Changes from report parliamentary committee draft to plenary report

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ChangedArticle 5 – paragraph 1 – point -1 a (new), Article 3 – paragraph 1 – point 22 b (new): (-1a) Inin Article 3,3(1), the following definitionpoint is added:added : / (22b)"(22b) ‘service quality standards’ means key performance indicators measuring howlevels passengerof rightsperformance areand implemented.”elements of compliance with passengers rights.”

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ChangedArticle 5 – paragraph 1 – point -1 b (new), Article 183 – paragraph 1 – point c a22 new:c (-1(new): b)(-1b) Inin Article 18, paragraph 1,3(1), the following point is added:added : / (ca)"(22c) send‘accessible automaticallyformat’ means a format that gives a person with disabilities or with reduced mobility access to passengersany therelevant commoninformation, formincluding forallowing reimbursementsuch anda compensationperson requeststo have access to such information as easily and comfortably as a person without any impairments or disabilities, and that meets accessibility requirements defined in paragraphaccordance 6with the applicable law, in particular with Annex I to Directive (EU) "

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ChangedArticle 5 – paragraph 1 – point -1 c (new), Article 2818 – paragraph 31 – point c a (new): (-1c) In Article 28,18(1), the following paragraphpoint is inserted:added: / 3a.‘(ca) Wherecommunication thein raila undertakingclear invokesand extraordinarycomprehensive circumstances,manner, itwithout shall,delay inor itsautomatically answer,by informelectronic themeans, passengereither of the specificcommon circumstancesform responsibleor fora thehyperlink cancellationproviding orfull delay.information Theand raildetails undertakingon shallrail alsoundertaking' showrespective thatwebsite itor tookabout allits reasonableown measurescompensation tosystems avoidupon the cancellationpassengers' eligibility for a refund or delay.compensation under this Regulation.’

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RemovedArticle 5 – paragraph 1 – point 1, Article 30a – paragraph 1: Where information under this Regulation is provided to passengers by electronic means of communication, railway undertakings, station managers, ticket vendors and tour operators shall ensure that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. The burden of proof concerning the questions as to whether and when they have provided the necessary information to passengers shall rest with railways undertaking, station managers, ticket vendors and tour operators. All means of communication shall enable the passenger to contact them quickly, free of charge, and communicate efficiently.;

AddedArticle 5 – paragraph -1 d (new), Article 28 – paragraph 2: (-1d) In article 28, paragraph 2 is replaced by the following: / ‘2. Passengers may submit a complaint to any railway undertaking or station manager regarding their respective fields of responsibility via the mechanisms referred to in paragraph 1. Such a complaint shall be submitted within one year of the incident that it concerns. Within one month of receiving the complaint, the addressee shall either give a reasoned reply or, in justified cases, inform the passenger that he or she will receive a reply within a period of less than three months from the date of receipt of the complaint. Railway undertakings and station managers shall keep the data necessary to assess the complaint for the duration of the entire complaint-handling procedure, including the complaint-handling procedures referred to in Articles 33 and 34, and shall make that data available to national enforcement bodies upon request.’

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RemovedArticle 5 – paragraph 1 – point 1 a (new), Article 32 – paragraph 2 a (new): (1a) In Article 32, the following paragraph is inserted: / 2a. Member States shall ensure that their respective National Enforcement Bodies are given sufficient power to penalise effectively with infringements. National Enforcement Bodies shall be able to take enforcement actions based on individual complaints as defined in Article 28.

AddedArticle 5 – paragraph -1 e (new), Article 28 – paragraphs 3: (-1e) In article 28, paragraph 3 is replaced by the following : / 3. Details of the complaint-handling procedure shall be accessible to the public, including to persons with disabilities and to persons with reduced mobility in accessible format. This information shall be available at least in the official language or languages of the Member State in which the railway undertaking is operating and in the language internationally accepted in this field.

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ChangedArticle 5 – paragraph 1 – point 1-1 bf (new), Article 3228 – paragraph 23 ba (new): (1b)(-1f) In Article 32,28, the following paragraph is inserted: / 2b. Railway undertaking shall3a. provideWhere the National Enforcement Body with comprehensiverail informationundertaking regardinginvokes extraordinary circumstances and the occurrence of technical issues, including the specific reasons for such circumstances. This information shall be provided withincircumstances, 48it hoursshall, followingin travelits disruption.answer, Ininform the eventpassenger thatof the railway undertaking invokes extraordinaryspecific circumstances as a justificationresponsible for refusing compensation under this Regulation, the carrier shall substantiate itscancellation claimor bydelay. providingThe adequaterail evidence.undertaking Furthermore,shall thealso carriershow shallthat demonstrateit thattook all reasonable measures were taken to preventavoid the cancellation or delay of the train in question.delay.

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RemovedArticle 5 – paragraph 1 – point 2, Article 32a – title: Tasks of national enforcement bodies related to the monitoring of compliance with passenger rights

AddedArticle 5 – paragraph 1 – point 1, Article 30a – paragraph 1: Where information under this Regulation is provided to passengers by electronic means of communication, railway undertakings, station managers, ticket vendors and tour operators shall ensure that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. The burden of proof concerning the questions as to whether and when they have provided the necessary information to passengers shall rest with carriers, terminal operators, travel agents and ticket vendor. All means of communication shall enable the passenger to contact them quickly and communicate efficiently;

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RemovedArticle 5 – paragraph 1 – point 2, Article 32a – paragraph 4: 4. Compliance monitoring activities shall be carried out by means of audits, inspections, interviews, verifications and examination of documents and discussions as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified.

AddedArticle 5 – paragraph 1 – point 1 a (new), Article 32 – paragraph 2 a (new): (1a) In Article 32, the following paragraph is inserted: / "2a. Member States shall ensure that their respective National Enforcement Bodies are given sufficient power to penalise effectively with infringements. National Enforcement Bodies shall be able to take enforcement actions based on individual complaints as defined in Article 28."

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RemovedArticle 5 – paragraph 1 – point 2, Article 32a – paragraph 5 a (new): 5a. If action plans are deemed insufficient, or if non-compliance necessitates an immediate action, National Enforcement Bodies may take enforcement actions as defined in Article 33.

AddedArticle 5 – paragraph 1 – point 1 b (new), Article 32 – paragraph 2 b (new): (1b) In Article 32, the following paragraph is inserted: / ‘2b. Railway undertaking shall provide the National Enforcement Body with comprehensive information regarding extraordinary circumstances and the occurrence of technical issues, including the specific reasons for such circumstances. This information shall be provided within 48 hours following travel disruption. In the event that the railway undertaking invokes extraordinary circumstances as a justification for refusing compensation under this Regulation, the carrier shall substantiate its claim by providing adequate evidence. Furthermore, the carrier shall demonstrate that all reasonable measures were taken to prevent the cancellation or delay of the train in question.’

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ChangedArticle 5 – paragraph 1 – point 2 a (new), Article 32a a (new): (2a) theThe following Article 32aa is inserted: / Article 32aa / Inspections of national enforcement bodies / 1. The Commission shall conduct inspections of national enforcement bodies in order to monitor the application by Member States of the Regulation and to make recommendations to improve its enforcement. / 2. The Commission shall in good time before an inspection inform the Member State concerned thereof. / 3. Each Commission inspection report shall be communicated to the national enforcement authority of the Member State concerned, which shall, in its answer, set out the measures taken to remedy the non-compliances identified and address the recommendations. / 4. The report, together with the answer of the national enforcement body, shall subsequently be communicated to the national enforcement bodies of the other Member States, where appropriate.appropriate

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ChangedArticle 5 – paragraph 1 – point 2 ba (new), Article 33 – paragraph 2 a (new): (2 b)(2a) In Article 33, the following paragraph 2a is inserted: / 2a."2a. National Enforcement bodies or any other body designated under paragraph 2 shall be able to deal with individual passenger complaints and be granted, at least, with the minimum investigative and enforcement powers defined in article 9 of the Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004. / National Enforcement Bodies’ or any other body designated under paragraph 2 decisions shall be binding on both parties and enforceable, without prejudice to the right of parties to access the judicial system. "

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ChangedArticle 5 – paragraph 1 – point 3, Article 34a – paragraph 2 a (new): 2a. The Commission shall support dialogue and promote cooperation between Member States concerning national interpretation and application of this Regulation through the Committee referred to in Article 38.16a.

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ChangedArticle 5 – paragraph 1 – point 3, Article 34a – paragraph 2 b (new): 2b. At the request of a Member State, a National Enforcement body, or on its own initiative, the Commission shall examine cases where differences in the application and enforcement of any of the provisions of this Regulation arise. / Member States shall provide annually a report on their activities to the Commission, at the latest at the end of April of the following calendar year. The Commission may decide on the issues to be addressed in these reports via implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 16c.

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AddedArticle 5 – paragraph 1 – point 3, Article 34a – paragraph 2 c (new): 2c. The Commission may, where appropriate, adopt guidelines with a view to promote common application and, where necessary, propose amendments to this Regulation to the European Parliament and Council under article 27 of this Regulation.

AddedRegulation (EU) No 2021/782

Article 5 – paragraph 1 – point 3 a (new), Article 39: (3a) Article 39 is replaced by the following: / "Article 39 / Every five years the Commission shall make a report on the implementation of this Regulation to the European Parliament and the Council based in particular on reports from the national enforcement bodies and results from its inspections. / The report shall, where necessary, be accompanied by appropriate legislative proposals."

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Change 134

RemovedArticle 5 – paragraph 1 – point 3 b (new): (3b) Annex III is amended in accordance with Annex IVa to this Regulation.

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Regulation (EC) No 261/2004

Change 135

RemovedAnnex I a (new), Annex II a (new): ANNEX IIa / Exhaustive list of circumstances capable of being considered as extraordinary circumstances for the purposes of this Regulation. / 1. The following circumstances shall be capable of being considered as extraordinary: / i. natural disasters rendering impossible the safe operation of the flight; / ii. technical problems afflicting the aircraft which are directly caused by a hidden manufacturing defect formally acknowledged as such by the manufacturer or a competent authority and that arose during the maintenance check preceding the flight or after the aircraft has been released to service, which impinges on flight safety; / iii. collision between an aircraft and a bird and any damage caused by such a collision ; / iv.war, political unrest, acts of sabotage or terrorism rendering impossible the safe operation of the flight; / v. health risks or medical emergencies necessitating the interruption or deviation of the flight concerned; / vi.unruly behaviour of a passenger which causes the pilot in command of the aircraft to divert the flight concerned to an airport other than the airport of arrival in order to disembark this passenger or passengers and their baggage ; / vii. unforeseen air traffic management restrictions or the unforeseen closure of the airspace, including runway closures by the authorities; / viii. shortage of staff at the airport providing baggage loading services; / ix. meteorological conditions incompatible with flight safety or that have damaged the…

AddedAnnex I – paragraph 5, Annex II – paragraph 5: deleted

Change 136

ChangedRegulation (EU)(EC) No 1107/2006261/2004

Change 137

RemovedAnnex II, Annex III – paragraph 4 – point d a (new): (da) number of cases where the assistance was not provided or was provided with delay,

AddedAnnex I a (new), Annex II a (new): Annex IIa / Exhaustive list of circumstances capable of being considered as extraordinary circumstances for the purposes of this Regulation. / 1. The following circumstances shall be capable of being considered as extraordinary: / i. natural disasters rendering impossible the safe operation of the flight; / ii. technical problems afflicting the aircraft which are directly caused by a hidden manufacturing defect formally acknowledged as such by the manufacturer or a competent authority and that arose during the maintenance check preceding the flight or after the aircraft has been released to service, which impinges on flight safety; / iii. collision between an aircraft and a bird and any damage caused by such a collision ; / iv. war, political unrest, acts of sabotage or terrorism rendering impossible the safe operation of the flight; / v. health risks or medical emergencies necessitating the interruption or deviation of the flight concerned; / vi. unruly behaviour of a passenger which causes the pilot in command of the aircraft to divert the flight concerned to an airport other than the airport of arrival in order to disembark this passenger or passengers and their baggage ; / vii. unforeseen air traffic management restrictions or the unforeseen closure of the airspace, including runway closures by the authorities; / viii. shortage of staff at the airport providing baggage loading services; / ix. meteorological conditions incompatible with flight safety or that have damaged t…

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ChangedRegulation (EU)(EC) No 1177/20101107/2006

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ChangedAnnex III,II – paragraph 3 – point d a (new), Annex VIII – paragraph 84 – point d a (new): (d a)(da) number of cases where the assistance was not provided or was provided with delay,

Change 140

AddedRegulation (EC) No 1177/2010

AddedAnnex III – paragraph 3 – point d a (new), Annex V – paragraph 8 – point d a (new): (da) number of cases where the assistance was not provided or was provided with delay,

AddedRegulation (EC) No 1177/2010

AddedAnnex III – paragraph 5, Annex V – paragraph 3: deleted

Regulation (EU) No 181/2011

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RemovedAnnex IV, Annex III – paragraph 8 – point d a (new): (da) (d new) number of cases where the assistance was not provided or was provided with delay,

AddedAnnex IV – paragraph 5, Annex III – paragraph 3: deleted

AddedRegulation (EU) No 181/2011