Brussels, 06/07/2010 (Agence Europe) - With approval of the report by Ignes Ayala Sender (S&D, Spain) on Tuesday 6 July, MEPs signed up to the trialogue agreement relating to the strengthening of boat passengers' rights (see EUROPE 10170). They nonetheless refused the similar draft agreement applying to the rights of bus and coach passengers, opposing in second reading the Council's draft regulation reached last December (see EUROPE 10043). Approved by a large majority, the report by Antonio Cancian (EPP, Italy) extends the scope of the text (by introducing regional transport services), shortens the time for transposition (three years renewable once rather than five years renewable three times as the Council had advocated) and does away with the exemptions imposed on national transport services. The first conciliation meeting is scheduled for November.
Maritime passengers' rights. The regulation, which should take effect two years from now, harmonises legislation on boat passengers' rights either at sea or on inland waterways, and introduces a series of provisions aimed at bringing the rights of boat passengers into line with the legislation already existing in the air and rail sector. It introduces a guarantee of reimbursement or completion of the journey by other means in the case of cancellation or delays of over 90 minutes, and adequate assistance in similar cases (where necessary, passengers will have the right to accommodation costing up to €80 per night for a maximum of three nights). The text also provides for compensation of between 25 to 50% of the price of the ticket in the event of late arrival or cancellation of the journey, and ensures that persons with disabilities or persons with reduced mobility do not suffer from discriminatory treatment. It is a matter of creating a “common market of passengers' rights”, Ayala Sender stressed during the debate preceding the vote, although Eva Lichtenberger (Greens, Austria), speaking on behalf of her group, deplored the fact that the text does not apply to the port sector. “Passengers will have rights on the boat but not in the port”, the MEP said. Transport Commissioner Siim Kallas underlined the need to ensure that all passengers receive high quality services, especially regarding information and punctuality. In the press release published after the vote, he said he hoped the regulation concerning the rights of bus and coach passengers would be swiftly adopted.
Bus and coach passengers' rights. “Member states do not want this regulation”, said Cancian prior to the vote, stressing the fact that the regulation required a “balanced solution” between passenger protection and protection of the sector, especially small and medium-sized enterprise. “It would not be serious to apply the text to take effect within 15 years with reference to no more than 20% of bus transport”, he said. The Parliament trusts, among other things, that the regulation will apply to all regular bus and coach passenger services, except urban and suburban transport. The regional services, that the Council would like to see excluded from the scope of the regulation, may, MEPs say, be exempted if they are part of the services integrated into the urban and suburban services. In order to identify these regular urban, suburban and regional transport services, the member states should take into account criteria such as the administrative division, the geographical location, frequency and the distance between stops. The Parliament suggests entry into force should be three years renewable once only instead of five years renewable three times. The vote also does away with the possibility of temporary exemption of regular national transport services introduced by member states. It makes it an obligation to provide the carrier with assistance in the event of accident and to make advance payments that would cover the cost of the immediate needs of passengers (for example, first aid, accommodation, food and funeral costs). Re-routing for continuing the journey (without extra cost) or reimbursement of the ticket should be applicable in the event of cancellation or delay exceeding two hours. Further compensation amounting to up to 50% of the ticket price would be guaranteed if the bus or coach company is unable to foresee a way of re-routing. Passengers should also benefit from free transport to an appropriate point where they can wait should the bus or coach in which they were travelling be immobilised. In the event of loss or damage to luggage, the carrier should pay a compensation of up to €1,800 per passenger (€1,300 per passenger for damage to hand luggage or personal affairs in the event of accident). In the case of death caused by the accident, the carrier's financial liability should be unlimited, the Parliament states. It rejected, however, the amendment providing for compensation (25% to 50% of the price of the ticket in case of delay at arrival of the bus or coach). (A.By./transl.jl)