules exist. |
| 16 Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003 Text with EEA relevance (OJ L 178, 28.6.2013, p. 1. |
Or. en
Justification
Considering the complexity of multimodal travel arrangements, which may involve multiple entities, pre-notification of assistance 48 hours in advance is operationally insufficient and will still leave room to misuse of the system. This should be extended to the time of booking or 96 hours in a multimodal context. Otherwise, it may not be feasible for the respective parties to make the necessary arrangements in time especially when the passenger travels with large wheelchairs powered by batteries and that have to be accommodated in the cargo compartment of the aircraft.
Amendment 340
Kai Tegethoff
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 14 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) an assistance dog shall be permitted to accompany a person with disability or person with reduced mobility in accordance with any relevant Union16 or national law. | (f) an assistance dog or an accompanying person shall be permitted to accompany a person with disability or person with reduced mobility in accordance with any relevant Union16 or national law. |
| 16 Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003 Text with EEA relevance (OJ L 178, 28.6.2013, p. 1. | 16 Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003 Text with EEA relevance (OJ L 178, 28.6.2013, p. 1. |
Or. en
Amendment 341
Elissavet Vozemberg-Vrionidi
Proposal for a regulation
Article 14 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) an assistance dog shall be permitted to accompany a person with disability or person with reduced mobility in accordance with any relevant Union16 or national law. | (f) an assistance dog, or accompanying person, shall be permitted to accompany a person with disability or person with reduced mobility in accordance with any relevant Union16 or national law. |
| 16 Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003 Text with EEA relevance (OJ L 178, 28.6.2013, p. 1. | 16 Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003 Text with EEA relevance (OJ L 178, 28.6.2013, p. 1. |
Or. en
Amendment 342
Tilly Metz
Proposal for a regulation
Article 14 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) an assistance dog shall be permitted to accompany a person with disability or person with reduced mobility in accordance with any relevant Union16 or national law. | (f) an assistance dog, or accompanying person, shall be permitted to accompany a person with disability or person with reduced mobility in accordance with any relevant Union16 or national law. |
| 16 Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003 Text with EEA relevance (OJ L 178, 28.6.2013, p. 1. | 16 Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003 Text with EEA relevance (OJ L 178, 28.6.2013, p. 1. |
Or. en
Amendment 343
Julien Leonardelli
Proposal for a regulation
Article 14 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) an assistance dog shall be permitted to accompany a person with disability or person with reduced mobility in accordance with any relevant Union16or national law. | (f) an assistance dog or an accompanying person shall be permitted to accompany a person with reduced mobility in accordance with any relevant Union16 or national law. |
| 16 Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003 Text with EEA relevance (OJ L 178, 28.6.2013, p. 1. | 16 Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003 Text with EEA relevance (OJ L 178, 28.6.2013, p. 1. |
Or. fr
Amendment 344
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 14 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Assistance to persons with disabilities and persons with reduced mobility to be provided by each carrier, terminal manager or intermediary for each transport service involved in the multimodal journey shall be defined in accordance with this Article and, for aspects not covered by this Article, by the relevant sectoral Union legislation applicable to such transport service |
Or. en
Amendment 345
Borja Giménez Larraz, Elena Nevado del Campo, Dolors Montserrat, Pablo Arias Echeverría, Pilar del Castillo Vera, Susana Solís Pérez
Proposal for a regulation
Article 15 – paragraph -1 (new)
| Text proposed by the Commission | Amendment |
|---|---|
| -1. Air, rail, and maritime carriers shall be required to provide a single, physical point of contact to ensure more accessible assistance for passengers, including delays, cancellations, baggage-related issues, or any other air travel ticket related matters. |
Or. en
Amendment 346
Andreas Schieder, Daniel Attard, Sérgio Gonçalves
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall ensure that terminal managers and carriers on their territory cooperate to establish and to operate single points of contact for persons with disabilities and persons with reduced mobility at multimodal passenger hubs in the urban nodes referred to in Annex I. The terms for the operation of the single points of contact shall be established in the access rules referred to in Article 12(1). Those single points of contact shall have the responsibility to: | 1. Member States shall ensure that terminal managers and carriers on their territory cooperate to establish and to operate single points of contact for persons with disabilities and persons with reduced mobility at multimodal passenger hubs in the urban nodes referred to in Annex I. The terms for the operation of the single points of contact shall be established in the access rules referred to in Article 12(1). The single points of contact may also act as an interface between passengers and carriers via digital or telephone means, provided they are in accessible format, and allow the passenger to contact them. Those single points of contact shall have the responsibility to: |
Or. en
Amendment 347
Kai Tegethoff
on behalf of the Greens/EFA Group
Tilly Metz
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall ensure that terminal managers and carriers on their territory cooperate to establish and to operate single points of contact for persons with disabilities and persons with reduced mobility at multimodal passenger hubs in the urban nodes referred to in Annex I. The terms for the operation of the single points of contact shall be established in the access rules referred to in Article 12(1). Those single points of contact shall have the responsibility to: | 1. Member States shall ensure that terminal managers and carriers on their territory cooperate to establish and to operate single points of contact for persons with disabilities and persons with reduced mobility at multimodal passenger hubs in the urban nodes referred to in Annex I. The single points of contact may consist in a physical, online or a phone point of contact. The terms for the operation of the single points of contact shall be established in the access rules referred to in Article 12(1). Those single points of contact shall have the responsibility to: |
Or. en
Amendment 348
Laurent Castillo
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall ensure that terminal managers and carriers on their territory cooperate to establish and to operate single points of contact for persons with disabilities and persons with reduced mobility at multimodal passenger hubs in the urban nodes referred to in Annex I. The terms for the operation of the single points of contact shall be established in the access rules referred to in Article 12(1). Those single points of contact shall have the responsibility to: | 1. Member States shall ensure that terminal managers and carriers on their territory cooperate to establish and to operate single points of contact for persons with disabilities and persons with reduced mobility at multimodal passenger hubs in the urban nodes referred to in Annex I. The terms for the operation of the single points of contact shall be accessible physically, digitally or via telephone and established in the access rules referred to in Article 12(1). Those single points of contact shall have the responsibility to: |
Or. fr
Amendment 349
Borja Giménez Larraz, Elena Nevado del Campo, Dolors Montserrat, Pablo Arias Echeverría, Pilar del Castillo Vera, Susana Solís Pérez
Proposal for a regulation
Article 15 – paragraph 1 – point b a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (b a) (c) ensure more accessible assistance for passengers, particularly for vulnerable collectives. |
Or. en
Amendment 350
Kai Tegethoff
on behalf of the Greens/EFA Group
Tilly Metz
Proposal for a regulation
Article 15 – paragraph 1 – point b a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (b a) provide information on accessibility. |
Or. en
Amendment 351
Julien Leonardelli
Proposal for a regulation
Article 15 – paragraph 1 – point b a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) provide information on accessibility. |
Or. fr
Amendment 352
Ondřej Kovařík
Proposal for a regulation
Article 15 – paragraph 1 – point b a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (b a) provide information on accessibility |
Or. en
Amendment 353
Borja Giménez Larraz, Elena Nevado del Campo, Dolors Montserrat, Pablo Arias Echeverría, Pilar del Castillo Vera, Susana Solís Pérez
Proposal for a regulation
Article 15 – paragraph 1 – point b b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (b b) (d) provide information on accessibility. |
Or. en
Amendment 354
Kai Tegethoff
on behalf of the Greens/EFA Group
Tilly Metz
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Where terminal managers and carriers assisting persons with disabilities and persons with reduced mobility from one transport service to a connecting transport service, either in the context of a single multimodal contract or at a multimodal passenger hub, cause the loss of, or damage to, mobility equipment, including wheelchairs, and assistive devices, or the loss of, or injury to, assistance dogs used by persons with disabilities and persons with reduced mobility, they shall be liable for that loss, damage or injury, and provide compensation without undue delay. That compensation shall comprise: | 1. Where terminal managers or carriers assisting persons with disabilities and persons with reduced mobility either in the context of a single multimodal contract, a combined multimodal ticket or at a multimodal passenger hub, cause the loss of, or damage to, mobility equipment, including wheelchairs, and assistive devices, or the loss of, or injury to, assistance dogs used by persons with disabilities and persons with reduced mobility, they shall be liable for that loss, damage or injury, and provide compensation without undue delay. That compensation shall comprise: |
Or. en
Amendment 355
Merja Kyllönen
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Where terminal managers and carriers assisting persons with disabilities and persons with reduced mobility from one transport service to a connecting transport service, either in the context of a single multimodal contract or at a multimodal passenger hub, cause the loss of, or damage to, mobility equipment, including wheelchairs, and assistive devices, or the loss of, or injury to, assistance dogs used by persons with disabilities and persons with reduced mobility, they shall be liable for that loss, damage or injury, and provide compensation without undue delay. That compensation shall comprise: | 1. Where terminal managers and carriers assisting persons with disabilities and persons with reduced mobility from one transport service to a connecting transport service, either in the context of a single multimodal contract or at a multimodal passenger hub, cause the loss of, or damage to, mobility equipment, including wheelchairs, and assistive devices, assistance dogs used by persons with disabilities and persons with reduced mobility, they shall be liable for that loss, damage or injury, and provide compensation without undue delay. That compensation shall comprise: |
Or. en
Amendment 356
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Where terminal managers and carriers assisting persons with disabilities and persons with reduced mobility from one transport service to a connecting transport service, either in the context of a single multimodal contract or at a multimodal passenger hub, cause the loss of, or damage to, mobility equipment, including wheelchairs, and assistive devices, or the loss of, or injury to, assistance dogs used by persons with disabilities and persons with reduced mobility, they shall be liable for that loss, damage or injury, and provide compensation without undue delay. That compensation shall comprise: | 1. Where terminal managers and carriers assisting persons with disabilities and persons with reduced mobility, either in the context of a single multimodal contract , a combined multimodal ticket, or at a multimodal passenger hub, cause the loss of, or damage to, mobility equipment, including wheelchairs, and assistive devices, or the loss of, or injury to, assistance dogs used by persons with disabilities and persons with reduced mobility, they shall be liable for that loss, damage or injury, and provide compensation without undue delay. That compensation shall comprise: |
Or. en
Amendment 357
Julien Leonardelli
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Where terminal managers and carriers assisting persons with disabilities and persons with reduced mobility from one transport service to a connecting transport service, either in the context of a single multimodal contract or at a multimodal passenger hub, cause the loss of, or damage to, mobility equipment, including wheelchairs, and assistive devices, or the loss of, or injury to, assistance dogs used by persons with disabilities and persons with reduced mobility, they shall be liable for that loss, damage or injury, and provide compensation without undue delay. That compensation shall comprise: | 1. Where terminal managers and carriers assisting persons with disabilities and persons with reduced mobility, either in the context of a single multimodal contract, in the context of a combined multimodal ticket or at a multimodal passenger hub, cause the loss of, or damage to, mobility equipment, including wheelchairs, and assistive devices, or the loss of, or injury to, assistance dogs used by persons with disabilities and persons with reduced mobility, they shall be liable for that loss, damage or injury, and provide compensation without undue delay. That compensation shall comprise: |
Or. fr
Amendment 358
Kai Tegethoff
on behalf of the Greens/EFA Group
Tilly Metz
Proposal for a regulation
Article 16 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) reasonable costs of temporary replacement for mobility equipment, assistive devices or assistance dogs where such replacement is not provided or is not to be provided, by the carrier or terminal manager in accordance with paragraph 2. | (c) costs of temporary replacement for mobility equipment, assistive devices or assistance dogs where such replacement is not provided or is not to be provided, by the carrier or terminal manager in accordance with paragraph 2. |
Or. en
Amendment 359
Julien Leonardelli
Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ca) any cost for the passenger derived from the loss or damage of mobility equipment or an assistive device, or from the loss or injury of assistance dogs, until the temporary replacement has been provided. |
Or. fr
Amendment 360
Kai Tegethoff
on behalf of the Greens/EFA Group
Tilly Metz
Proposal for a regulation
Article 16 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Where paragraph 1 applies, carriers and terminal managers shall rapidly make all reasonable efforts to provide immediately needed temporary replacements for mobility equipment or assistive devices. The person with disabilities or the person with reduced mobility shall be permitted to keep that temporary replacement equipment or device until the compensation referred to in paragraph 1 has been paid. | 2. Where paragraph 1 applies, carriers and terminal managers shall rapidly make all possible efforts to provide immediately needed temporary replacements for mobility equipment ,assistive devices or assistance dog. The person with disabilities or the person with reduced mobility shall be permitted to keep that temporary replacement equipment, device, or assistance dog until the compensation referred to in paragraph 1 has been paid. |
Or. en
Amendment 361
Jan-Christoph Oetjen, Urmas Paet, Benoit Cassart, Marjan Šarec
Proposal for a regulation
Article 17
| Text proposed by the Commission | Amendment |
|---|---|
| Article 17 | deleted |
| Service quality standards | |
| 1. Carriers offering single multimodal contracts shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex II. | |
| 2. Carriers offering single multimodal contracts shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on their website by [2 years after the day of application of this Regulation], and every two years thereafter. That report shall not contain personal data. | |
| 3. Multimodal hub managers located in a Member State shall establish service quality standards based on the relevant items listed in Annex II. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request. |
Or. en
Justification
The service quality standards should not be subject to a reporting obligation, but to a duty to provide information. Otherwise, the administrative burden for companies will be disproportionate to the added value created. This amendment is related to the amendment in Art. 12 (7).
Amendment 362
Merja Kyllönen
Proposal for a regulation
Article 17
| Text proposed by the Commission | Amendment |
|---|---|
| Article 17 | deleted |
| Service quality standards | |
| 1. Carriers offering single multimodal contracts shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex II. | |
| 2. Carriers offering single multimodal contracts shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on their website by [2 years after the day of application of this Regulation], and every two years thereafter. That report shall not contain personal data. | |
| 3. Multimodal hub managers located in a Member State shall establish service quality standards based on the relevant items listed in Annex II. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request. |
Or. en
Amendment 363
Roman Haider
Proposal for a regulation
Article 17 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Carriers offering single multimodal contracts shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex II. | deleted |
Or. de
Justification
In a free market economy, it is the providers and customers who decide on the desired quality of a service.
Amendment 364
Kai Tegethoff
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 17 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Carriers offering single multimodal contracts shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex II. | 1. Carriers and intermediaries offering single multimodal contracts or combined multimodal tickets shall establish service quality standards and implement a quality management system to maintain service quality and ensure compliance with the obligations laid down by this regulation. The service quality standards shall at least cover the items listed in Annex II. |
Or. en
Amendment 365
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 17 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Carriers offering single multimodal contracts shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex II. | 1. Carriers offering single, combined or separate multimodal contracts, intermediaries and multimodal hub managers shall establish service quality standards that at least cover the items listed in Annex II, and implement a quality management system to maintain and improve service quality and their compliance with their obligations under this Regulation. |
Or. en
Amendment 366
Roman Haider
Proposal for a regulation
Article 17 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Carriers offering single multimodal contracts shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on their website by [2 years after the day of application of this Regulation], and every two years thereafter. That report shall not contain personal data. | deleted |
Or. de
Justification
In a free market economy, it is the providers and customers who decide on the desired quality of a service.
Amendment 367
Matteo Ricci
Proposal for a regulation
Article 17 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Carriers offering single multimodal contracts shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on their website by [2 years after the day of application of this Regulation], and every two years thereafter. That report shall not contain personal data. | 2. Carriers offering single multimodal contracts shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance and on their compliance with all their obligations under this Regulation on their website by [2 years after the Regulation becomes applicable], and every two years thereafter, to be available at the same place as the general information on air passenger rights. This report shall not contain personal data. |
Or. en
Amendment 368
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 17 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Carriers offering single multimodal contracts shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on their website by [2 years after the day of application of this Regulation], and every two years thereafter. That report shall not contain personal data. | 2. Carriers and intermediaries offering single, combined, or separate multimodal contracts, as well as multimodal hub managers, shall monitor and publish a report on their performance as reflected in the service quality standards, and on their compliance with all their obligations under this Regulation on their website by [2 years after the day of application of this Regulation], and every two years thereafter. That report shall not contain personal data. |
Or. en
Amendment 369
Kai Tegethoff
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 17 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Carriers offering single multimodal contracts shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on their website by [2 years after the day of application of this Regulation], and every two years thereafter. That report shall not contain personal data. | 2. Carriers and intermediaries offering single multimodal contracts or combined multimodal tickets shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on their website by [2 years after the day of application of this Regulation], and every two years thereafter. That report shall not contain personal data. |
Or. en
Amendment 370
Kosma Złotowski
Proposal for a regulation
Article 17 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Carriers offering single multimodal contracts shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on their website by [2 years after the day of application of this Regulation], and every two years thereafter. That report shall not contain personal data. | 2. Carriers offering single multimodal contracts shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on their website by [4 years after the day of application of this Regulation]. That report shall not contain personal data and should be limited to the presentation of necessary and justifiable data. |
Or. en
Amendment 371
Laurent Castillo
Proposal for a regulation
Article 17 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Multimodal hub managers located in a Member State shall establish service quality standards based on the relevant items listed in Annex II. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request. | deleted |
Or. fr
Amendment 372
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 17 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Multimodal hub managers located in a Member State shall establish service quality standards based on the relevant items listed in Annex II. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request. | deleted |
Or. en
Justification
Delete – incorporated in art. 17.1 and 17.2
Amendment 373
Roman Haider
Proposal for a regulation
Article 17 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Multimodal hub managers located in a Member State shall establish service quality standards based on the relevant items listed in Annex II. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request. | deleted |
Or. de
Justification
In a free market economy, it is the providers and customers who decide on the desired quality of a service.
Amendment 374
Julien Leonardelli
Proposal for a regulation
Article 17 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Multimodal hub managers located in a Member State shall establish service quality standards based on the relevant items listed in Annex II. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request. | 3. Multimodal hub managers located in a Member State shall establish service quality standards based on the relevant items listed in Annex II. They shall monitor their performance pursuant to those standards and publish a report on their service quality performance on their website at the latest two years after the Regulation becomes applicable and every two years thereafter. That report shall not contain personal data. Terminal operators shall provide access to the information on their performance to the national public authorities on request. |
Or. fr
Amendment 375
Daniel Attard
Proposal for a regulation
Article 17 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Multimodal hub managers located in a Member State shall establish service quality standards based on the relevant items listed in Annex II. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request. | 3. Multimodal hub managers located in a Member State shall establish service quality standards based on the relevant items listed in Annex II and which are under their direct responsibility. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request. |
Or. en
Justification
Clarity is needed in this paragraph, Some items may be relevant, but not directly within the multimodal hub manager's responsibility, which makes it challenging for them to effectively set service quality standards.
Amendment 376
Julien Leonardelli
Proposal for a regulation
Article 18 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Each carrier offering single multimodal contracts or combined multimodal tickets, each intermediary offering combined multimodal tickets and each multimodal hub manager shall set up a complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility. They shall make their contact details and working language, or languages, widely known to passengers. | 1. Each carrier offering single multimodal contracts or combined multimodal tickets, each intermediary offering combined multimodal tickets and each multimodal hub manager shall set up a complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility. They shall make their contact details and working language, or languages, widely known to passengers. The procedure to submit a complaint shall be accessible to persons with disabilities in accordance with the provisions of Directive (EU) 2019/882. |
Or. fr
Amendment 377
Laurent Castillo
Proposal for a regulation
Article 18 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Each carrier offering single multimodal contracts or combined multimodal tickets, each intermediary offering combined multimodal tickets and each multimodal hub manager shall set up a complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility. They shall make their contact details and working language, or languages, widely known to passengers. | 1. Each carrier offering single multimodal contracts or combined multimodal tickets and each intermediary offering combined multimodal tickets shall set up a complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility. They shall make their contact details and working language, or languages, widely known to passengers. |
Or. fr
Amendment 378
Roman Haider
Proposal for a regulation
Article 18 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Each carrier offering single multimodal contracts or combined multimodal tickets, each intermediary offering combined multimodal tickets and each multimodal hub manager shall set up a complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility. They shall make their contact details and working language, or languages, widely known to passengers. | 1. Each carrier offering single multimodal contracts or combined multimodal tickets, each intermediary offering combined multimodal tickets shall set up a complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility. They shall make their contact details and working language, or languages, widely known to passengers. |
Or. de
Amendment 379
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 18 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1 a. Details of the complaint-handling procedure and the relevant time limits under this article shall be provided to passengers in their booking confirmation, on the carriers’ and intermediaries’ websites, and shall be communicated in the email that notifies any event that could give rise to the rights enshrined in this Regulation. Carriers and intermediaries shall provide the information under this Article in paper and electronically to passengers, in an accessible format. |
Or. en
Amendment 380
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 18 – paragraph 1 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1 b. Passengers may submit a complaint to any carrier or intermediary regarding their respective fields of responsibility via the mechanisms referred to in paragraph 1. Such a complaint shall be submitted within two years from the date on which the multimodal journey was performed or was scheduled to be performed. Within seven working days of receiving the complaint, the addressee shall confirm the receipt of the complaint to the passenger. Within two months of receiving the complaint, the addressee shall provide a reasoned answer to the passenger. Where the addressee does not provide that full answer within that two-month period, it shall be deemed to have accepted the passenger’s claims. With the reasoned answer, the addressee shall also communicate to the passenger concerned the relevant contact details of the National enforcement body or other body as defined in Article 20 paragraph 1, including its postal address, phone number, email address and website address. Where the carrier invokes extraordinary circumstances, it shall, in its answer, inform the passenger of the specific circumstances responsible for the cancellation or delay. The carrier shall also show that it took all reasonable measures to avoid the cancellation or delay. The burden of proof regarding the provision of the requisite information to passengers shall be on the carrier |
Or. en
Amendment 381
Kai Tegethoff
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 18 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Details of the complaint-handling procedure shall be accessible to the public, including to persons with disabilities and to persons with reduced mobility. That information shall be available upon request in the official language or languages of the Member State in which the carrier, intermediary or multimodal hub manager is operating. | 2. Details of the complaint-handling procedure shall be accessible to the public, including to persons with disabilities and to persons with reduced mobility and be provided to passengers in the booking confirmation and proactively in case of travel disruptions. That information shall be available in the official language or languages of the Member State in which the carrier, intermediary or multimodal hub manager is operating. |
Or. en
Amendment 382
Julien Leonardelli
Proposal for a regulation
Article 18 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Details of the complaint-handling procedure shall be accessible to the public, including to persons with disabilities and to persons with reduced mobility. That information shall be available upon request in the official language or languages of the Member State in which the carrier, intermediary or multimodal hub manager is operating. | 2. Details of the complaint-handling procedure shall be accessible to the public, including to persons with disabilities and to persons with reduced mobility in accordance with the provisions of Directive (EU) 2019/882. That information shall be available upon request in the official language or languages of the Member State in which the carrier, intermediary or multimodal hub manager is operating. |
Or. fr
Amendment 383
Laurent Castillo
Proposal for a regulation
Article 18 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Details of the complaint-handling procedure shall be accessible to the public, including to persons with disabilities and to persons with reduced mobility. That information shall be available upon request in the official language or languages of the Member State in which the carrier, intermediary or multimodal hub manager is operating. | 2. Details of the complaint-handling procedure shall be accessible to the public, including to persons with disabilities and to persons with reduced mobility. That information shall be available upon request in the official language or languages of the Member State in which the carrier or intermediary is operating. |
Or. fr
Amendment 384
Nikolina Brnjac
Proposal for a regulation
Article 18 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. Details of the complaint-handling procedure under this article shall be provided to passenger in his booking confirmation |
Or. en
Amendment 385
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 19 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Carriers and intermediaries shall provide the information under this Article, in either paper or electronic format, or by any other means, including in accessible formats. In the event of cancellation, missed connection or long delay, they shall specify where such information can be obtained. | 3. Carriers and intermediaries shall provide the information under this Article to the passenger in his booking confirmation and in case of travel disruption triggering passenger rights under this Regulation. This information shall be provided in paper and electronically, or by any other means, in accessible formats. In the event of cancellation, missed connection or long delay, they shall specify where such information can be obtained. |
Or. en
Amendment 386
Julien Leonardelli
Proposal for a regulation
Article 19 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Carriers and intermediaries shall provide the information under this Article, in either paper or electronic format, or by any other means, including in accessible formats. In the event of cancellation, missed connection or long delay, they shall specify where such information can be obtained. | 3. Carriers and intermediaries shall provide the information under this Article, in either paper or electronic format, or by any other means, including in accessible formats in accordance with the accessibility requirements of Directive (EU) 2019/882. In the event of cancellation, missed connection or long delay, they shall specify where such information can be obtained. |
Or. fr
Amendment 387
Kai Tegethoff
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 19 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Carriers and intermediaries shall provide the information under this Article, in either paper or electronic format, or by any other means, including in accessible formats. In the event of cancellation, missed connection or long delay, they shall specify where such information can be obtained. | 3. Carriers and intermediaries shall provide the information under this Article in the booking confirmation and in case of travel disruption, in either paper or electronic format, or by any other means, including in accessible formats. |
Or. en
Amendment 388
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 20 – title
| Text proposed by the Commission | Amendment |
|---|---|
| National enforcement body | Designation of national enforcement bodies |
Or. en
Amendment 389
Roman Haider
Proposal for a regulation
Article 20 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Each Member State shall designate a body or bodies responsible for the enforcement of this Regulation. To this effect, Member States may designate a body which is already responsible for the enforcement of the Union law on passenger rights. Each body shall take the measures necessary to ensure that the rights of passengers are respected. | deleted |
Or. de
Justification
Free and fair competition leads to better quality while consumer protection is guaranteed by the individual rights established. Another body would only generate red tape and costs for the taxpayer, without any significant majority.
Amendment 390
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 20 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1 a. Each body shall be independent in its organisation, funding decisions, legal structure and decision-making of any carrier, multimodal hub and intermediary. |
Or. en
Amendment 391
Roman Haider
Proposal for a regulation
Article 20 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall inform the Commission of the body or bodies designated in accordance with this Article and of its or their respective responsibilities. The Commission and the bodies designated shall publish that information on their websites. | deleted |
Or. de
Amendment 392
Roman Haider
Proposal for a regulation
Article 20 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. By 1 June XXXX [2 years after the Regulation becomes applicable] and every 2 years thereafter, the national enforcement bodies shall publish a report on their website on their activity in the previous 2 calendar years, containing in particular a description of actions taken in order to implement this Regulation and statistics on complaints and sanctions applied. | deleted |
Or. de
Amendment 393
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 20 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. By 1 June XXXX [2 years after the Regulation becomes applicable] and every 2 years thereafter, the national enforcement bodies shall publish a report on their website on their activity in the previous 2 calendar years, containing in particular a description of actions taken in order to implement this Regulation and statistics on complaints and sanctions applied. | deleted |
Or. en
Justification
Deleted – included in the new article 20a on ‘Enforcement tasks’
Amendment 394
Julien Leonardelli
Proposal for a regulation
Article 20 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. By 1 June XXXX [2 years after the Regulation becomes applicable] and every 2 years thereafter, the national enforcement bodies shall publish a report on their website on their activity in the previous 2 calendar years, containing in particular a description of actions taken in order to implement this Regulation and statistics on complaints and sanctions applied. | 3. By 1 June XXXX [2 years after the Regulation becomes applicable] and every 2 years thereafter, the national enforcement bodies shall publish a report on their website on their activity in the previous 2 calendar years, containing in particular a description of actions taken in order to implement this Regulation and statistics on the number and nature of complaints and sanctions applied. |
Or. fr
Amendment 395
Andreas Schieder, Rosa Serrano Sierra, Sérgio Gonçalves
Proposal for a regulation
Article 20 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article20a | |
| Enforcement tasks | |
| 1. The National Enforcement Body shall closely monitor compliance with this Regulation and shall take the measures necessary to ensure that the rights of passengers are upheld. For this purpose, carriers, multimodal hubs and intermediaries shall provide national enforcement bodies with relevant documents and information at their request within one month of its request. In carrying out their functions, the national enforcement bodies shall take account of the information submitted to them by the other body designated to handle complaints as defined in Article 20 paragraph 1. 2. Monitoring activities may be performed jointly by national enforcement bodies in the event of services between two or several EU Member States. 3. Member States shall ensure that their respective National Enforcement Bodies are given sufficient power to penalise effectively with infringements. National Enforcement Bodies shall be able to take enforcement actions based on individual complaints. 4. Carriers shall provide the National Enforcement Body with comprehensive information regarding extraordinary circumstances and the occurrence of technical issues, including the specific reasons for such circumstances. This information shall be provided within 48 hours following travel disruption. In the event that the carrier invokes extraordinary circumstances as a justification for refusing compensation under this Regulation, the carrier shall substantiate its claim by providing adequate evidence. Furthermore, the carrier shall demonstrate that all reasonable measures were taken to prevent the cancellation or delay of the flight in question. 5. The National Enforcement Body shall disseminate such information to the bodies designated for alternative dispute resolution pursuant to this Regulation. 6. Every two years, the national enforcement bodies shall publish reports with statistics on their activity, including on penalties applied by 30 June of the following calendar year. 7. On the basis of data which carriers, multimodal hubs, intermediaries are required to provide on service quality standards as defined in Article 17(2), the National enforcement body shall publish statistics concerning the number and nature of complaints, the number of cancellations, delays and their duration 8. Carriers shall give their contact details to the national enforcement body or bodies of the Member States in which they operate. |
Or. en
Amendment 396
Roman Haider
Proposal for a regulation
Article 21
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
Or. de
Amendment 397
Kai Tegethoff
on behalf of the Greens/EFA Group
Tilly Metz
Proposal for a regulation
Article 21 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall designate the national enforcement body or any other body as the entity responsible for the handling of complaints under paragraph 2 of this Article. | 1. Member States shall designate the national enforcement body or any other body as the entity responsible for the handling of complaints under paragraph 2 of this Article. The complaint-handling procedure shall be made accessible to persons with disabilities and to persons with reduced mobility. |
Or. en
Amendment 398
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 21 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1 a. Each passenger may complain to any national enforcement body designated under paragraph 1 by a Member State, about an alleged infringement of this Regulation. The National Enforcement Body to which the passenger’s complaint has been raised, shall be the passenger’s single point of contact and transmit the complaint to the competent National Enforcement Body under paragraphs 4, 5, 6 and 7 of this Article. |
Or. en
Amendment 399
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 21 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Where different bodies are designated under paragraph 1 and Article 20(1), reporting mechanisms shall be set up to ensure the exchange of information between them in order to help the national enforcement body to carry out its tasks of supervision and enforcement, and in order to enable the complaint-handling body designated under this paragraph to collect the information necessary to examine individual complaints. | deleted |
Or. en
Justification
Deleted – moved to new art. 21a
Amendment 400
Andreas Schieder, Rosa Serrano Sierra, Sérgio Gonçalves
Proposal for a regulation
Article 21 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Without prejudice to the possibility for consumers to seek alternative redress pursuant to Directive 2013/11/EU, after having complained unsuccessfully to the carrier, intermediary or multimodal hub manager pursuant to Article 18, passengers may complain about an alleged infringement of this Regulation to the body designated under paragraph 1. | 3. Without prejudice to the possibility for consumers to seek alternative redress pursuant to Directive 2013/11/EU, after having complained unsuccessfully to the carrier, intermediary or multimodal hub manager pursuant to Article 18, passengers may complain about an alleged infringement of this Regulation to the body designated under paragraph 1 within three months from receiving information on the rejection of the original complaint. Where no reply is received within three months of making the original complaint, the passenger shall have the right to complain to the national enforcement body or any other body designated under paragraph 1. Where necessary, that body shall inform the complainant about his or her right to complain to alternative dispute resolution bodies to seek individual redress. |
Or. en
Amendment 401
Kai Tegethoff
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 21 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Without prejudice to the possibility for consumers to seek alternative redress pursuant to Directive 2013/11/EU, after having complained unsuccessfully to the carrier, intermediary or multimodal hub manager pursuant to Article 18, passengers may complain about an alleged infringement of this Regulation to the body designated under paragraph 1. | 3. Without prejudice to the possibility for consumers to seek alternative redress pursuant to Directive 2013/11/EU, after having complained unsuccessfully to the carrier, intermediary or multimodal hub manager pursuant to Article 18, passengers may complain about an alleged infringement of this Regulation to the body designated under paragraph 1 in the country where they reside. The National Enforcement Body to which the passenger complained, shall be the passenger’s single point of contact throughout the entire procedure, and transmit the complaint to the competent National Enforcement Body under paragraphs 4, 5, 6 and 7 of this Article. |
Or. en
Amendment 402
Kai Tegethoff
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 21 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. The national enforcement body or any other body designated under paragraph 3 shall acknowledge receipt of the complaint and transmit it to the competent enforcement body within two weeks of receiving it. The complaint-handling procedure shall take a maximum of three months from the date of the establishment of the complaint file by the competent enforcement body. For complex cases, that body may extend that period to six months. In such a case, it shall inform the National Enforcement Body to which the passenger complained which shall then inform the passenger of the reasons for the extension and of the expected time needed to conclude the procedure. Only those cases that involve legal proceedings may take longer than six months. |
Or. en
Amendment 403
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 21 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. The national enforcement body or any other body designated under Article 21a paragraph 1 shall acknowledge receipt of the complaint within two weeks of receiving it. The complaint-handling procedure shall take a maximum of three months from the date of the establishment of the complaint file. The complaint-handling procedure shall be made accessible to persons with disabilities and to persons with reduced mobility. |
Or. en
Amendment 404
Stanislav Stoyanov
Proposal for a regulation
Article 21 – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. Without prejudice to paragraphs 3 and 4, passenger complaints about an intermediary shall be handled by the body designated under paragraph 1 of the Member State where the intermediary is established or, if the intermediary is established outside of the Union, of the Member State where the legal or natural person acting as its legal representative is based. If the intermediary does not have such a representative, the complaints shall be handled by the body designated under paragraph 2 of the Member State where the journey starts or ends. | 6. Without prejudice to paragraphs 3 and 4, passenger complaints about intermediaries that are not carriers within the meaning of specialised transport legislation shall be handled under general consumer protection laws of the country where the passenger resides, without creating additional enforcement obligations under this Regulation. |
Or. en
Amendment 405
Merja Kyllönen
Proposal for a regulation
Article 21 – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. Without prejudice to paragraphs 3 and 4, passenger complaints about an intermediary shall be handled by the body designated under paragraph 1 of the Member State where the intermediary is established or, if the intermediary is established outside of the Union, of the Member State where the legal or natural person acting as its legal representative is based. If the intermediary does not have such a representative, the complaints shall be handled by the body designated under paragraph 2 of the Member State where the journey starts or ends. | 6. Without prejudice to paragraphs 3 and 4, passenger complaints about an intermediary shall be handled by the body designated under paragraph 1 of the Member State where the intermediary is established or, if the intermediary is established outside of the Union, of the Member State where the legal or natural person acting as its legal representative is based. Any intermediary selling multimodal tickets within the scope of this Regulation and not established in the Union shall designate a legal representative in at least one Member State. |
Or. en
Justification
It is critical to address the jurisdictional gap that prevents enforcement action against intermediaries established outside the EU.
Amendment 406
Laurent Castillo
Proposal for a regulation
Article 21 – paragraph 7
| Text proposed by the Commission | Amendment |
|---|---|
| 7. Where a complaint relates to alleged infringements by multimodal hub managers, the complaint shall be handled by the body designated under paragraph 1 of the Member State on whose territory the incident occurred. | deleted |
Or. fr
Amendment 407
Arash Saeidi
Proposal for a regulation
Article 21 – paragraph 7 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 7 a. Where a carrier or an intermediary is established outside the European Union and has not complied with the obligation laid down in Article 2(5b) to designate a legal representative in the Union, the national enforcement body or the other body designated in accordance with paragraph 1 may, in accordance with national and Union law, refuse or suspend the authorization to sell or distribute tickets on its territory, or take any necessary enforcement measure to ensure that passengers’ rights under this Regulation are respected. |
Or. en
Justification
This amendment grants national authorities a clear legal basis to enforce the requirement of having a legal representative in the EU. It prevents third-country operators from circumventing passenger rights obligations if they fail to appoint a local representative.
Amendment 408
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 21 – paragraph 7 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 7 a. National Enforcement bodies or any other body designated under paragraph 1 shall be able to deal with individual passenger complaints and be granted, at least, with the minimum investigative and enforcement powers defined in article 9 of the Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004. |
Or. en
Amendment 409
Nikolina Brnjac
Proposal for a regulation
Article 21 – paragraph 7 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 7 a. Each passenger may complain to any national enforcement body designated under paragraph 1 by a Member State, about an alleged infringement of this Regulation. The national enforcement body to which passenger’s complaint has been raised, shall be the passenger’s single point of contact and transmit the complaint to the competent national enforcement body under paragraphs 4, 5, 6 and 7 of this Article. |
Or. en
Amendment 410
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 21 – paragraph 7 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 7 b. National Enforcement Bodies’ or any other body designated under paragraph 1 decisions shall be binding on both parties and enforceable, without prejudice to the right of parties to access the judicial system. |
Or. en
Amendment 411
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 21 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article21a | |
| Exchange of information and cross-border cooperation between national enforcement bodies | |
| 1. Where different bodies are designated under Articles 20 and 21, reporting mechanisms shall be set up to ensure the exchange of information between them, in accordance with Regulation (EU) 2016/679, in order to help the national enforcement body to carry out its tasks of supervision and enforcement, and so that the complaint-handling body designated under Article 16b can collect the information necessary to examine individual complaints. | |
| 2. National enforcement bodies shall exchange information on their work and decision-making principles and practices for the purpose of coordination. The Commission shall support them in that task. |
Or. en
Amendment 412
Roman Haider
Proposal for a regulation
Article 22
| Text proposed by the Commission | Amendment |
|---|---|
| Article 22 | deleted |
| Risk-based approach to the monitoring of compliance with passenger rights | |
| 1. The national enforcement bodies shall develop a compliance monitoring programme to monitor compliance with the obligations laid down in this Regulation on the basis of a risk assessment. The programme shall allow for the detection and correction of recurrent non-compliance in the implementation of passenger rights. The compliance monitoring programme shall include a representative sample of monitoring activities. | |
| 2. The risk assessment shall be based on a factual assessment that takes into account complaints made by passengers to these bodies, where available, findings of the monitoring activities carried out by these bodies, information referred to in Article 23 (1) and (3), as well as other sources of information pertaining to the application of this Regulation on the territory of the respective Member State. | |
| 3. The risk assessment shall be carried out for the first time by 30 June XXXX [1 year after the Regulation becomes applicable], and every two years thereafter. | |
| 4. Compliance monitoring activities shall be based on the assessment of risks and carried out by means of audits, inspections, interviews, verifications and examination of documents as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified. | |
| 5. National enforcement bodies shall ensure the swift rectification of non-compliance by carriers and terminal managers as identified during their monitoring activities. They shall require carriers to submit an action plan to remedy non-compliance, as appropriate. | |
| 6. The compliance monitoring programme under paragraph 1, the risk assessment under paragraph 2 as well as their findings shall be communicated to the Commission by 30 June XXXX [2 years after the Regulation becomes applicable], and every two years thereafter. Where applicable, they shall be included in the reports referred to in Article 20 (3). |
Or. de
Amendment 413
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 22 – title
| Text proposed by the Commission | Amendment |
|---|---|
| Risk-based approach to the monitoring of compliance with passenger rights | Tasks of national enforcement bodies related to monitoring of compliance with passenger rights |
Or. en
Amendment 414
Kai Tegethoff
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 22 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The national enforcement bodies shall develop a compliance monitoring programme to monitor compliance with the obligations laid down in this Regulation on the basis of a risk assessment. The programme shall allow for the detection and correction of recurrent non-compliance in the implementation of passenger rights. The compliance monitoring programme shall include a representative sample of monitoring activities. | 1. The national enforcement bodies shall develop a compliance monitoring programme to monitor compliance with the obligations laid down in this Regulation on the basis of a risk assessment. The programme shall allow for the detection and correction of non-compliance in the implementation of passenger rights. The compliance monitoring programme shall include a representative sample of monitoring activities. |
Or. en
Amendment 415
Julien Leonardelli
Proposal for a regulation
Article 22 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Compliance monitoring activities shall be based on the assessment of risks and carried out by means of audits, inspections, interviews, verifications and examination of documents as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified. | 4. Compliance monitoring activities shall be based on the assessment of risks and carried out by means of audits, website and mobile application reviews, including on accessibility, inspections, interviews, verifications and examination of documents as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified. |
Or. fr
Amendment 416
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 22 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Compliance monitoring activities shall be based on the assessment of risks and carried out by means of audits, inspections, interviews, verifications and examination of documents as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified. | 4. Compliance monitoring activities shall be carried out by means of audits, inspections, interviews, verifications, discussions, website and mobile application reviews, and examination of documents, as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified. |
Or. en
Amendment 417
Kai Tegethoff
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 22 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. National enforcement bodies shall ensure the swift rectification of non-compliance by carriers and terminal managers as identified during their monitoring activities. They shall require carriers to submit an action plan to remedy non-compliance, as appropriate. | 5. National enforcement bodies shall ensure the swift rectification of non-compliance by carriers, intermediaries and terminal managers as identified during their monitoring activities. They shall require carriers and intermediaries to submit an action plan to remedy non-compliance, as appropriate. In the event that the action plan is considered insufficient to remedy the non-compliance, the enforcement bodies shall adopt corrective measures. Member States shall ensure that their respective National Enforcement Bodies are given sufficient power to penalise effectively with infringements. |
Or. en
Amendment 418
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 22 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. National enforcement bodies shall ensure the swift rectification of non-compliance by carriers and terminal managers as identified during their monitoring activities. They shall require carriers to submit an action plan to remedy non-compliance, as appropriate. | 5. National enforcement bodies shall ensure the swift rectification of non-compliance by carriers, terminal managers, ticket vendors, intermediaries and any natural or legal person having obligations under this Regulation, as identified during their monitoring activities. They shall require these actors to submit an action plan to remedy non-compliance, as appropriate. . |
Or. en
Amendment 419
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 22 – paragraph 5 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 5 a. If action plans are deemed insufficient, or if non-compliance necessitates an immediate action, National Enforcement Bodies may take enforcement actions as defined in Article 20a. |
Or. en
Amendment 420
Julien Leonardelli
Proposal for a regulation
Article 22 – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The compliance monitoring programme under paragraph 1, the risk assessment under paragraph 2 as well as their findings shall be communicated to the Commission by 30 June XXXX [2 years after the Regulation becomes applicable], and every two years thereafter. Where applicable, they shall be included in the reports referred to in Article 20 (3). | 6. The compliance monitoring programme under paragraph 1, the risk assessment under paragraph 2 as well as their findings shall be communicated to the Commission by 30 June XXXX [2 years after the Regulation becomes applicable], and every two years thereafter. They shall be included in the reports referred to in Article 20 (3). |
Or. fr
Amendment 421
Roman Haider
Proposal for a regulation
Article 23
| Text proposed by the Commission | Amendment |
|---|---|
| Article 23 | deleted |
| Sharing of information with national enforcement bodies | |
| 1. Carriers, intermediaries, terminal managers and multimodal hub managers shall provide the national enforcement bodies with relevant documents and information at their request without undue delay and, in any event, within one month from the receipt of the request. | |
| 2. In complex cases, the national enforcement body may extend this period to a maximum of three months from the receipt of the request. | |
| 3. In carrying out their functions, the national enforcement bodies shall take account of the information submitted to them by the body designated to handle complaints, if this is a different body. |
Or. de
Amendment 422
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 23
| Text proposed by the Commission | Amendment |
|---|---|
| Article 23 | deleted |
| Sharing of information with national enforcement bodies | |
| 1. Carriers, intermediaries, terminal managers and multimodal hub managers shall provide the national enforcement bodies with relevant documents and information at their request without undue delay and, in any event, within one month from the receipt of the request. | |
| 2. In complex cases, the national enforcement body may extend this period to a maximum of three months from the receipt of the request. | |
| 3. In carrying out their functions, the national enforcement bodies shall take account of the information submitted to them by the body designated to handle complaints, if this is a different body. |
Or. en
Justification
Deletion of the whole art.23 – incorporated in the new article on Enforcement Tasks
Amendment 423
Andreas Schieder, Rosa Serrano Sierra, Sérgio Gonçalves
Proposal for a regulation
Article 23 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article23a | |
| Mandatory participation to ADR schemes | |
| The participation of carriers, intermediaries, terminal managers, multimodal hub managers and other actors falling under the scope of this Regulation in alternative dispute resolution procedures shall be mandatory and their decisions binding, without prejudice to the right of parties to access the judicial system, [in accordance with the Directive (EU) 2024/… on alternative dispute resolution for consumer disputes] |
Or. en
Amendment 424
Kai Tegethoff
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 23 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 23a | |
| Participation in Alternative Dispute Resolution (ADR) mechanisms | |
| 1. The participation of carriers, intermediaries, terminal managers, multimodal hub managers and other actors falling under the scope of this Regulation in Alternative Dispute Resolution mechanisms shall be mandatory and their decisions binding. | |
| 2. This is without prejudice to the right of parties to access the judicial system. |
Or. en
Amendment 425
Kai Tegethoff
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 24 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1 a. The Commission shall support dialogue and promote cooperation between Member States and national enforcement bodies. National enforcement bodies shall exchange information on their work, decision-making principles and practices for the purpose of providing uniform protection for passengers. |
Or. en
Amendment 426
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 24 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1 a. The Commission shall support dialogue and promote cooperation between Member States concerning national interpretation and application of this Regulation |
Or. en
Amendment 427
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 24 – paragraph 1 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1 b. Member States shall provide annually a report on their activities to the Commission, at the latest at the end of April of the following calendar year. The Commission may decide on the issues to be addressed in these reports via implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 26. At the request of a Member State, or on its own initiative, the Commission shall examine cases where differences in the application and enforcement of any of the provisions of this Regulation arise. The Commission shall clarify these cases with a view to promoting a common approach, and may to this end adopt and publish a recommendation. |
Or. en
Amendment 428
Roman Haider
Proposal for a regulation
Article 24 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. At the request of the Commission, the national enforcement bodies shall investigate specific suspected practices of non-compliance with the obligations laid down in this Regulation by one or several carriers, terminal managers and intermediaries and report its findings to the Commission within four months of the request.’ | deleted |
Or. de
Amendment 429
Julien Leonardelli
Proposal for a regulation
Article 24 – paragraph 2 – subparagraph 1 (new)
| Text proposed by the Commission | Amendment |
|---|---|
| By 1 June XXXX [2 years after the Regulation becomes applicable] and every 2 years thereafter the Commission shall publish a report that presents in a clear, easy-to-use, comparable and accessible manner all the data on complaint handling and assistance provided to persons with disabilities and reduced mobility by carriers and infrastructure managers in the service quality performance reports referred in Article 17 of this Regulation. |
Or. fr
Amendment 430
Nikolina Brnjac
Proposal for a regulation
Article 24 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. At the request of a Member State, or on its own initiative, the Commission shall examine cases where differences in the application and enforcement of any of the provisions of this Regulation arise and particularly concerning the interpretation of extraordinary circumstances, and shall clarify the provisions of the Regulation, with a view to promoting a common approach. To this end, the Commission may adopt and publish a recommendation. |
Or. en
Amendment 431
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 24 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article24a | |
| Inspections of national enforcement bodies | |
| Art. 24a (new) - Inspections of national enforcement bodies 1. The Commission may conduct inspections of national enforcement bodies in order to monitor the application by Member States of the Regulation and to make recommendations to improve its enforcement. | |
| 2. The Commission shall in good time before an inspection inform the Member State concerned thereof. | |
| 3. Each Commission inspection report shall be communicated to the national enforcement authority of the Member State concerned, which shall, in its answer, set out the measures taken to remedy the non-compliances identified and address the recommendations. | |
| 4. The report, together with the answer of the national enforcement body, shall subsequently be communicated to the national enforcement bodies of the other Member States, where appropriate. |
Or. en
Amendment 432
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 24 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article24b | |
| Oversight of intermediaries established in third countries | |
| The Commission shall perform the oversight of intermediaries established in third countries in order to verify their compliance with this regulation. |
Or. en
Amendment 433
Kai Tegethoff
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 25 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them. | Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive and, include the possibility either to impose fines through administrative procedures or to initiate legal proceedings for the imposition of fines, or both, the maximum amount of such fines being at least 4 % of the trader’s annual turnover in the Member State or Member States concerned. For cases where a fine is to be imposed but information on the trader’s annual turnover is not available, Member States shall introduce the possibility to impose fines, the maximum amount of which shall be at least EUR 2 million. |
| Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them. |
Or. en
Amendment 434
Roman Haider
Proposal for a regulation
Article 25 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them. | Member States shall lay down the rules on penalties applicable to infringements of this Regulation. |
Or. de
Amendment 435
Nikolina Brnjac
Proposal for a regulation
Article 25 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them. | Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive and shall include the possibility either to impose fines through administrative procedures or to initiate legal proceedings for the imposition of fines, or both, the maximum amount of such fines being at least 4 % of the trader’s annual turnover in the Member State or Member States concerned. |
Or. en
Amendment 436
Merja Kyllönen
Proposal for a regulation
Article 25 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them. | In case of failure to comply with their obligations or misconduct, intermediaries will be subject to penalties. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them. |
Or. en
Justification
The industry strongly believes that enforcing a penalty system for intermediaries for failure to comply is essential to incentivise them to meet their obligations.
Amendment 437
Jan-Christoph Oetjen, Urmas Paet, Oihane Agirregoitia Martínez, Benoit Cassart, Marjan Šarec
Proposal for a regulation
Article 25 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them. | Intermediaries who fail to meet their obligations or engage in misconduct shall face penalties. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them. |
Or. en
Justification
An essential instrument for the effective enforcement of the rules for intermediaries.
Amendment 438
Stanislav Stoyanov
Proposal for a regulation
Article 25 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them. | Member States shall lay down the rules on penalties for infringements of this Regulation only for carriers and multimodal hub managers, without extending these obligations to intermediaries that are not carriers within the meaning of specialised transport legislation. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them. |
Or. en
Amendment 439
Kai Tegethoff
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 25 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that the following non-exhaustive and indicative criteria are taken into account for the imposition of penalties, where appropriate: | |
| (a) the nature, gravity, scale and duration of the infringement; | |
| (b) any action taken by the trader to mitigate or remedy the damage suffered by consumers; | |
| (c) any previous infringements by the trader; | |
| (d) the financial benefits gained or losses avoided by the trader due to the infringement, if the relevant data are available; | |
| (e) penalties imposed on the trader for the same infringement in other Member States in cross-border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394 of the European Parliament and of the Council; | |
| (f) any other aggravating or mitigating factors applicable to the circumstances of the case; | |
| (g) overall turnover by the trader. |
Or. en
Amendment 440
Kai Tegethoff
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 25 – paragraph 1 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| In case of non-compliance with the obligations laid down in Article 7, paragraph 4, Article 7a, paragraph 3, Article 8 paragraphs 5 and 5a, Article 10 paragraph 4, carriers and intermediaries shall be subject to periodic penalties equal to 1,5 % of the current daily turnover for each working day of non-compliance. |
Or. en
Amendment 441
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 25 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article25a | |
| Delegated act | |
| The Commission is empowered to adopt delegated acts in order to establish together with Multimodal Hub Managers, the general guidance on minimum connecting times between the different types of transport services offered in a multimodal journey as defined in article 5(2) and 5(3). |
Or. en
Amendment 442
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Article 27 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| By XXX [five years after the date of application pursuant to Art. 28], the Commission shall report to the European Parliament and the Council on the implementation and the results of this Regulation. | By XXX [five years after the date of application pursuant to Art. 28], the Commission shall make a report on the implementation of this Regulation to the European Parliament and the Council based in particular on reports from the national enforcement bodies and results from its inspections. The report shall, where necessary, be accompanied by appropriate legislative proposals. |
Or. en
Amendment 443
Roman Haider
Proposal for a regulation
Article 27 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| The report shall be based on information to be provided pursuant to this Regulation. | deleted |
Or. de
Amendment 444
Stanislav Stoyanov
Proposal for a regulation
Article 28 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| It shall apply from [1 year after entry into force]. | It shall apply from [3 years after entry into force], with the exception of Articles 7 and 9, which shall apply from [5 years after entry into force]. |
Or. en
Amendment 445
Jan-Christoph Oetjen, Urmas Paet, Benoit Cassart, Marjan Šarec
Proposal for a regulation
Annex II
| Text proposed by the Commission | Amendment |
|---|---|
| Minimum service quality standards | deleted |
| Information to passengers on their rights as required by this Regulation (in a transparent, accessible, non-discriminatory, effective and proportionate manner) and tickets | |
| Punctuality of services, and general principles to cope with disruptions to services | |
| Number of missed connections | |
| Percentage of missed connections | |
| Cleanliness of the means of passenger transport and the terminal facilities (air quality and temperature control inside, hygiene of sanitary facilities, etc.) | |
| Results of the customer satisfaction survey(s) | |
| Complaint handling | |
| i. the number of complaints, | |
| ii. types of complaints and | |
| iii. the outcome of complaints, | |
| iv. reimbursements and | |
| v. compensation for non-compliance with service quality standards | |
| Assistance provided to persons with disabilities and persons with reduced mobility (PRM) | |
| i. number of denied transport services for a PRM, and the reason for it; | |
| ii. their recognised assistance dog or their mobility equipment and the reasons for it, | |
| iii. number of cases related to the loss or damages of mobility equipment and their outcome, | |
| iv. number of cases where the carrier obliged a person with disability or reduced mobility to be accompanied by someone to comply with the safety requirements, | |
| v. discussions concerning this assistance with representative organisations and, where relevant, representatives of PRM | |
| vi. the implementation of the disability awareness and assistance training |
Or. en
Amendment 446
Jan-Christoph Oetjen, Urmas Paet, Benoit Cassart, Marjan Šarec
Proposal for a regulation
Annex II – title
| Text proposed by the Commission | Amendment |
|---|---|
| ANNEX II MINIMUM SERVICE QUALITY STANDARDS Information on safety provisions and restrictions applied Information on the rights under Chapter IV (in a transparent, accessible, non-discriminatory, effective, and proportionate manner): - requirements regarding accompanying recognised assistance dogs (in case of carriers) - conditions under which an accompanying person is re-quired - the accessibility of the means of transport used - the accessibility of the airport (in case of terminal managers) - the transport of mobility equipment - the complaints and compensation procedure for damaged equipment. |
Or. en
Justification
The service quality standards should not be subject to a reporting obligation, but to a duty to provide information. Otherwise, the administrative burden for companies will be disproportionate to the added value created. This amendment is related to the amendment in Art. 12 (7) and the deletion of Art. 17.
Amendment 447
Andreas Schieder, Sérgio Gonçalves
Proposal for a regulation
Annex II – paragraph 8 – point iv a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| iv a. number of cases where the assistance was not provided or was provided with delay, |
Or. en
Amendment 448
Kai Tegethoff
on behalf of the Greens/EFA Group
Tilly Metz
Proposal for a regulation
Annex II – paragraph 8 – point iv a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| iv a. number of cases where the assistance was not provided and the reason for it, |
Or. en
Amendment 449
Matteo Ricci
Proposal for a regulation
Annex II – paragraph 8 – point iv a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| iv a. number of cases where the assistance was not provided or was provided with delay, |
Or. en