Brussels, 17/12/2009 (Agence Europe) - On Thursday 17 December, member states managed to come to a political agreement on the subject of bus and coach passengers' rights, providing for the possibility of excluding urban, suburban and regional transport services from the scope of the text. These services will, as proposed by the Netherlands, meet certain basic requirements such as the obligation of non-discriminatory transport and the right to carry persons with disabilities and reduced mobility. The result of official debates, the agreement is a delicate balance between passengers' interests, that no-one challenges, and the interests of transporters. It also aims to ensure equal conditions between different transport sectors, in particular between road and rail. As in the rail sector, where legislation concerning passengers' rights took effect on 3 December, the text negotiated provides for long periods of transition for national services and on certain international routes. It disadvantages, however, coach and bus passengers compared to passengers on other modes of transport, which means discussion with the European Parliament will be heated and there will be discontent at the Commission.
“Despite reservation”, the latter has nonetheless shown it is willing to accept the compromise in order to deliver a powerful message to European citizens, Antonio Tajani, Transport Commissioner, said after the debate. He specified that he would join a statement to the agreement “in which the Commission will express doubts”. Germany, which defended the principle of subsidiarity concerning local transport, felt the compromise was not truly satisfactory, said Transport Minister Peter Ramsauer. During the morning, Mr Ramsauer, whose country was keen for passengers' rights not to be used as a pretext for promoting any one form of transport, stressed that “provisions concerning responsibility (in the event of accident) should not extend to local services”. “In the future, we shall ensure there is respect for the principle of subsidiarity”, he warned, calling on the Commission to carry out an impact assessment on introducing new provisions on local transport. The United Kingdom, the Netherlands, Lithuania, Ireland, Denmark, Spain, Slovenia, Slovakia, the Czech Republic and Estonia also preferred that the draft regulation should only apply to long distance transport services. Greek Transport Minister Demitrios Repas hoped to move along the lines of a compromise but acknowledged the importance of the mode of transport in question which, in many countries, he said, was the most used method of transport and the least costly. On the other hand, the Austrian delegation was in favour of the “broadest scope possible”. Austrian Transport Minister Doris Bures also regretted the fact that the compromise negotiated had deleted all the provisions on the carriers' strict responsibility (as is the case in air and rail transport and which provides for the operator, independently of whether the operator is at fault or not, to cover the costs of accident not exceeding certain amounts).
As negotiated, the agreement fixes a general scope (all regular transport services) with the possibility of exemption at national level of urban, suburban and regional transport services that will have to comply with the basic provisions. A transitional maximum 15-year period (5 years renewable twice) for national transport services and a derogation of a maximum of 10 years (5 years, renewable once) for regular services to countries outside the EU (for example, Finland, Norway). In the event of delay of over two hours or cancellation of the journey, the passenger may choose to continue the journey using the same mode of transport, or call for a transfer or the reimbursement of his/her ticket (paid within 14 days after the event and, if necessary, a return trip free of charge). Unlike maritime and rail passengers, bus and coach passengers will not benefit from additional indemnities (paid in addition to the price of the ticket). In the case of delay of more than two hours on journeys lasting over three hours, the carrier will be under an obligation to give passengers a meal or refreshments but will not be under an obligation to provide accommodation although the carrier must assist in finding accommodation.
The road sector has also benefited from lighter provisions concerning the transport of persons with disabilities or with reduced mobility (EUROPE 10042). Unlike other modes of transport, the relevant authorities will not be compelled to provide assistance to persons with reduced mobility in all stations but the bus and coach personnel should have received adequate training allowing them to assist such persons. The Council also preferred not to introduce a uniform regime of responsibility. In the event of accident, the carrier's responsibility will be governed by national legislation, but indemnities guaranteed in the event of death, injury or loss or damage of luggage should correspond to the minimum ceilings established by the minimum compensation agreement (€220,000 per passenger for death or injury, €500 per item of luggage for local and occasional transport services and €1200/item of luggage on other lines). The carrier must meet the concrete and immediate needs after the accident (emergency care, accommodation, food, clothing and transport) and fully pay for damage caused to wheelchairs or other disability equipment. (A.By/transl.jl)