European Deputies demand improved legislation on passengers’ rights

Every year, millions of Europeans travel in the EU and outside its border by plane, train, bus and ships. As passengers, they have certain rights. But many times, these rights are little known or even ignored. At the end of October, the European deputies signed a report on the consolidation of the passengers’ rights stressing the obligation of companies to better inform passengers.

A single draft regulation on the rights of passengers, for all transport modes, has to be achievable on the medium term and it is essential to promote intermodality. Currently, there are no premises for this. That is why, Rapporteur Georges Bach, the initiator of this project, demands the Commission to propose corresponding guidelines on condition that these guidelines would not diminish the rights of passengers as far as the diversity of transport modes is concerned.
For railway transport, Regulation 1371/2007 (in force since 2009) has brought significant improvements as regards the protection of passengers and their luggage in case of delays and accidents. In international railway transport, as of 2010, companies have to return 25% of the ticket value for one hour of delay and 50% for two hours. Other rights refer to the people’s safety in railway stations and trains, guaranteed assistance, information and maximum accessibility of rail stations and trains for low-mobility people. The availability of travel tickets and the transport of bicycles are also regulated. The regulation on railway transport is applicable to all transport companies in the EU, but acknowledges the possibility that member states would exclude for another 15 years certain services from the application of the rights of passengers in national, regional and urban transport.
“In case of railway transport, 50% of all problems result from delays and delayed connections, but there are also damages and a lack of information, not only when travelling by train, but also in railway stations. It is also mentioned the assistance deficit for disabled people or low-mobility people. As compared to air transport, railway companies and control authorities answer to information requirements and complaints in just 15% of situations”, points out Rapporteur Bach in the recitals of the single draft regulation on the rights of passengers.
“Passengers have to be better informed and online prices have to be transparent. We only need a single regulation on the rights of passengers and this is our medium-term objective”, declared Bach adding that he recommended the creation of passenger information points in departure and arrival areas and a single form for complaints.
However, three years after the entry into force of the Regulation (EC) 1371/2007 on rail passengers’ rights and obligations, railway undertakings have effectively implemented most of the requirements of Regulation (EC) 1371/2012. This is the main result of a study the European Commission commissioned Steer Davies Gleave. In turn, the European Commission is preparing its implementation report on the PRR Regulation, due to be published next year and to be followed by draft guidelines for the implementation of the Regulation later in 2013.
Furthermore, the study underlines that requirements to provide compensation, rerouting or refunds, and assistance to passengers in the event of travel disruption had also been effectively implemented in many respects. The same positive results concern the requirements of providing assistance for disabled passengers and persons with reduced mobility (PRMs). The study outlines that some railway undertakings even provide a better service than the Regulation requires.
According to the study elaborated by Steer Davies Gleave, published in mid-November, the main requirement which has not been implemented effectively is the requirement to publish service quality reports on the website of the European Railway Agency (ERA). However, CER does not fully agree with this finding. According to an analysis made by CER, today, more than 40 rail companies representing about 75% of passenger traffic across the EU have published their quality reports on the ERA website.
At the beginning of October, CER and the International Rail Transport Committee (CIT) have published the ‘Rail’s Sector’s own Report on the implementation of Regulation 1371/2007’, indicating the measures taken based on the Rail PRR as well as best practices going beyond the requirement of the Regulation. The report confirms the positive outcome described in the Steer Davies Gleavestudy. The study, elaborated at the demand of the European Commission, was elaborated based on the data and information provided by 17 member states of the European Union: Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Hungary, Italy, Lithuania, Netherlands, Poland, Portugal, Romania, Spain, Sweden and Great Britain. Libor Lochman, CER Executive Director, stated: “The outcome of the Steer Davies Gleave study demonstrates how well the European railways have generally managed to cope with customers’ expectation. Railways are not only delivering what regulations require, but go beyond, reaching out to citizens in a real spirit of service and with a full consciousness of their social responsibility. The rail sector’s work on passengers’ rights show that railways do not necessarily need regulation to deliver. They simply do it because it is part of their traditional commitment. Let’s hope that in trying to reshape the framework within which the railways are operating, the European legislator will be wise enough to make sure that this spirit of service to the community is preserved.”

[ by Elena Ilie ]
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