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Europe Daily Bulletin No. 10041
Contents Publication in full By article 28 / 34
GENERAL NEWS / (eu) eu/transport

Rights of bus and coach passengers on agenda of next Transport Council

Brussels, 15/12/2009 (Agence Europe) - The Transport Council on 17 December is due to resume examination of the draft regulation on bus and coach passenger' rights and seek to reach a political agreement on this complex dossier, establishing a civil responsibility system for carriers, a scheme that has not existed to date at European level. Presented by the Commission in December 2008 at the same time as a similar proposal concerning the maritime sector, the draft regulation aims to harmonise the fundamental rights of passengers using these two modes of transport by aligning them to those which already exist for air and rail transport (EUROPE 9797). Delegations are, in particular, to seek a compromise between those who wants the scope to be limited to national and international regular services (Germany, UK and the Netherlands especially) and those that prefer a general system with the possibility of exemption for some services. The Presidency's proposal, on the other hand, provides for the regulation to apply to national or international regular transport services (except special services and those for one's own account) with possibility of exemption at national level of urban, suburban and regional transport services. Certain basic rights such as non-discrimination, compensation and assistance in case of accident, loss or damage to luggage, should be applicable to all services. Member states with better legislation or a better system for the protection of persons with disabilities or reduced mobility would be free to maintain them. On the subject of assistance and compensation in event of accident, the Presidency provides minimum compensation thresholds per passenger and per item of luggage (€220,000 per passenger in event of death or injury; for the loss or damage of luggage, €500 in the case of urban, suburban and regional transport, and €1200 for other regular services). In its initial proposal, the Commission had opted for a broader scope (all regular services with the possibility of exemption for services covered by regional, suburban and urban public service contracts) and a regime of strict responsibility (the carrier would have to compensate damage of up to €220,000 irrespective of whether it was the carrier's fault or not). (A.By./transl.jl)

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