Legal provisions of COM(2023)752 - Passenger rights in the context of multimodal journeys - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2023)752 - Passenger rights in the context of multimodal journeys. |
|---|---|
| document | COM(2023)752 |
| date | November 29, 2023 |
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
This Regulation establishes rules applicable to multimodal transport as regards the following:
(a) non-discrimination between passengers with regard to transport conditions and the provision of tickets;
(b) information to passengers;
(c) passengers’ rights in the event of disruption, in particular in the context of a missed connection between different transport modes;
(d) non-discrimination against, and assistance for, persons with disabilities and persons with reduced mobility;
(e) the definition and monitoring of service quality standards;
(f) handling of complaints;
(g) general rules on enforcement;
(h) penalties.
Article 2
Scope
1. This Regulation shall apply to multimodal journeys, of which all the transport services concerned fall under the scope of the Union legislation on passenger rights1, offered by carriers or intermediaries to passengers in the form of:
(a) a single multimodal contract,
(b) a combined multimodal ticket,
(c) separate multimodal tickets.
2. This Regulation shall apply to carriers, intermediaries and terminal managers. It shall also apply to multimodal hub managers operating Single Points of Contact at multimodal passenger hubs at the urban nodes listed in Annex I.
3. This Regulation is without prejudice to the following rules laid down by other Union legislation regulating other aspects of the protection of passengers, and complements that protection:
(a) Union legislation on passenger rights;
(b) Union legislation on package travel and linked travel arrangements2;
(c) Union legislation on consumer protection3.
4. This Regulation shall not apply to combined multimodal tickets where they are combined by an organiser as part of a package under Directive (EU) 2015/23024.
5. Paragraph 1, point (a) of Article 7 shall apply to passengers whose single multimodal contracts form part of a package, unless where a right to reimbursement arises under Directive (EU) 2015/23025.
Article 3
Definitions
For the purposes of this Regulation, the following definitions apply:
(1) ‘multimodal journey’ means a journey of a passenger between a point of departure and a final destination covering at least two transport services and at least two modes of transport;
(2) ‘carrier’ means a natural or legal person, other than an intermediary, offering transport services to the general public, including:
(a) operating air carriers as defined in point (b) of Article 2 of Regulation (EC) No 261/2004;
(b) railway undertakings as defined in point (1) of Article 3 of Regulation (EU) 2021/782;
(c) carriers as defined in point (d) of Article 3 of Regulation (EU) No 1177/2010;
(d) carriers as defined in point (e) of Article 3 of Regulation (EU) No 181/2011;
(3) ‘ticket vendor’ means any natural or legal person, other than a carrier, acting on behalf of a carrier or a passenger for the conclusion of transport contracts;
(4) ‘intermediary’ means a ticket vendor or an organiser or retailer as defined in points (8) and (9) respectively of Article 3 of Directive (EU) 2015/2302 other than a carrier;
(5) ‘ticket’ means valid evidence, regardless of its form, of the conclusion of a transport contract;
(6) ‘transport contract’ means a contract of carriage between a carrier and a passenger for the provision of one or more transport services;
(7) ‘single multimodal contract’ means a transport contract for a multimodal journey containing successive transport services operated by one or more carriers;
(8) ‘combined multimodal ticket’ means a ticket or tickets for a multimodal journey representing separate transport contracts which are combined by a carrier or intermediary on its own initiative, and which are purchased by means of a single payment by the passenger;
(9) ‘separate multimodal tickets’ mean tickets for a multimodal journey representing separate transport contracts which are offered together by a carrier or intermediary, and which are purchased by means of separate payments by the passenger;
(10) ‘transport service’ means a passenger transport service that operates between terminals according to a timetable, including transport services offered for re-routing;
(11) ‘managing body of the airport’ means a body as defined in point (f) of Regulation (EC) No 1107/2006;
(12) ‘airport’ means an airport as defined in point (j) of Regulation (EC) No 1107/2006;
(13) ‘railway station manager’ means a station manager as defined in point (3) of Article 3 of Regulation (EU) 2021/782;
(14) ‘railway station’ means a station as defined in point (22) of Article 3 of Regulation (EU) 2021/782;
(15) ‘port terminal’ means a terminal as defined in point (k) of Article 3 of Regulation (EU) No 1177/2010;
(16) ‘port terminal operator’ means a terminal operator as defined in point (s) of Article 3 of Regulation (EU) No 1177/2010;
(17) ‘bus or coach terminal’ means a terminal as defined in point (m) of Article 3 of Regulation (EU) No 181/2011;
(18) ‘bus terminal managing body’ means an entity as defined in point (o) of Article 3 of Regulation (EU) No 181/2011;
(19) ‘terminal’ means an airport, railway station, port terminal or bus or coach terminal;
(20) ‘terminal manager’ means a managing body of the airport, a railway station manager, a port terminal operator or a bus terminal managing body
(21) ‘multimodal passenger hub’ means a connection point between at least two transport modes for passengers, where access to public transport and transfers between modes, including Park and Ride stations and active modes, are ensured and which act as an interface between urban nodes and longer-distance transport networks;
(22) ‘multimodal hub manager’ means a terminal manager responsible for the management of a multimodal passenger hub;
(23) ‘missed connection during a multimodal journey’ means a situation where a passenger misses one or more transport services in the course of a multimodal journey, as a result of the delay or cancellation of one or more previous transport services, or of the departure of a transport service before the scheduled departure time;
(24) ‘person with disabilities’ and ‘person with reduced mobility’ mean any person who has a permanent or temporary physical, mental, intellectual or sensory impairment which, in interaction with various barriers, may hinder his or her full and effective use of transport on an equal basis with other passengers or whose mobility when using transport is reduced due to age;
(25) ‘small and medium-sized enterprises’ or ‘SMEs’ means undertakings fulfilling the criteria laid down in Annex I to Commission Regulation (EU) No 651/2014;
CHAPTER II
TRANSPORT CONTRACTS AND INFORMATION
Article 4
Non-discriminatory contract conditions and tariffs
1. Without prejudice to social tariffs, carriers or intermediaries shall offer contract conditions and tariffs for multimodal journeys to the general public without direct or indirect discrimination on the basis of the passenger’s nationality or of the place of establishment within the Union of the carrier or intermediary.
2. Social tariffs shall be acceptable provided that they do not discriminate on the basis of nationality of the passenger.
Article 5
Travel information for passengers
1. Carriers and intermediaries offering transport contracts on behalf of one or more carriers shall provide the passenger with information prior to purchase on whether the ticket or the tickets offered for a multimodal journey constitute a single multimodal contract, a combined multimodal ticket or separate multimodal tickets, as well as on the rights associated with the type of contract or ticket.
2. Prior to purchase, carriers and intermediaries offering transport contracts on behalf of one or more carriers for the purpose of a multimodal journey shall provide the passenger with general guidance on minimum connecting times between the different types of transport services offered in a multimodal journey.
3. Multimodal hub managers shall also provide general guidance on minimum connecting times between the different types of transport services that operate at the multimodal hub.
4. Carriers and intermediaries offering transport contracts on behalf of one or more carriers for the purpose of a multimodal journey shall provide the passenger, with the following information before the multimodal journey:
(a) general conditions applicable to the contract;
(b) time schedules and conditions for the fastest trip for the multimodal journey;
(c) time schedules and conditions for all available fares for the multimodal journey, highlighting the lowest fares;
(d) disruptions and delays affecting the multimodal journey, planned and in real time;
(e) procedures for the submission of complaints under Article 18.
5. Carriers offering single multimodal contracts and combined multimodal tickets and, where possible, intermediaries offering combined multimodal tickets shall provide the passenger during the journey with the following information:
(a) disruptions and delays (planned and in real time);
(b) main connecting transport services;
(c) security and safety issues occurring on board the transport service and at terminals.
6. The information referred to in paragraphs 1 to 5 shall be provided in the most appropriate format, including by using appropriate communication technologies. This information shall be provided in an accessible format.
7. The information to passengers shall be provided also by electronic means, where technically possible. Where information is provided by electronic means of communication, 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.
8. Where the passenger does not acquire a single multimodal contract directly from the carrier, but via an intermediary, this intermediary shall provide the contact details of the passenger and the booking details to the carriers concerned. The carrier may only use these contact details to the extent necessary to comply with its obligations under this Regulation to provide information, provision of care, reimbursement, re-routing and compensation , and to fulfil the carrier’s obligations under applicable Union law on safety and security. 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.
9. Carriers and intermediaries which are SMEs shall be exempted from the provisions on real-time information under this Article.
Article 6
Access to travel information for carriers and intermediaries
1. Without prejudice to Article 10 (1) of Regulation (EU) 2021/782, carriers offering single multimodal contracts shall provide other carriers and intermediaries which sell their contracts with access to the travel information set out in Article 5(2) to (5).
2. Carriers offering single multimodal contracts shall distribute this information and grant access in a non-discriminatory manner and without undue delay. A one-off request shall be sufficient to have continuous access to information. The carrier obliged to make available information in accordance with paragraph 1 may request the conclusion of a contract or other arrangement on whose basis information is distributed or access is granted. The terms and conditions of any contract or arrangement for the use of the information shall not unnecessarily restrict possibilities for its reuse. The terms and conditions shall not be used to restrict competition. Carriers offering single multimodal contracts may require from other carriers and intermediaries a fair, reasonable and proportionate financial compensation for the costs incurred in providing the access.
3. Information shall be distributed, and access shall be provided by appropriate technical means, such as application programming interfaces. It shall be ensured that these application programming interfaces are in compliance with the specifications laid down in the implementing acts adopted under Directive (EU) 2016/797.
4. Where the information covered by paragraph 1 is provided in accordance with other Union legal acts, in particular delegated acts adopted under Directive 2010/40/EU of the European Parliament and of the Council1, the corresponding obligations under this Article are equally fulfilled.
CHAPTER III
MISSED CONNECTIONS
Article 7
Reimbursement and re-routing
1. Where a missed connection of a subsequent transport service during a multimodal journey, concluded under a single multimodal contract, occurs or is reasonably to be expected to occur due to a delay or cancellation of a preceding transport service under that same contract, the contracting carrier shall immediately offer the passenger the choice between one of the following options:
(a) reimbursement of the full cost of the ticket, under the conditions by which it was paid for the part or parts of his or her journey not made and for the part or parts already made if the journey is no longer serving any purpose in relation to the passenger’s original travel plan, together with, when relevant, a return service to the first point of departure at the earliest opportunity;
(b) continuation or re-routing, under comparable transport conditions, to the final destination at the earliest opportunity;
(c) continuation or re-routing, under comparable transport conditions, to the final destination at a later date at the passenger’s convenience.
The contracting carrier shall make the arrangements necessary for the option chosen by the passenger.
2. Where, for the purposes of points (b) and (c) of paragraph 1, comparable re-routing is operated by the same carrier or another carrier is commissioned to perform the re-routing, this shall not generate additional costs to the passenger. That requirement also applies where the re-routing involves the use of transport of a higher service class and alternative modes of transport. Carriers shall make reasonable efforts to avoid additional connections and to ensure that delay in the total travel time is as short as possible.
3. Re-routing transport service providers shall provide persons with disabilities and persons with reduced mobility with a level of assistance and accessibility comparable to the missed transport service when offering an alternative service. Re-routing transport service providers shall pay particular attention to provide persons with disabilities and persons with reduced mobility with alternative services which are appropriate to their needs, and which differ from those offered to other passengers.
4. The reimbursement referred to in point (a) of paragraph 1 shall be paid within 14 days after the receipt of the request. Member States may require contracting carriers to accept such requests by particular means of communication, provided that the requirement does not create discriminatory effects. The reimbursement may take the form of money, vouchers or the provision of other services provided that the terms of those vouchers and services are sufficiently flexible, in particular regarding the validity period and destination, and that the passenger expressly agrees to accept those vouchers and services. The reimbursement of the ticket price shall not be reduced by financial transaction costs such as fees, telephone costs or stamps.
Article 8
Reimbursement when the single multimodal contract was booked through an intermediary
1. Where the passenger has bought the single multimodal contract through an intermediary, the contracting carrier may make the reimbursement referred to in Article 7(1) point (a) through that intermediary in accordance with this Article.
2. The intermediary and the contracting carrier shall inform the passenger about 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 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 shall apply in the case of reimbursement through intermediaries which have paid the contracting carrier for the single multimodal contract from their own accounts:
(a) the contracting 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 7(1), point (a), of this Regulation. 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 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 7(1), point (a)of this Regulation, the contracting 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 contracting carrier shall reimburse the passenger within 14 days and inform the passenger and the intermediary thereof.
Article 9
Assistance
1. In the case of a missed connection of a subsequent transport service during a multimodal journey concluded under a single multimodal contract, which is due to a delay or cancellation of a preceding transport service under that same contract, the contracting carrier shall offer the passengers the following free of charge:
(a) meals and refreshments in reasonable relation to the waiting time, if they are available on the transport service or in the terminal, or can reasonably be supplied, taking into account criteria such as the distance from the supplier, the time required for delivery and the cost;
(b) hotel or other accommodation, and transport between the terminal and place of accommodation, in cases where a stay of one or more nights or an additional stay becomes necessary, where and when physically possible. In cases where such a stay becomes necessary due to the circumstances referred to in Article 19(10) of Regulation (EU) 2021/782, the carrier may limit the duration of accommodation to a maximum of three nights. The access requirements of persons with disabilities and persons with reduced mobility and the needs of assistance dogs shall be taken into account, whenever possible.
2. In applying paragraph 1, the operating carrier shall pay particular attention to the needs of persons with disabilities and persons with reduced mobility, as well as to those of any accompanying persons and assistance dogs.
Article 10
Liability for combined multimodal tickets
1. A carrier or intermediary which sells a combined multimodal ticket shall be liable to reimburse the total amount paid for that ticket and, moreover, to pay compensation equivalent to 75 % of that amount if the passenger misses one or more connections. The right to reimbursement or to compensation shall be without prejudice to applicable national law granting passengers further compensation for damage.
2. The liability set out in paragraph 1 shall not apply if it is explicitly and clearly mentioned on the tickets, or on another document or electronically in such a manner that allows the passenger to reproduce the information for future reference, that the combined multimodal ticket consists of separate transport contracts with no right under this Regulation to reimbursement, re-routing, assistance or compensation in case of missed connections, and if the passenger was clearly informed of this prior to the purchase. The burden of proof that the passenger was provided with the information shall lie with the carrier or intermediary that sold the combined multimodal ticket.
The burden of proof that the passenger was provided with the information shall lie with the carrier or intermediary which sold the combined multimodal ticket.
3. The carriers or intermediaries which sold the combined multimodal ticket shall be responsible for handling requests and possible complaints of the passenger under paragraph 1.
4. The reimbursement and the compensation referred to in paragraph 1 shall be paid within 14 days after the receipt of the request.
Article 11
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 this Regulation. That common form shall be established in accessible formats. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 26(2).
2. Passenger shall have the right to submit their requests using the common form referred to in paragraph 1. Carriers and intermediaries 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 and intermediaries shall ask the passenger to clarify the request and shall assist the passenger in doing so.
3. 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. That requirement shall not apply where other electronic means of communication allowing passengers to request reimbursement or compensation are available, 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 20(1) and 21(1) shall ensure that passengers have access to the common form.
CHAPTER IV
PERSONS WITH DISABILITIES AND PERSONS WITH REDUCED MOBILITY
Article 12
Right to transport
1. Carriers offering single multimodal contracts and multimodal hub managers shall establish non-discriminatory access rules for the transport of persons with disabilities, and the transport of persons with reduced mobility. Those rules shall comply with the relevant provisions on the limitation of transport of persons with disabilities and persons with reduced mobility in the Union law on passenger rights.
2. Reservations and tickets for multimodal journeys, whether in the form of a single multimodal contract, a combined multimodal ticket or separate multimodal tickets, shall be offered to persons with disabilities and persons with reduced mobility at no additional cost. A carrier or intermediary may not refuse to accept a reservation from, or to issue a ticket to, a person with disabilities or a person with reduced mobility or require that such person be accompanied by another person, unless this is strictly necessary in order to comply with the access rules referred to in paragraph 1.
3. The access rules referred to in paragraph 1 shall be established with the active involvement of representative organisations for persons with disabilities and persons with reduced mobility and, where relevant, representatives of persons with disabilities and persons with reduced mobility.
4. Carriers offering single multimodal contracts and multimodal hub managers shall publish the access rules referred to in paragraph 1 and provide them, upon request, in accessible format.
5. Where a carrier requires that a disabled person or person with reduced mobility be accompanied by another person who is capable of providing the assistance required in accordance with paragraph 2, the accompanying person shall be entitled to travel free of charge and to be seated, where practicable, next to the person with disabilities or to the person with reduced mobility.
6. When a carrier or intermediary makes use of the derogation provided for in Article 12 (2), it shall, upon request, inform in writing or, where necessary, in any accessible format the person with disabilities or person with reduced mobility concerned of the reasons for making use of that derogation within five working days of the refusal to accept the reservation or to issue the ticket or of the imposition of the condition of being accompanied. The carrier or intermediary shall make reasonable efforts to propose acceptable alternative transport to the person in question taking into account his or her accessibility needs.
Article 13
Information on accessibility to persons with disabilities and persons with reduced mobility
Carriers and intermediaries offering transport contracts on behalf of one or more carriers, and multimodal hub managers, shall provide persons with disabilities and persons with reduced mobility with information on the accessibility of the multimodal hub and associated facilities and of services. This information shall be provided upon request in accessible format.
Article 14
Assistance to persons with disabilities and persons with reduced mobility
In the context of single multimodal contracts, carriers, terminal managers and intermediaries shall cooperate to provide assistance free of charge to persons with disabilities and persons with reduced mobility, in accordance with the access rules referred to in Article 12(1), and offer a single notification mechanism, in accordance with the following:
(a) assistance shall be provided where the carrier, the intermediary with which the single multimodal contract was purchased, the terminal manager or the Single Point of Contact referred to in Article 15, where applicable, is notified of the passenger’s need for such assistance at least 48 hours before the assistance is needed; a single notification per journey shall be required; the notification shall be forwarded to all carriers, terminal managers and Single Points of Contact involved in the journey;
(b) the notification shall be accepted without additional costs, irrespective of the means of communication being used;
(c) carriers, terminal managers and intermediaries shall take all measures necessary for the reception of notifications; where ticket vendors are unable to process such notifications, they shall indicate alternative points of purchase or alternative means to make the notification;
(d) if the notification is made in accordance with point (a), carriers and terminal managers shall provide assistance in such a way that the person is able to take the transport services for which he or she holds a reservation as part of the single multimodal contract;
(e) if the notification is not made in accordance with point (a), or no such notification has been made, the carriers and terminal managers shall make all reasonable efforts to provide assistance in such a way that the person with disabilities or person with reduced mobility may travel;
(f) an assistance dog shall be permitted to accompany a person with disability or person with reduced mobility in accordance with any relevant Union1 or national law.
Article 15
Single points of contact for assistance at multimodal passenger hubs
1. Member States shall ensure that terminal managers and carriers on their territory cooperate to establish and to operate single points of contact for persons with disabilities and persons with reduced mobility at multimodal passenger hubs in the urban nodes referred to in Annex I. The terms for the operation of the single points of contact shall be established in the access rules referred to in Article 12(1). Those single points of contact shall have the responsibility to:
(a) accept requests for assistance at terminals;
(b) communicate individual requests for assistance to terminal operators and carriers.
2. Member States may require that terminal managers and carriers on their territory cooperate to establish and to operate single points of contact at other multimodal passenger hubs than those referred to in paragraph 1.
Article 16
Compensation in respect of mobility equipment, assistive devices and assistance dogs
1. Where terminal managers and carriers assisting persons with disabilities and persons with reduced mobility from one transport service to a connecting transport service, either in the context of a single multimodal contract or at a multimodal passenger hub, cause the loss of, or damage to, mobility equipment, including wheelchairs, and assistive devices, or the loss of, or injury to, assistance dogs used by persons with disabilities and persons with reduced mobility, they shall be liable for that loss, damage or injury, and provide compensation without undue delay. That compensation shall comprise:
(a) the cost of replacement or repair of the mobility equipment or assistive devices lost or damaged;
(b) the cost of replacement or the treatment of the injury of an assistance dog that was lost or injured;
(c) reasonable costs of temporary replacement for mobility equipment, assistive devices or assistance dogs where such replacement is not provided or is not to be provided, by the carrier or terminal manager in accordance with paragraph 2.
2. Where paragraph 1 applies, carriers and terminal managers shall rapidly make all reasonable efforts to provide immediately needed temporary replacements for mobility equipment or assistive devices. The person with disabilities or the person with reduced mobility shall be permitted to keep that temporary replacement equipment or device until the compensation referred to in paragraph 1 has been paid.
3. Where a carrier or terminal manager pays compensation under paragraph 1, no provision of this Regulation may be interpreted as restricting their right to seek compensation from any person, including third parties, in accordance with the applicable law.
CHAPTER V
SERVICE QUALITY AND COMPLAINTS
Article 17
Service quality standards
1. Carriers offering single multimodal contracts 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. Carriers offering single multimodal contracts 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 day of application of this Regulation], and every two years thereafter. That report shall not contain personal data.
3. Multimodal hub managers 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.
Article 18
Complaints
1. Each carrier offering single multimodal contracts or combined multimodal tickets, each intermediary offering combined multimodal tickets and each multimodal hub manager shall set up a complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility. They shall make their contact details and working language, or languages, widely known to passengers.
2. Details of the complaint-handling procedure shall be accessible to the public, including to persons with disabilities and to persons with reduced mobility. That information shall be available upon request in the official language or languages of the Member State in which the carrier, intermediary or multimodal hub manager is operating.
CHAPTER VI
INFORMATION AND ENFORCEMENT
Article 19
Information to passengers on their rights
1. When selling tickets for a multimodal journey, carriers and intermediaries shall inform passengers of their rights and obligations under this Regulation. In order to comply with that information requirement, they may use a summary of the provisions of this Regulation prepared by the Commission in all official languages of the Union and made available to the public.
2. Carriers and intermediaries offering multimodal journeys shall also inform passengers of the contact details of the body or bodies designated by Member States pursuant to Article 20(1), on board and on their website.
3. Carriers and intermediaries shall provide the information under this Article, in either paper or electronic format, or by any other means, including in accessible formats. In the event of cancellation, missed connection or long delay, they shall specify where such information can be obtained.
Article 20
National enforcement body
1. Each Member State shall designate a body or bodies responsible for the enforcement of this Regulation. To this effect, Member States may designate a body which is already responsible for the enforcement of the Union law on passenger rights. Each body shall take the measures necessary to ensure that the rights of passengers are respected.
2. Member States shall inform the Commission of the body or bodies designated in accordance with this Article and of its or their respective responsibilities. The Commission and the bodies designated shall publish that information on their websites.
3. By 1 June XXXX [2 years after the Regulation becomes applicable] and every 2 years thereafter, the national enforcement bodies shall publish a report on their website on their activity in the previous 2 calendar years, containing in particular a description of actions taken in order to implement this Regulation and statistics on complaints and sanctions applied.
Article 21
Complaint handling by national enforcement bodies and other bodies
1. Member States shall designate the national enforcement body or any other body as the entity responsible for the handling of complaints under paragraph 2 of this Article.
2. Where different bodies are designated under paragraph 1 and Article 20(1), reporting mechanisms shall be set up to ensure the exchange of information between them in order to help the national enforcement body to carry out its tasks of supervision and enforcement, and in order to enable the complaint-handling body designated under this paragraph to collect the information necessary to examine individual complaints.
3. Without prejudice to the possibility for consumers to seek alternative redress pursuant to Directive 2013/11/EU, after having complained unsuccessfully to the carrier, intermediary or multimodal hub manager pursuant to Article 18, passengers may complain about an alleged infringement of this Regulation to the body designated under paragraph 1.
4. Passenger complaints about an incident in the context of a single multimodal contract shall be handled by the body designated under paragraph 1 of the Member State where the contracting carrier is established.
5. Passenger complaints about an incident in the context of a combined multimodal ticket offered by carriers shall be handled by the body designated under paragraph 1 of the Member State where the carrier offering this ticket is established or, if the carrier is established outside of the Union, of the Member State where the legal or natural person acting as its legal representative is based. If the carrier does not have such a representative, the complaints shall be handled by the body designated under paragraph 2 of the Member State where the journey starts or ends.
6. Without prejudice to paragraphs 3 and 4, passenger complaints about an intermediary shall be handled by the body designated under paragraph 1 of the Member State where the intermediary is established or, if the intermediary is established outside of the Union, of the Member State where the legal or natural person acting as its legal representative is based. If the intermediary does not have such a representative, the complaints shall be handled by the body designated under paragraph 2 of the Member State where the journey starts or ends.
7. Where a complaint relates to alleged infringements by multimodal hub managers, the complaint shall be handled by the body designated under paragraph 1 of the Member State on whose territory the incident occurred.
Article 22
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 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, findings of the monitoring activities carried out by these bodies, information referred to in Article 23 (1) and (3), as well as 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 and terminal managers 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 20 (3).
Article 23
Sharing of information with national enforcement bodies
1. Carriers, intermediaries, terminal managers and multimodal hub managers 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 24
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 managers and intermediaries and report its findings to the Commission within four months of the request.’
CHAPTER VII
FINAL PROVISIONS
Article 25
Penalties
Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them.
Article 26
Committee procedure
1. The Commission shall be assisted by the committee established under Article 38 of Regulation (EU) 2021/782.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 27
Report
By XXX [five years after the date of application pursuant to Art. 28], the Commission shall report to the European Parliament and the Council on the implementation and the results of this Regulation.
The report shall be based on information to be provided pursuant to this Regulation.
Article 28
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 from [1 year after entry into force].
This Regulation shall be binding in its entirety and directly applicable in all Member States.