Brussels, 09/10/2009 (Agence Europe) - Transport ministers, meeting in Luxembourg on Friday 9 October, reached political agreement on the draft regulation establishing the rights of maritime and inland waterway passengers. To accommodate the demands by Germany (backed by Cyprus and Greece, and thanks to the spirit of compromise from the Dutch delegation), the agreement reached by member states introduces a temporary exemption (see below) from the scope of the text for vessels of less than 300 gross tonnage (GT) navigating on national inland waterways. To reassure states like Greece, Malta and Italy which were concerned about the financial effect on their navigators, in particular the small and medium-sized enterprises (SMEs), the text sets a maximum amount of €120 per passenger that the carrier should have to pay for passenger accommodation in the event that a journey has to be cancelled.
After a lively debate that saw Germany, the European Commission, Greece, Italy and Malta pitted against the other delegations which supported the compromise prepared by the Swedish Presidency (see EUROPE 9992), the Council managed to agree on the draft text harmonising the rights of passengers travelling by boat. The amendments brought do not change the substance of the Commission's initial proposal which seeks to ensure that every passenger (irrespective of the form of transport taken) has a right to be informed, to assistance and to compensation in the event of delay or cancellation of the trip, and to grant the right to lodge a complaint and guarantee non-discriminatory access to the form of transport. However, they clarify a number of the provisions in the text in order to balance, the Council says, the rights of passengers, including those with reduced mobility, and the needs of the shipping companies. Scope. As provided for by the Council, the regulation should apply to Community shipping companies carrying passengers by sea and by inland waterway within and to the EU and on cruises. The draft compromise prepared by the Swedish Presidency excluded from the scope of the text vessels certified to transport fewer than 36 passengers, those with crews of fewer than three members which were travelling distances of less than 500 metres one-way. Sightseeing tours and tourist trips, other than cruises, equally do not fall within the scope. At the request of Germany, the Council brought in a temporary exemption, for two years from the date of the regulation's coming into force, for vessels of less than 300 GT, rather than those of less than 500 GT as originally proposed, sailing on national waterways and on condition that national law provides “adequate” protection of passengers' rights. The coming into force of the regulation was postponed, at the request of Italy, from two to three years after adoption of the regulation, so that, with the exemption period, companies will have five years to prepare for the application of the new rules. Member states will also be able to exempt services that come under the public service obligation or that are covered by public contracts, but only if national legislation can provide protection of passengers' rights. Assistance. The Council introduced a raft of amendments to the requirement to provide assistance for passengers in the event of delay or cancellation of a trip. However, unlike air or rail passengers, maritime passengers will have a premium (of between 25% and 50% of the value of the ticket, in addition to reimbursement of the cost of the ticket) if the trip is delayed or cancelled. As provided for in the initial proposal, the draft regulation requires shipping companies to provide snacks, meals or refreshments if a journey is cancelled or delayed by more than 120 minutes. If the journey is cancelled, or if the situation requires it, the company will be required to provide one night's accommodation for passengers, unless the cancellation was due to weather conditions that would put the vessel at risk, or was the fault of the passenger (the agreement thus removes, in spite of Greece's strong protests, the exemption for the carrier for cancellations due to exceptional circumstances). Nevertheless, on the basis of the proposal put by the Commission, the cost of accommodation will have a ceiling of €120 per passenger. The carrier will not be required to compensate passengers if the journey is delayed or cancelled as a result of exceptional circumstances, such as the outbreak of war or other hostilities, labour disputes, the transport of an ill or deceased person, research or rescue activities, decisions imposed by the authorities. The draft also ensures the right to free assistance for persons with reduced mobility (this was backed in particular by the Netherlands) and requires crews to be trained in the provision of this assistance. The Council kept the provisions that allow passengers to bring a complaint against carriers and require member states to put in place bodies responsible for the enforcement of the regulation. It will now be up to the newly elected European Parliament to debate and vote on the text (the first reading vote took place in April). Welcoming the agreement negotiated, Swedish Infrastructure Minister and President in office of the Council Asa Torstensson said that the text would be “the basis for future discussion”. The Council reached agreement on a text that was “close to my heart” said Transport Commissioner Antonio Tajani, reiterating that security, safety and the protection of its citizens were the priorities of the Commission. (A.By./transl.rt)