MEPs, meeting in plenary session of the European Parliament, largely adopted (533 votes in favour, 37 against, 47 abstentions), on Thursday15 November, the report by Bogusław Liberadzki (S&D, Poland) on the revision of Regulation 1371/2007 on the rights and obligations of rail passengers, taking care to exclude the possibility for railway companies to exonerate themselves from their liability when they have “proof of the existence of extraordinary circumstances” responsible for a disruption.
This item on extraordinary circumstances was one of the main elements of this vote in plenary session, which followed the vote of Parliament's ‘transport’ committee in early October (see EUROPE 12113).
While Parliament negotiators had wanted to exclude cases of 'force majeure' allowing a carrier to exonerate itself from liability in the event of disruption in passenger travel, two amendments tabled by Georges Bach (EPP, Luxembourg) going the opposite direction were then voted separately in the parliamentary committee. The expression 'extraordinary circumstances' was then used.
But the two amendments in question were rejected by a very large majority (margin of more than 200 votes).
In addition, while Parliament's ‘transport’ committee had stated its support for the possibility for Member States to exclude urban and suburban passenger services from the application of the revised provisions “except of cross-border services within the Union", Parliament had stated its support for limiting the exclusion to urban passenger services (again with the exception of these cross-border services) on this point. Clearly, no derogation could be granted for suburban services.
The definition of 'missed connection' has also been extended, allowing passengers with several transport contracts to benefit from more rights. Just as the rights concerning combined journey are extended here in relation to the vote of the Parliament's ‘transport’ committee.
For the rest, the recommendations voted by Parliament in plenary session are the same as those approved by the parliamentary committee.
While Parliament's position is now validated, the inter-institutional negotiations ('trilogues') with the EU Council are not about to start. A simple progress report will be validated at the Transport Council on 3 December.
Reactions. Mr Liberadzki, whose attitude during the negotiations on the text had been pointed out by the shadow rapporteurs, expressed his satisfaction after the vote. "This is a big improvement for consumer rights. We not only raise compensation and strengthen the rights for persons with disabilities or limited mobility, but we also increase the protection for consumers who buy multiple tickets for a journey", he said.
“Thanks to this dossier, rail transport will become the mode of transport with the best quality of service in Europe and European passengers will benefit from the best rail service in the world", said Renaud Muselier (EPP, France), very active on the dossier.
The Community of European Railway and Infrastructure Companies (CER), representing railway companies, regretted in a press release the Parliament vote, particularly in view of the exceptional circumstances. The organisation points out the lack of coherence between the rights of rail, air and coach passengers. (Original version in French by Lucas Tripoteau)