On Thursday 25 July, the Finnish Presidency of the Council of the European Union brought a draft compromise to the table, of which EUROPE obtained a copy, concerning the redrafting of the Regulation (1371/2007) on rail passengers’ rights and obligations. This project is in line with the one borrowed in recent months by the former Romanian Presidency of the Council.
This document echoes the European Commission's proposal from September 2017 (see EUROPE 11872/6).
A first draft compromise was presented by Bucharest last April (see EUROPE 12242/5), but the discussions could not be concluded and a simple progress report was approved by Ministers from EU Member States at the Transport Council meeting last June (see EUROPE 12270/7).
Simultaneously at this meeting, the former Romanian Presidency of the institution sent delegations a second draft compromise, detailed in our columns, aimed at preparing future work on the matter (see EUROPE 12273/2).
This first text, which was brought to the table by the Finnish Presidency of the Council, is not revolutionary in view of the Bucharest recommendations. However, there are some changes.
First, it is suggested here that the provisions on the liability of railway undertakings for passengers and their luggage should apply to services provided solely for their historical interest or their tourist value, which was not the case in previous draft compromises. However, the other provisions would not apply to these services.
In addition, ticket vendors and tour operators with fewer than 10 employees and whose annual turnover or balance sheet is less than two million euros could be exempted from certain provisions relating to the provision of information to passengers.
Helsinki also provides more precise information on the conditions under which a bicycle could be transported on a train. It also provides that one or more tickets sold for a journey shall by default constitute a through-ticket, unless it is clearly indicated on the ticket(s) to the contrary and the passenger has been informed before purchase.
As regards the impact of a possible reasonably expected delay of more than 60 minutes on arrival (at the time of departure or in the event of a change that has not taken place) or of a cancellation, Helsinki is considering two changes compared to previous recommendations. If it is desirable for a passenger to be able to request a re-routing at their convenience in terms of timing, it should therefore not take place more than seven days after the initial scheduled departure. And the reimbursement of the ticket, which may also be requested by the passenger, should be made by the railway company within 14 days of receipt of the request.
Regarding the compensation component in the event of an actual delay, these would apply to re-routing and night trains, which had not been considered before.
Finally, when persons with disabilities and persons with reduced mobility need assistance to travel and it cannot be provided by the railway company or the station manager, Helsinki does not consider that the passenger's assistant can travel free of charge.
This draft compromise will be discussed by the experts of the Council's working party on ‘land transport’ after the summer recess. On 24 July, Sanna Marin, the Finnish Minister of Transport, told MEPs meeting in the European Parliament's ‘Transport’ Committee that she hoped to reach a political agreement ('general approach') in the Council in December (see EUROPE 12303/6).
In the European Parliament, in the absence of the potential prospect of an interinstitutional agreement on this text before the end of the last parliamentary term, MEPs adopted their position at the first reading last November (see EUROPE 12138/7). (Original version in French by Lucas Tripoteau)