Legal provisions of COM(2023)753 - Amendment of Regulations (EC) No 261/2004, (EC) No 1107/2006, (EU) No 1177/2010, (EU) No 181/2011 and (EU) 2021/782 as regards enforcement of passenger rights in the Union - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2023)753 - Amendment of Regulations (EC) No 261/2004, (EC) No 1107/2006, (EU) No 1177/2010, (EU) No 181/2011 and (EU) 2021/782 as ... |
|---|---|
| document | COM(2023)753 |
| date | November 29, 2023 |
Article 1
Amendments to Regulation (EC) No 261/2004
Regulation (EC) No 261/2004 is amended as follows:
(1) in Article 2, the following definition is added:
‘(z) ‘intermediary’ means any ticket vendor, organiser or retailer as defined in points (8) and (9) respectively of Article 3 of Directive (EU) 2015/2302 other than a carrier.’;
(2) the following Article 8a is inserted:
‘Article 8a
Reimbursement when the ticket was booked through an intermediary
1. Where the passenger has bought a ticket through an intermediary, the operating air carrier may make the reimbursement referred to in Article 8(1) point (a) through that intermediary in accordance with this Article.
2. The intermediary and the air carrier shall inform the passenger of the reimbursement process as provided for in this Article in a clear, comprehensible and easily accessible manner at the time of booking and on the booking confirmation.
3. Reimbursement through the intermediary shall be free of charge for passengers and all other parties concerned.
4. The air carrier shall state publicly, in a clear, comprehensible and easily accessible manner, whether it agrees to process reimbursements through intermediaries, and with which intermediaries it accepts to do so.
5. The following rules shall apply in the case of reimbursement through intermediaries which have paid the air carrier for tickets from their own accounts:
(a) the air carrier shall reimburse the intermediary within seven days, in one transaction through the same payment method which was used at the time of booking, and linking the payment to the original booking reference. The seven-day period shall start on the date of the passenger’s choice of a reimbursement in accordance with Article 8 (1) (a), first indent. The intermediary shall reimburse the passenger via the original payment method, at the latest within a further seven days, and inform the passenger and the air carrier thereof.
(b) if the passenger does not receive the reimbursement within 14 days as of the date of choosing a reimbursement in accordance with Article 8 (1) (a), first indent, the operating air carrier shall contact the passenger at the latest on the day following the expiry of the 14-day period in order to receive the payment details for the reimbursement. Upon receipt of these payment details, the operating air carrier shall reimburse the passenger within seven days and inform the passenger and the intermediary thereof.
6. This Article shall not affect any obligations of operating air carriers under Directive (EU) 2015/2302.’;
(3) the following Article 14a is inserted:
‘Article 14a
Transfer of information
1. The information for passengers under this Regulation shall be provided also by electronic means, where technically possible. Where information is provided by such means, air carriers and intermediaries shall ensure that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. All means of communication shall enable the passenger to contact them quickly and to communicate effectively.
2. Where the passenger does not acquire a ticket directly from the air carrier, but through an intermediary, this intermediary shall provide the contact details of the passenger and the booking details to the air carrier. The air carrier may only use these contact details to the extent necessary to comply with its information, provision of care, reimbursement, re-routing and compensation obligations under this Regulation and to fulfil the air carrier’s obligations under applicable Union law on aviation safety and security and to provide information to passengers on the operating carrier in accordance with its obligations under Chapter III of Regulation (EC) No 2111/2005.
3. The carrier shall delete the contact details within 72 hours after the completion of the contract of carriage unless further retention of the contact details is justified to fulfil obligations in respect of the passenger’s right to re-routing, reimbursement or compensation.
4. Where an intermediary acquires a ticket on behalf of a passenger, the intermediary shall inform the air carrier at the time of booking about the fact that it has booked the ticket as an intermediary. It shall provide the air carrier with its own postal and electronic contact details. If the intermediary requests to receive the information which the passenger receives from the air carrier to fulfil its obligations in accordance with paragraph 2, it shall inform the air carrier thereof and the air carrier shall provide the information under paragraph 2 simultaneously to the intermediary and to the passenger.
5. The air carrier shall provide the possibility for the intermediary to transmit and to request the information under paragraphs 2 and 4 as part of the booking process.’;
(4) the following Article 15a is inserted:
‘Article 15a
Service quality standards
1. Air carriers shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex II.
2. Air carriers shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on their website by [2 years after the Regulation becomes applicable], and every two years thereafter. This report shall not contain personal data.
3. Airport managing bodies located in a Member State shall establish service quality standards based on the relevant items listed in Annex II. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request.’;
(5) the following Article 16aa is inserted:
‘Article 16aa
Common form for reimbursement and compensation requests
1. The Commission shall adopt an implementing act establishing a common form for compensation and reimbursement requests under Articles 7 and 8. That common form shall be established in a format which is accessible to persons with disabilities and persons with reduced mobility. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 38 (2) of Regulation (EU) 2021/782 of the European Parliament and the Council18.
2. Passengers shall have the right to submit their requests using the common form referred to in paragraph 1. Operating air carriers and intermediaries shall not reject a request solely on the grounds that the passenger has not used that form. If a request is not sufficiently precise, the carrier shall ask the passenger to clarify the request and shall assist the passenger in doing so.
3. Air carriers and intermediaries shall provide details on their website such as an e-mail address, to which requests under paragraph 1 may be sent by electronic means. This requirement shall not apply where other electronic means of communication allowing passengers to request reimbursement or compensation exist, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are also available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union.
4. The Commission shall make the common form available in all Union languages on its website. The body or bodies designated by Member States in accordance with Articles 16(1) and 16a(3) shall ensure that passengers have access to the common form.
(6) the following Articles 16ba, 16bb and 16bc are inserted:
‘Article 16ba
Risk-based approach to the monitoring of compliance with passenger rights
1. The national enforcement bodies shall develop a compliance monitoring programme to monitor compliance of air carriers, airport managing bodies and intermediaries with the obligations laid down in this Regulation on the basis of a risk assessment. The programme shall allow for the detection and correction of recurrent non-compliance in the implementation of passenger rights. The compliance monitoring programme shall include a representative sample of monitoring activities.
2. The risk assessment shall be based on a factual assessment that takes into account complaints made by passengers to these bodies, where available, as well as findings of the monitoring activities carried out by these bodies, information referred to in Article 16bb (1) and (3), and other sources of information pertaining to the application of this Regulation on the territory of the respective Member State.
3. The risk assessment shall be carried out for the first time by 30 June XXXX [1 year after the Regulation becomes applicable], and every two years thereafter.
4. Compliance monitoring activities shall be based on the assessment of risks and carried out by means of audits, inspections, interviews, verifications and examination of documents as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified.
5. National enforcement bodies shall ensure the swift rectification of non-compliance by air carriers, airport managing bodies and intermediaries as identified during their monitoring activities. They shall require carriers to submit an action plan to remedy non-compliance, as appropriate.
6. The compliance monitoring programme under paragraph 1, the risk assessment under paragraph 2 as well as their findings shall be communicated to the Commission by 30 June XXXX [2 years after the Regulation becomes applicable], and every two years thereafter.
Article 16bb
Sharing of information with national enforcement bodies
1. Carriers shall provide the national enforcement bodies with relevant documents and information at their request without undue delay and, in any event, within one month from the receipt of the request.
2. In complex cases, the national enforcement body may extend this period to a maximum of three months from the receipt of the request.
3. In carrying out their functions, the national enforcement bodies shall take account of the information submitted to them by the body designated to handle complaints, if this is a different body.
Article 16bc
Information about alternative dispute resolution by national enforcement bodies
The national enforcement body to which the passenger complains, or any other body designated by a Member State for that purpose, shall inform the complainant about his or her right to approach alternative dispute resolution bodies to seek individual redress.’;
(7) Annex I to this Regulation is added as Annex II.
Article 2
Amendments to Regulation (EC) No 1107/2006
Regulation (EC) No 1107/2006 is amended as follows:
(1) in Article 4 (2), the following sentence is added:
‘Air carriers, their agents or a tour operator shall ensure that such an accompanying person travels free of charge and, where practicable, sits next to the person with disabilities or to the person with reduced mobility.’;
(2) the following Article 10a is inserted:
‘Article 10a
Service quality standards for air carriers
1. Air carriers shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex III.
2. Air carriers shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on their website by [2 years after the Regulation becomes applicable], and every two years thereafter. This report shall not contain personal data.’
(3) the following Articles 14a to 14d are inserted:
‘Article 14a
Risk-based approach to the monitoring of compliance with passenger rights
1. The national enforcement bodies referred to in Article 14(1) shall develop a compliance monitoring programme to monitor compliance of air carriers, airport managing bodies and tour operators with the obligations laid down in this Regulation on the basis of a risk assessment. The programme shall allow for the detection and correction of recurrent non-compliance in the implementation of passenger rights. The compliance monitoring programme shall include a representative sample of monitoring activities.
2. The risk assessment shall be based on a factual assessment that takes into account complaints made by passengers to these bodies, where available, as well as findings of the monitoring activities carried out by these bodies, information referred to in Article 10a and Article 14b (1) and (3), and other sources of information pertaining to the application of this Regulation on the territory of the respective Member State.
3. The risk assessment shall be carried out for the first time by 30 June XXXX [1 year after the Regulation becomes applicable], and every two years thereafter.
4. Compliance monitoring activities shall be based on the assessment of risks and carried out by means of audits, inspections, interviews, verifications and examination of documents as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified.
5. National enforcement bodies shall ensure the swift rectification of non-compliance by air carriers, airport managing bodies and tour operators as identified during their monitoring activities. They shall require air carriers, airport managing bodies and tour operators to submit an action plan to remedy non-compliance, as appropriate.
6. The compliance monitoring programme under paragraph 1, the risk assessment under paragraph 2 as well as their findings shall be communicated to the Commission by 30 June XXXX [2 years after the Regulation becomes applicable], and every two years thereafter.
Article 14b
Sharing of information with national enforcement bodies
1. Air carriers, airport managing bodies and tour operators shall provide the national enforcement bodies with relevant documents and information at their request without undue delay and, in any event, within one month from the receipt of the request.
2. In complex cases, the national enforcement body may extend this period to a maximum of three months from the receipt of the request.
3. In carrying out its functions, the body designated in accordance with Article 14(1) shall take account of the information submitted to it by the body designated to handle complaints, if this is a different body.
Article 14c
Information about alternative dispute resolution by national enforcement bodies
The national enforcement body to which the passenger complains, or any other body designated by a Member State for that purpose under Article 15(2), shall inform the complainant about his or her right to approach to alternative dispute resolution bodies to seek individual redress.
Article 14d
Cooperation between Member States and the Commission
1. The Member States shall regularly send relevant information concerning the application of this Regulation to the Commission, which will make this information available in electronic form to other Member States.
2. At the request of the Commission, the national enforcement bodies shall investigate specific suspected practices of non-compliance with the obligations laid down in this Regulation by one or several air carriers, airport managing bodies and tour operators and report its findings to the Commission within four months of the request.
(4) the following Article 16a is inserted:
‘Article 16a
Passenger Rights Committee
1. The Commission shall be assisted by the committee referred to in Article 38 of Regulation (EU) 2021/782 of the European Parliament and the Council19.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.’;
(5) Annex II to this Regulation is added as Annex III.
Article 3
Amendments to Regulation (EU) No 1177/2010
Regulation (EU) No 1177/2010 is amended as follows:
(1) Article 16 is amended as follows:
(a) paragraph 1 is replaced by the following:
‘1. In the case of a cancellation or a delay in departure of a passenger service or a cruise, passengers departing from port terminals or, if possible, passengers departing from ports shall be informed by the carrier or, where appropriate, by the terminal operator, of the situation and of their passenger rights under this Regulation as soon as possible and in any event no later than 30 minutes after the scheduled time of departure, and of the estimated departure time and estimated arrival time as soon as that information is available.’;
(b) the following paragraph is added:
‘4. The information required under paragraphs 1 and 2 shall be provided by electronic means to all passengers, within the time-limit stipulated in paragraph 1, if the passenger has agreed to it and has provided the necessary contact details to the carrier or, where appropriate, to the terminal operator, when purchasing the ticket.’;
(2) the following Article 19a is inserted:
‘Article 19a
Common form for reimbursement and compensation requests
1. The Commission shall adopt an implementing act establishing a common form for reimbursement and compensation requests under Articles 18 and 19. That common form shall be established in a format which is accessible to persons with disabilities and persons with reduced mobility. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 38 (2) of Regulation (EU) 2021/782.20
2. The passengers shall have the right to submit their requests using the common form referred to in paragraph 1. Carriers shall not reject a request for reimbursement or compensation solely on the grounds that the passenger has not used that form. If a request is not sufficiently precise, the carriers shall ask the passenger to clarify the request and shall assist the passenger in doing so.
3. Carriers shall have electronic means for passengers on their website, such as an e-mail address, to which requests under paragraph 1 may be sent. This requirement shall not apply where other electronic means of communication exist allowing passengers to request reimbursement or compensation, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union.
4. The Commission shall make the common form available in all Union languages on its website. The body or bodies designated by Member States in accordance with Article 25(1) and (3) shall ensure that passengers have access to the common form.’;
(3) Article 23 is amended as follows:
(a) paragraph 1 is amended as follows:
(i) the following sentence is inserted before the first sentence:
‘When selling tickets for services falling within the scope of this Regulation, carriers, ticket vendors, travel agents, tour operators and terminal operators shall, within their respective areas of competence, ensure that passengers are provided with appropriate and comprehensible information regarding their rights under this Regulation.’;
(ii) the second sentence is replaced by the following:
‘Carriers, terminal operators and, when applicable, port authorities, shall also, within their respective areas of competence, ensure that information on the rights of passengers under this Regulation is publicly available on board ships, in ports, if possible, and in port terminals.’;
(b) paragraph 3 is replaced by the following:
‘3. Carriers, terminal operators and, when applicable, port authorities shall inform passengers in an appropriate manner on board ships, in ports, if possible, and in port terminals, of their contact details and the contact details of the enforcement body designated by the Member State concerned pursuant to Article 25(1).’;
(4) the following Article 23a is inserted:
‘Article 23a
Means of communication with passengers
The information referred to in Articles 16, 22 and 23 shall be provided in the most appropriate format, where technically possible by electronic means.
Where information is provided by electronic means of communication, carriers, terminal operators, port authorities, travel agents, tour operators and ticket vendors shall ensure that the passenger can keep any written correspondence, including the date and time of such correspondence, on a durable medium. All means of communication shall enable the passenger to contact them quickly and communicate efficiently.’;
(5) the following Article 24a is inserted:
‘Article 24a
Service quality standards
1. Carriers shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex V.
2. Carriers shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on the Internet by [2 years after the day of application of this Regulation], and every two years thereafter. This report shall not contain personal data.
3. Terminal operators shall establish service quality standards based on the relevant items listed in Annex V. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request.’;
(6) the following Articles 25a, 25b and 25c are inserted:
‘Article 25a
Risk-based approach to the monitoring of compliance with passenger rights
1. The national enforcement bodies shall develop a compliance monitoring programme to monitor compliance of carriers, terminal operators, port authorities, travel agents, tour operators and ticket vendors with the obligations laid down in this Regulation on the basis of a risk assessment. The programme shall allow for the detection and correction of recurrent non-compliance in the implementation of passenger rights. The compliance monitoring programme shall include a representative sample of monitoring activities.
2. The risk assessment shall be based on a factual assessment that takes into account complaints made by passengers to these bodies, where available, as well as findings of the monitoring activities carried out by these bodies, information referred to in Article 25b(1) and (3), and other sources of information pertaining to the application of this Regulation on the territory of the respective Member State.
3. The risk assessment shall be carried out for the first time by 30 June XXXX [1 year after the Regulation becomes applicable], and every two years thereafter.
4. Compliance monitoring activities shall be based on the assessment of risks and carried out by means of audits, inspections, interviews, verifications and examination of documents as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified.
5. National enforcement bodies shall ensure the swift rectification of non-compliance by carriers, terminal operators, port authorities, travel agents, tour operators and ticket vendors, when applicable, as identified during their monitoring activities. They shall require carriers to submit an action plan to remedy non-compliance, as appropriate.
6. The compliance monitoring programme under paragraph 1, the risk assessment under paragraph 2 as well as their findings shall be communicated to the Commission by 30 June XXXX [2 years after the Regulation becomes applicable], and every two years thereafter. Where applicable, they shall be included in the reports referred to in Article 26.
Article 25b
Sharing of information with national enforcement bodies
1. Carriers, terminal operators and port authorities, when applicable, shall provide national enforcement bodies with relevant documents and information at their request without undue delay and, in any event, within one month from the receipt of the request.
2. In complex cases, the national enforcement body may extend this period to a maximum of three months from the receipt of the request.
3. In carrying out their functions, the national enforcement bodies shall take account of the information submitted to them by the body designated under Article 25(3) to handle complaints, if this is a different body.
Article 25c
Information about alternative dispute resolution by national enforcement bodies
The national enforcement body to which the passenger complains, or any other body designated by a Member State for that purpose under Article 25(3), shall inform the complainant about his or her right to approach alternative dispute resolution bodies to seek individual redress.’;
(7) the following Article 27a is inserted:
‘Article 27a
Cooperation between Member States and the Commission
1. The Member States shall regularly send relevant information concerning the application of this Regulation to the Commission, which shall make this information available in electronic form to other Member States.
2. At the request of the Commission, the national enforcement bodies shall investigate specific suspected practices of non-compliance with the obligations laid down in this Regulation by one or several carriers, terminal operators, port authorities, travel agents, ticket vendors and tour operators and report its findings to the Commission within four months of the request.’;
(8) the following Article 28a is inserted:
‘Article 28a
Passenger Rights Committee
1. The Commission shall be assisted by the committee referred to in Article 38 of Regulation (EU) 2021/78221.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.’;
(9) Annex III to this Regulation is added as Annex V.
Article 4
Amendments to Regulation (EU) No 181/2011
Regulation (EU) No 181/2011 is amended as follows:
(1) the following Article 19a is inserted:
‘Article 19a
Common form for reimbursement and compensation requests
1. The Commission shall adopt an implementing act establishing a common form for reimbursement and compensation requests under Article 19 of this Regulation. That common form shall be established in a format which is accessible to persons with disabilities and persons with reduced mobility. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 38 (2) of Regulation (EU) 2021/78222.
2. The passengers shall have the right to submit their requests using the common form referred to in paragraph 1. Carriers shall not reject a request for reimbursement or compensation solely on the grounds that the passenger has not used that form. If a request is not sufficiently precise, the carrier shall ask the passenger to clarify the request and shall assist the passenger in doing so.
3. Carriers shall have electronic means for passengers on their website, such as an e-mail address, to which requests under paragraph 1 may be sent. This requirement shall not apply where other electronic means of communication allowing passengers to request reimbursement or compensation exist, such as a form on a website or mobile applications, provided that such means offer the choice and information set out in the common form and are available in an official language of the Union and in the language internationally accepted in this field. When using such means, passengers shall not be prevented from providing information in any of the languages of the Union.
4. The Commission shall make the common form available in all Union languages on its website. The body or bodies designated by Member States in accordance with Article 28(1) and (3) shall ensure that passengers have access to the common form.’;
(2) Article 20 is amended as follows:
(a) paragraph 1 is replaced by the following:
‘1. In the event of cancellation or delay in departure of a regular service, passengers departing from terminals shall be informed by the carrier or, where appropriate, the terminal managing body, of the situation and of their passenger rights under this Regulation as soon as possible and in any event no later than 30 minutes after the scheduled departure time, and of the estimated departure time as soon as this information is available.’;
(b) paragraph 4 is replaced by the following:
‘4. The information required under paragraphs 1 and 2 shall also be provided by electronic means to all passengers, including those departing from bus stops, within the time-limit provided in paragraph 1, if the passenger has agreed to it and has provided the necessary contact details to the carrier or, where appropriate, to the terminal managing body, when purchasing the ticket.’;
(3) the title of Chapter V is replaced by ‘General rules, quality of service and complaints’;
(4) Article 24 is amended as follows:
(a) the first sentence is replaced by the following:
‘Carriers and terminal managing bodies shall, within their respective areas of competence, provide passengers with adequate information throughout their travel in formats which are accessible to all and in the same languages as those in which information is generally made available to all passengers.’;
(b) the second sentence is deleted;
(5) in Article 25, paragraph 1 is replaced by the following:
‘1. When selling tickets for bus and coach services, carriers and terminal managing bodies shall, within their respective areas of competence, ensure that passengers are provided with:
(a) appropriate and comprehensible information regarding their rights and obligations under this Regulation,
(b) contact details of carriers or, where appropriate, terminal managing bodies,
(c) contact details of the enforcement body or bodies designated by the Member State pursuant to Article 28(1).
This information shall also be provided by electronic means if feasible including at terminals and, where applicable, on the Internet. At the request of a person with disabilities or person with reduced mobility the information shall be provided, where feasible, in an accessible format.’;
(6) the following Article 25a is inserted:
‘Article 25a
Means of communication with passengers
The information referred to in Article 20, Article 24 and Article 25(1) shall be provided in the most appropriate format, where technically possible by electronic means.
Where information is provided by electronic means of communication, carriers, terminal managing bodies, ticket vendors, travel agents 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. All means of communication shall enable the passenger to contact them quickly and communicate efficiently.’;
(7) the following Article 26a is inserted:
‘Article 26a
Service quality standards
1. Carriers shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex III.
2. Carriers shall monitor their performance as reflected in the service quality standards. They shall publish a report on their service quality performance on the Internet by [2 years after the day on which this Regulation becomes applicable], and every two years thereafter. This report shall not contain personal data.
3. Terminal managing bodies shall establish service quality standards based on the relevant items listed in Annex III. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request.’;
(8) the following Articles 28a, 28b and 28c are inserted:
‘Article 28a
Risk-based approach to the monitoring of compliance with passenger rights
1. The national enforcement bodies shall develop a compliance monitoring programme to monitor compliance of carriers, terminal managing bodies, travel agents, ticket vendors and tour operators with the obligations laid down in this Regulation on the basis of a risk assessment. The programme shall allow for the detection and correction of recurrent non-compliance in the implementation of passenger rights. The compliance monitoring programme shall include a representative sample of monitoring activities.
2. The risk assessment shall be based on a factual assessment that takes into account complaints made by passengers to these bodies, where available, as well as findings of the monitoring activities carried out by these bodies, information referred to in Article 28b (1) and (3), and other sources of information pertaining to the application of this Regulation on the territory of the respective Member State.
3. The risk assessment shall be carried out for the first time by 30 June XXXX [1 year after the Regulation becomes applicable], and every two years thereafter.
4. Compliance monitoring activities shall be based on the assessment of risks and carried out by means of audits, inspections, interviews, verifications and examination of documents as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified.
5. National enforcement bodies shall ensure the swift rectification of non-compliance by carriers, terminal managing bodies, travel agents, ticket vendors and tour operators as identified during their monitoring activities. They shall require carriers to submit an action plan to remedy non-compliance, as appropriate.
6. The compliance monitoring programme under paragraph 1, the risk assessment under paragraph 2 as well as their findings shall be communicated to the Commission by 30 June XXXX [2 years after the Regulation becomes applicable], and every two years thereafter. Where applicable, they shall be included in the reports referred to in Article 29.
Article 28b
Sharing of information with national enforcement bodies
1. Carriers and terminal managing bodies shall provide the national enforcement bodies with relevant documents and information at their request without undue delay and, in any event, within one month from the receipt of the request.
2. In complex cases, the national enforcement body may extend this period to a maximum of three months from the receipt of the request.
3. In carrying out their functions, the national enforcement bodies shall take account of the information submitted to them by the body designated under Article 28(3) to handle complaints, if this is a different body.
Article 28c
Information about alternative dispute resolution by national enforcement bodies
The national enforcement body to which the passenger complains, or any other body designated by a Member State for that purpose under Article 28(3), shall inform the complainant about his or her right to approach alternative dispute resolution bodies to seek individual redress.’;
(9) the following Article 30a is inserted:
‘Article 30a
Cooperation between Member States and the Commission
1. The Member States shall regularly send relevant information concerning the application of this Regulation to the Commission, which will make this information available in electronic form to other Member States.
2. At the request of the Commission, the national enforcement bodies shall investigate specific suspected practices of non-compliance with the obligations laid down in this Regulation by one or several carriers, terminal managing bodies, ticket vendors, travel agents and tour operators and report its findings to the Commission within four months of the request.’;
(10) the following Article 31a is inserted:
‘Article 31a
Passenger Rights Committee
1. The Commission shall be assisted by the committee referred to in Article 38 of Regulation (EU) 2021/78223.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.’;
(11) Annex IV to this Regulation is inserted as Annex III.
Article 5
Amendments to Regulation (EU) 2021/782
Regulation (EU) 2021/782 is amended as follows:
(1) the following Article 30a is inserted:
‘Article 30a
Means of communication with passengers
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. All means of communication shall enable the passenger to contact them quickly and communicate efficiently.’;
(2) the following Article 32a is inserted:
‘Article 32a
Risk-based approach to the monitoring of compliance with passenger rights
1. The national enforcement bodies shall develop a compliance monitoring programme to monitor compliance of railway undertakings, station managers, ticket vendors and tour operators with the obligations laid down in this Regulation on the basis of a risk assessment. The programme shall allow for the detection and correction of recurrent non-compliance in the implementation of passenger rights. The compliance monitoring programme shall include a representative sample of monitoring activities.
2. The risk assessment shall be based on a factual assessment that takes into account complaints made by passengers to these bodies, where available, as well as findings of the monitoring activities carried out by these bodies, information referred to in Article 32(2), and other sources of information pertaining to the application of this Regulation on the territory of the respective Member State.
3. The risk assessment shall be carried out for the first time by 30 June XXXX [1 year after the Regulation becomes applicable], and every two years thereafter.
4. Compliance monitoring activities shall be based on the assessment of risks and carried out by means of audits, inspections, interviews, verifications and examination of documents as appropriate. They shall include both announced and unannounced activities. The monitoring activities shall be proportionate to the risks identified.
5. National enforcement bodies shall ensure the swift rectification of non-compliance by railway undertakings, station managers, ticket vendors and tour operators as identified during their monitoring activities. They shall require carriers to submit an action plan to remedy non-compliance, as appropriate.
6. The compliance monitoring programme under paragraph 1, the risk assessment under paragraph 2 as well as their findings shall be communicated to the Commission by 30 June XXXX [2 years after the Regulation becomes applicable], and every two years thereafter. Where applicable, they shall be included in the reports referred to in Article 32(3).’;
(3) the following Article 34a is inserted:
‘Article 34a
Cooperation between Member States and the Commission
1. The Member States shall regularly send relevant information concerning application of this Regulation to the Commission, which will make this information available in electronic form to other Member States.
2. At the request of the Commission, the national enforcement bodies shall investigate specific suspected practices of non-compliance with the obligations laid down in this Regulation by one or several railway undertakings, infrastructure managers, station managers, ticket vendors and tour operators and report its findings to the Commission within four months of the request.’.
Article 7
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply as of [1 year after entry into force].
This Regulation shall be binding in its entirety and directly applicable in all Member States.